Proposed Information Collection Request Submitted for Public Comment and Recommendations; Application for Waiver of Surface Facilities Requirement

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Proposed Information Collection Request Submitted for Public

Comment and Recommendations; Application for Waiver of Surface

Facilities Requirement

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 Application for Waiver of Surface

Facilities Requirement. 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,

[[Page 39909]]

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 September 22, 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

Title 30 Sections 71.400 through 71.402 and 75.1712-1 through

75.1712-3 require coal mine operators to provide bathing facilities,

clothing change rooms, and sanitary flush toilet facilities in a

location that is convenient for use of the miners. If the operator is

unable to meet any or all of the requirements, he/she may apply for a

waiver. Title 30 CFR Sections 71.403, 71.404, 75.1712-4 and 75.1712-5

provide procedures by which an operator may apply for and be granted a

waiver. Applications are filed with the District Manager for the

district in which the mine is located and contain the name and address

of the mine operator, name and location of the mine, and a detailed

statement of the grounds upon which the waiver is requested and the

period of time for which it is requested. Waivers for surface coal

mines may be granted for a period not to exceed one year; requests for

an annual extension may be sought by the operator. Waivers for

underground coal mines may be granted for extended periods of time

based on the information provided by the mine operator in the request

for a waiver.

The purpose for the waiver is to assure the conditions at the mine

make it impractical for the mine operator to provide the required

facilities, and to document the circumstances for granting of the

waiver. This gives the mine operator written documentation that the

requirement(s) of the standard have been waived by MSHA and MSHA

inspection personnel will not require the mine operator to comply with

the part(s) of the standard included in the waiver. Without this

written documentation MSHA inspection personnel can not be assured that

a mine operator is not required to provide the required sanitary

facilities.

II. Current Actions

This information is necessary in order to assure the mine operator

is not required to provide the sanitary facilities as required by the

standard. This information provides written documentation that MSHA has

waived the requirements for the applicable part(s) of the standard as

outlined in the waiver.

Type of Review: Extension.

Agency: Mine Safety and Health Administration.

Title: Application for Waiver of Surface Facilities Requirement.

OMB Number: 1219-0024.

Agency Number: MSHA 212.

Affected Public: Business or other for-profit.

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Average time

Cite/reference Total Frequency Total per response: Burden (hrs.)

respondents responses (minutes)

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71.403 71.404, Initial......................... 204 On Occassion........................... 204 30 102

71.403 71.404, Extensions...................... 519 Annually............................... 519 20 173

75.1712-4 75.1712-5, Initial................... 215 On occassion........................... 217 30 108.5

75.1712-4 75.1712-5, Extension................. 2 On Occassion........................... 2 20 1

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Totals..................................... 940 ..................................... 940 384

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

Total Burden Cost (operating/maintaining): $0.

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: July 17, 1998.

George M. Fesak,

Director, Program Evaluation and Information Resources.

[FR Doc. 98-19866 Filed 7-23-98; 8:45 am]

BILLING CODE 4510-43-M