[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Notices]
[Pages 64140-64142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26383]



[[Page 64140]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Part 46--Training and Retraining of Miners 
Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, 
Surface Clay, Colloidal Phosphate, or Surface Limestone Mines

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 pre-clearance 
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 30 CFR sections 46.3, 46.5, 46.6, 
46.7, 46.8, 46.9, and 46.11; Training Plans, New Miner Training; Newly-
Hired Experienced Miner Training; New Task Training; Annual Refresher 
Training; Records of Training; and Site-Specific Hazard Awareness 
Training.

DATES: Submit comments on or before December 16, 2002.

ADDRESSES: Send comments to David Meyer, Director, Administration and 
Management, 1100 Wilson Boulevard, Room 2125, Arlington, VA 22209-3939. 
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. Meyer can be reached at (202) 693-9802 (voice), or 
(202) 693-9801 (facsimile).

FOR FURTHER INFORMATION CONTACT: Jane E. Tarr, Management Analyst, 
Records Management Group, U.S. Department of Labor, Mine Safety and 
Health Administration, Room 2171, 1100 Wilson Boulevard, Arlington, VA 
22209-3939. Ms. Tarr can be reached at [email protected] (Internet e-
mail), (202) 693-9824 (voice), or (202) 693-9801 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Paragraph (a) of Sec.  46.3 requires mine operators to develop and 
implement a written training plan approved by MSHA that contains 
effective programs for training new miners and experienced miners, 
training miners for new tasks, annual refresher training, and hazard 
training.
    Paragraph (b) requires the following information, at a minimum, to 
be included in a training plan:
    (1) The company name, mine name, and MSHA mine identification 
number;
    (2) The name and position of the person designated by the operator 
who is responsible for the health and safety training at the mine. This 
person may be the operator;
    (3) A general description of the teaching methods and the course 
materials that are to be used in providing the training, including the 
subject areas to be covered and the approximate time to be spent on 
each subject area;
    (4) A list of the persons who will provide the training, and the 
subject areas in which each person is competent to instruct; and
    (5) The evaluation procedures used to determine the effectiveness 
of training.
    Paragraph (c) requires a plan that does not include the minimum 
information specified in paragraph (b) to be approved by MSHA. For each 
size category, the Agency estimates that 20 percent of mine operators 
will choose to write a plan and send it to MSHA for approval.
    Paragraph (d) requires mine operators to provide miners' 
representatives with a copy of the training plan. At mines where no 
miners' representative has been designated, a copy of the plan must be 
posted at the mine or a copy must be provided to each miner.
    Paragraph (e) provides that within 2 weeks following receipt or 
posting of the training plan, miners or their representatives may 
submit written comments on the plan to mine operators, or to the 
Regional Manager, as appropriate. The burden hours and costs of this 
provision are not borne by mine operators, but by miners and their 
representatives.
    Paragraph (g) requires that the miners' representative with a copy 
of the approved plan within one week after approval. At mines where no 
miners' representative has been designated, a copy of the plan must be 
posted at the mine or a copy must be provided to each miner.
    Paragraph (h) allows mine operators, miners, and miners' 
representatives to appeal a decision of the Regional Manager in writing 
to the Director for Education Policy and Development. The Director 
would issue a decision on the appeal within 30 days after receipt of 
the appeal.
    Paragraph (i) requires mine operators to make available at the mine 
site a copy of the current training plan for inspection by MSHA and for 
examination by miners and their representatives. If the training plan 
is not maintained at the mine site, mine operators must have the 
capability to provide the plan upon request by MSHA, miners, or their 
representatives.
    Paragraph (a) of Sec.  46.5 requires mine operators to provide each 
new miner with no less than 24 hours of training. Miners who have not 
received the full 24 hours of new miner training must work where an 
experienced miner can observe that the new miner is working in a safe 
manner.
    Paragraph (a) of Sec.  46.6 requires mine operators to provide each 
newly hired experienced miner with certain training before the miner 
begins work.
    Paragraph (a) of Sec.  46.7 requires, before a miner performs a 
task for which he or she has no experience, that the mine operator 
training the miner in the safety and health aspects and safe work 
procedures specific to that task. If changes have occurred in a miner's 
regularly assigned task, the mine operator must provide the miner with 
training that addresses the changes.
    Paragraph (a) of Sec.  46.8 requires, at least every 12 months, 
that the mine operator provide each miner with no less than 8 hours of 
refresher training.
    Paragraph (a) of Sec.  46.9 requires the mine operators upon 
completion of each training program, to record and certify on MSHA Form 
5000-23, or on a form that contains the required information, that the 
miner has completed the training. False certification that training was 
completed is punishable under Sec.  110(a) and (f) of the Act.
    Paragraph (a) of Sec.  46.11 requires the mine operator to provide 
site-specific hazard training to non-miners, including the following 
persons: scientific workers; delivery workers and customers; 
occasional, short-term maintenance or service workers, or 
manufacturers' representatives; and outside vendors, visitors, office 
or staff personnel who do not work at the mine site on a continuing 
basis.

II. Desired Focus on Comments

    MSHA is particularly interest in comments which:

[[Page 64141]]

    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility, and clarity of the 
information to be collected; and
    [sbull] 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, or viewed on the Internet 
by accessing the MSHA home page (http://www.msha.gov) and then choosing 
``Statutory and Regulatory Information'' and ``Federal Register 
Documents.''

III. Current Actions

    USGS data show that domestic production of sand and gravel and 
crushed stone increased every year between 1991 and 1999, an indication 
of the continuing strong demand for construction aggregates in the 
United States. The number of hours worked at sand and gravel and 
crushed stone operations has been increasing steadily since 1991.
    MSHA's objective in these requirements is to ensure that all miners 
receive the required training, which would result in a decrease in 
accidents, injuries, and fatalities. Therefore, MSHA is continuing this 
requirement under 30 CFR 46.3, .5, .6, .7, .8, .9, and .11.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Training Plans, New Miner Training, Newly Hired Experienced 
Miner Training; New Task Training; Annual Refresher Training; Records 
of Training; and Site-Specific Hazard Awareness Training (30 CFR 46.3, 
.5, .6, .7, .8, .9, .11).
    OMB Number: 1219-0131.
    Recordkeeping: Sec.  46.3 requires mine operators to develop and 
implement a written training plan approved by MSHA that contains 
effective programs for training new miners and experienced miners, 
training miners for new tasks, annual refresher training, and hazard 
training.
    Sec.  46.5 requires mine operators to provide each new miner with 
no less than 24 hours of training. Miners who have not received the 
full 24 hours of new miner training must work where an experienced 
miner can observe that the new miner is working in a safe manner.
    Sec.  46.6 requires mine operators to provide each newly hired 
experienced miner with certain training before the miner begins work.
    Sec.  46.7 requires, before a miner performs a task for which he or 
she has no experience, that the mine operator train the miner in the 
safety and health aspects and safe work performances specific to that 
task. If changes have occurred in a miner's regularly assigned task, 
the mine operator must provide the miner with training that addresses 
the changes.
    Sec.  46.8 requires, at least every 12 months, that the mine 
operator provide each miner with no less than 8 hours of refresher 
training.
    Sec.  46.9 requires the mine operators upon completion of each 
training program, to record and certify on MSHA Form 5000-23, or on a 
form that contains the required information, that the miner has 
completed the training. False certification that training was completed 
is punishable under Sec.  110(a) and (f) of the Act.
    Sec.  46.11 requires the mine operator to provide site-specific 
hazard training to non-miners, including the following persons: 
scientific workers; delivery workers and customers; occasional, short-
term maintenance or service workers, or manufacturers' representatives; 
and outside vendors, visitors, office or staff personnel who do not 
work at the mine site on a continuing basis.
    Affected Public: Business or other for-profit.

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                                                                                             Avg time
                                          Total                                  Total         per       Burden
              Section                  respondents         Frequency           responses     response    hours
                                                                                             (hours)
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46.3(a) exist......................          10,305  On Occasion..........           5,477       1.05      5,728
46.3(a) new........................          10,305  On Occasion..........             221       2.23        492
46.3(c) exist......................          10,305  On Occasion..........           1,040         .1        104
46.3(c) new........................          10,305  On Occasion..........              42        .19          8
46.3(d) exist......................          10,305  On Occasion..........           5,477        .05        274
46.3(d) new........................          10,305  On Occasion..........             221         .1         22
46.3(e) exist......................          10,305  On Occasion..........             384        .76        291
46.3(e) new........................          10,305  On Occasion..........              15       1.47         22
46.3(g) exist......................          10,305  On Occasion..........           1,095        .05         55
46.3(g) new........................          10,305  On Occasion..........              44        .09          4
46.3(h) exist......................          10,305  On Occasion..........              22          2         44
46.3(h) new........................          10,305  On Occasion..........              44        .09          4
46.3(i) exist......................          10,305  On Occasion..........           5,477        .05        274
46.3(i) new........................          10,305  On Occasion..........             221         .1         22
46.5(a) prepare....................          10,305  On Occasion..........           5,477          6     32,862
46.5(a) train......................          10,305  On Occasion..........           5,477       7.04     38,573
46.6(a) prepare....................          10,305  On Occasion..........           5,477          1      5,477
46.6(a) train......................          10,305  On Occasion..........           5,477       1.74      9,543
46.7(a) Reg. Prepare...............          10,305  On Occasion..........           5,440        .25      1,360
46.7(a) Reg. Train.................          10,305  On Occasion..........           5,440       2.96     16,125
46.7(a) On Occasion New Prepare....          10,305  On Occasion..........          11,042        .08        883
46.7(a) New Train..................          10,305  On Occasion..........          11,042       1.56     17,280
46.8(a) Prepare....................          10,305  On Occasion..........           5,477          3     16,431
46.8(a) Train......................          10,305  Annually.............           5,477        7.8     42,723
46.9 records of 46.5...............          10,305  On Occasion..........           4,139         .1        414
46.9 records of 46.6...............          10,305  On Occasion..........           4,076         .1        408

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46.9 records of 46.7...............          10,305  On Occasion..........          31,287         .1      3,128
46.9 records of 46.8...............          10,305  On Occasion..........          31,287         .1      3,128
46.11(a) Train.....................          10,305  On Occasion..........           5,477      10.45     57,218
                                    ----------------                       ----------------           ----------
    Total..........................          10,305  .....................         161,872  .........    252,897
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    Total Burden Cost (capital/startup): None.
    Total Burden Cost (operating/maintaining): $630,333.
    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 at Arlington, Virginia, this 10th day of October, 2002.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. 02-26383 Filed 10-16-02; 8:45 am]
BILLING CODE 4510-43-M