[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Notices]
[Pages 53809-53810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26738]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Refuse Piles and Impounding Structures, 
Recordkeeping and Reporting Requirements

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 containing 
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.

DATES: Submit comments on or before December 24, 2001.

ADDRESSES: Send comments to Gordon J. Burke, Jr., Director, 
Administration and Management, 4015 Wilson Boulevard, Room 615, 
Arlington, VA 22203-1984. Commenters are encouraged to send their 
comments on a computer disk, or via Internet E-mail to [email protected], along with an original printed copy. Mr. Burke can be 
reached at (703) 235-13830 (voice), or (703) 235-1563 (facsimile).

FOR FURTHER INFORMATION CONTACT: Charlene N. Barnard, Regulatory 
Specialist, Records Management Division, U.S. Department of Labor, Mine 
Safety and Health Administration, Room 725, 4015 Wilson Boulevard, 
Arlington, VA 22203-1984. Ms. Barnard can be reached at [email protected] (Internet E-mail), (703) 235-1470 (voice), or (703) 
235-1563 facsimile).

SUPPLEMENTARY INFORMATION:

I. Backgound

    The Coal Mine Health and Safety Act of 1969 was amended by the 
Federal Mine Safety and Health Act of 1977 after the Buffalo Creek dam 
failure in 1972 in West Virginia. The refuse pile and impound 
standards, Title 30 CFR sections 77.215 and 77.216 had been enacted 
earlier in 1975 and were incorporated into the Act. Additional parts of 
these Sections were promulgated and enacted in 1992.
    The standards require that the agency approve prudently engineered 
design plans for dams and their impoundments, as well as the plans for 
hazardous refuse piles that are routinely constructed by coal mine 
operators. Plan revisions are also required to be submitted for 
approval. In addition, the standards also require plans when one of 
these sites is to be abandoned. And plans are required when spontaneous 
fires erupt and need to be extinguished at the burning site. Records of 
weekly inspections and instrument monitoring are also required to 
ensure that the sites remain safe. Finally, the mine operators are also 
required to submit an annual status report and certification that 
guarantees that the site is being constructed in accordance with the 
approved plan, and the site has not been altered during the 
construction year.

II. Desired Focus of Comments

    Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments concerning the proposed extension of the 
information collection related to Refuse Piles and Impound Structures, 
Recordkeeping and

[[Page 53810]]

Reporting Requirements. 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 submission of responses.
    A copy of the proposed information collection request may be viewed 
on the Internet by accessing the MSHA homepage (http://www.msha.gov) 
and selecting ``Statutory and Regulatory Information'' then ``Paperwork 
Reduction Act submission (http://www.msha.gov/regspwork.htm)'', or by 
contacting the employee listed above in the For Further Information 
Contact section of this notice for a hard copy.

III. Current Actions

    There are approximately 750 coal mine impounding structures, of 
which at least 250 are high-hazard sites. In addition, there are 
hundreds of refuse piles, and of these, it is estimated that 25 are 
hazardous. All impoundments and hazardous refuse piles are required by 
the standards to be constructed and operated in an approved manner. In 
addition, coal mine operators frequently revise construction plans to 
accommodate mining conditions, cycles or markets. Since these revisions 
to the structures can adversely affect a great number of people, such 
changes are required to be planned in a prudent manner and approved by 
the agency.
    Fire extinguishing plans are only required from an operator when a 
spontaneous combustion has occurred, and the operator is directed to 
extinguish the fire.
    Inspections on a weekly basis, or inspections at a longer interval 
for long-established and stable impoundments (after the regulation 
changes in 1992), are required to ensure that precipitation, seismic 
activity, or perhaps an unknown construction flaw, has not adversely 
affected any part of the dam site. The annual status report and 
certification ensures that the company's engineers confirm that the 
site is in accordance with the approved engineering plan.
    An abandonment plan approved by the agency, ensures that a 
hazardous site is not left in place after all mining activity has 
ceased.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Impounding Safety and Refuse Piles, Reporting Requirements, 
Certifications and Record keeping.
    OMB Number: 1219-0015.
    Record keeping: 3 years.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc: 30 CFR Sections 77.215 and 77.216.
    Total Burden Cost (capital/startup): None.
    Total Burden Cost (operating/maintaining): None.

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                                                                                                                           Average time
                Cite/reference                      Total                      Frequency                       Total       per response    Burden hours
                                                 respondents                                                 responses      (in hours)
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77.215 New Refuse Piles......................              50  Annually.................................              50              16             800
Fire Ext. Plans..............................               1  Annually.................................               1               4               4
Abandonment Plans............................              25  Annually.................................              25               8             200
Certification................................              15  Annually.................................              15               2              30
77.16 New Impoundments.......................              50  Annually.................................              50           1,300          65,000
Revisions....................................             100  Annually.................................             100               5             500
Annual Certification.........................             115  Annually.................................             115               2             230
Inspections w/monitoring Instruments.........             285  On Occasion..............................           4,845               3          14,535
w/o Monitoring Instruments...................             426  On Occasion..............................           7,242               2          14,484
                                              ----------------                                           -----------------------------------------------
    Totals...................................             755  .........................................          12,428               8          95,753
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    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: October 17, 2001.
Gordon J. Burke, Jr.,
Director, Administration and Management.
[FR Doc. 01-26738 Filed 10-23-01; 8:45 am]
 BILLING CODE 4510-43-M