Proposed Information Collection Request Submitted for Public Comment and Recommendations; Hazardous Condition Complaints

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Proposed Information Collection Request Submitted for Public

Comment and Recommendations; Hazardous Condition Complaints

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to

reduce paperwork and respondent burden conducts a preclearance

consultation program to provide the general public and Federal agencies

with an opportunity to comment on proposed and/or continuing

collections of information in accordance with the Paperwork Reduction

Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to

ensure that requested data can be provided in the desired format,

reporting burden (time and financial resources) is minimized,

collection instruments are clearly understood, and the impact of

collection requirements on respondents can be properly assessed.

Currently, the Mine Safety and Health Administration (MSHA) is

soliciting comments concerning the proposed extension of the

information collection related to the submission of hazardous

conditions complaints addressed in 30 CFR 43.2, 43.4, 43.7, and 43.8.

MSHA is particularly interested in comments which:

Evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

Evaluate the accuracy of the agency's estimate of the

burden of the proposed collection of information, including the

validity of the methodology and assumptions used;

Enhance the quality, utility, and clarity of the

information to be collected; and

Minimize the burden of the collection of information on

those who are to respond, including through the use of appropriate

automated, electronic, mechanical, or other technological collection

techniques or other forms of information technology, e.g., permitting

electronic submissions of responses.

A copy of the proposed information collection request can be

obtained by contacting the employee listed below in the For Further

Information Contact section of this notice.

DATES: Submit comments on or before June 26, 1998.

ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 627,

Arlington, VA 22203-1984. Commenters are encouraged to send their

comments on a computer disk, or via E-mail to [email protected], along

with an original printed copy. Ms. Silvey can be reached at (703) 235-

1910 (voice) or (703) 235-5551 (facsimile).

FOR FURTHER INFORMATION CONTACT:

George M. Fesak, Director, Office of Program Evaluation and Information

Resources, U.S. Department of Labor, Mine Safety and Health

Administration, Room 715, 4015 Wilson Boulevard, Arlington, VA 22203-

1984. Mr. Fesak can be reached at [email protected] (Internet E-mail),

(703) 235-8378 (voice), or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

Under Section 103(g) of the Federal Mine Safety and Health Act of

1977 (Mine Act), 30 U.S.C. 813(g), a representative of miners or any

individual miner may submit a written notice of an alleged violation of

the Mine Act or mandatory health or safety standard or an imminent

danger situation. Such notification requires MSHA to make an immediate

inspection. A copy of the notice must be provided to the operator.

Title 30, CFR part 43 implements Section 103(g) of the Mine Act.

The regulations outline the procedures for submitting notification of

the alleged violation and the actions which MSHA must take after

receiving the notice. If MSHA determines that a special inspection is

not warranted, a written notice of negative finding shall be issued as

soon as possible following the determination. A miner or a

representative of miners has the option of requesting in writing an

information review of MSHA's decision that no inspection is warranted

or in those instances where an MSHA inspector has refused to issue a

citation or order with regard to the violation alleged to have existed

by the miner.

II. Current Actions

MSHA is required to conduct inspections whenever and however

complaints of hazardous conditions are made to the Agency by miners or

representatives of miners. This is an Agency responsibility mandated by

the provisions of Section 103(g) of the Act and implemented through the

provisions of 30 C.F.R. Part 43. MSHA has minimized the paper work

burden by providing alternative toll free telephone extensions for

verbal and anonymous complaints and providing for the reduction of such

complaints to written format by agency personnel. MSHA's effectiveness

in enforcing the mandatory safety and health standards is dependent in

part on its ability to provide a timely response to hazardous condition

complaints in order to retain the confidence of miners and to encourage

compliance with health and safety standards between the mandated,

periodic inspection events at underground and surface mines and mine

facilities.

Type of Review: Revision (with changes to include Sec. 43.2 and

43.8).

Agency: Mine Safety and Health Administration.

Title: Hazardous Conditions Compliants--30 CFR Sec. 43.2, 43.4,

43.7, and 43.8.

OMB Number: 1219-0014.

Affected Public: Business or other for-profit institutions.

[[Page 20661]]

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Average

Total time per Burden

Cite/reference Total respondents Frequency responses response (hours)

(hours)

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43.2 General................. 272 verbal 350 On occasion........... 622 .2 124

written 622

total.

43.4 Giving notice........... All burden

included under

43.2.

43.7 Informal review......... 15............... On occasion........... 15 .2 3

43.8 Informal review......... All burden

included under

43.7.

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Totals.................... 637.............. On occasion........... 637 .2 127

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Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintaining): $8.

Comments submitted in response to this notice will be summarized

and/or included in the request for Office of Management and Budget

approval of the information collection request; they will also become a

matter of public record.

Dated: April 21, 1998.

George M. Fesak,

Director, Program Evaluation and Information Resources.

[FR Doc. 98-11110 Filed 4-24-98; 8:45 am]

BILLING CODE 4510-43-M