[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Notices]
[Pages 13592-13593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6447]



[[Page 13592]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration


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

DATES: Submit comments on or before May 24, 2004.

ADDRESSES: Send comments to Darrin A. King, Chief, Records Management 
Branch, 1100 Wilson Boulevard, Room 2139, 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. King can be reached at (202) 693-9838 (voice), or 
(202) 693-9826 (facsimile).

FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the 
ADDRESSES section of this notice.

SUPPLEMENTARY INFORMATION:

I. Background

    Title 30, Sec. Sec.  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 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. Desired Focus of Comments

    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 may be viewed 
on the Internet by accessing the MSHA Home Page (http://www.msha.gov) 
and selecting ``Statutory and Regulatory Information'' then ``Paperwork 
Reduction Act Submissions (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 Action

    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.
    This information is necessary in order to assure the mine operator 
is not required to provide the surface 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 Requirements.
    OMB Number: 1219-0024.
    Affected Public: Business or other for-profit.
    Number of Respondents: 225.

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                                                                                   Average  time
            Cite/reference                  Annual              Frequency          per response    Burden  Hours
                                           responses                               (in minutes)     (in hours)
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71.403................................              96  On occasion.............              30              48
71.404................................
Initial...............................
71.403................................             437  Annually................              20             146
71.404................................
Extensions............................
75.1712-4.............................             129  On occasion.............              30              65
75.1712-5.............................
Initial...............................

[[Page 13593]]

 
75.1712-4.............................               0  Annually................              20               0
75.1712-5.............................
Extension.............................
                                       -----------------
    Totals............................             662  ........................  ..............             259
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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 at Arlington, Virginia, this 15th day of March, 2004.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. 04-6447 Filed 3-22-04; 8:45 am]
BILLING CODE 4510-43-P