[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36831-36832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10177]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

June 20, 2006.
    The Department of Labor (DOL) has submitted the following public 
information collection requests (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
each ICR, with applicable supporting documentation, may be obtained by 
contacting Darrin King on 202-693-4129 (this is not a toll-free number) 
or e-mail: [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Mine Safety and Health 
Administration (MSHA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, 202-395-7316 (this is not a toll-free number), 
within 30 days from the date of this publication in the Federal 
Register.
    The OMB 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.
    Agency: Mine Safety and Health Administration.
    Type of Review: Extension of currently approved collection.
    Title: Miner Operator Dust Cards.
    OMB Number: 1219-0011.
    Frequency: On occasion and bi-monthly.
    Type of Response: Recordkeeping; Reporting; and Third party 
disclosure.
    Affected Public: Business or other for-profit.
    Number of Respondents: 950.
    Estimated Number of Annual Responses: 41,100.
    Average Response Time: Varies by task.
    Estimated Annual Burden Hours: 32,875.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $2,989,172.
    Description: 30 CFR 70.201(c), 71.201(c), and 90.201(c), authorizes 
the District Manager to require the mine operator to submit the 
dates(s) when sampling will begin. Only a certified person is allowed 
to conduct the respirable dust sampling required by these parts.
    Sections 70.202(b), 71.202(b), and 90.202(b), requires that the 
person must pass the MSHA examination on sampling of respirable coal 
mine dust.
    Sections 70.220(a), 71.220(a), and 90.220(a), requires the operator 
to report status changes to MSHA in writing within 3 working days after 
the status change has occurred.
    Sections 70.209, 71.209, and 90.209, requires persons who are 
certified by MSHA to take respirable dust samples to complete the dust 
data card that accompanies each sample being submitted for analysis.
    Sections 71.300 and 90.300 require a coal mine operator to submit 
to MSHA for approval a written respirable dust control plan within 15 
calendar days after the termination date of a citation for violation of 
the applicable dust standard.
    Section 71.301(d) requires the respirable dust control plan to be 
posted on the mine bulletin board, however, 90.301(d) prohibits posting 
of the dust control plan for P-90 miners and, instead, requires a copy 
be provided to the affected P-90 miner.
    Prolonged exposure to excessive amounts of respirable coal mine 
dust can cause respiratory problems, ranging from mild impairment of 
respiratory function to more severe diseases such as coal workers' 
pneumoconiosis (CWP) and silicosis. These diseases are debilitating, 
and in severe cases, disabling and fatal.
    The information provided by the mine operator on the dust data card 
that accompanies each dust sample submitted to MSHA for processing; the 
reporting of when such samples will be taken when District Manager 
requests; and the reporting of any changes in operation status 
affecting sampling, is vital to effectively administer and assess the 
effectiveness of the operator sampling program. MSHA has used the 
information received from the current collection not only to determine 
which mine operators have fully complied with the sampling provisions 
stipulated in the regulations but also which failed to adequately 
protect miners from excessive dust concentrations and needed to take 
appropriate measures to improve the quality of the mine air that miners 
breathe. Also, once the dust samples submitted by coal mine operators 
are processed by MSHA, it uses the collected information for reporting 
the results of respirable dust samples to the appropriate mine 
operators under Sec. Sec.  70.210(a), 71.210(a) and 90.210(a), so that 
the results can be posted on the mine bulletin board for viewing by all 
miners as required by Sec. Sec.  70.210(b) and 71.210(c). These results 
enable the Agency to more effectively evaluate the effectiveness of the 
operator's dust control systems, to better identify which particular 
operators should be targeted for compliance assistance efforts, and to 
plan and undertake special health emphasis initiatives.
    Mine operators whose samples exceed the applicable standard are 
either notified to submit additional samples (involving DA, DWP, or P-
90 miner entity types only) or are cited for violating the applicable 
standard. As discussed earlier, once cited by MSHA, the operator must 
promptly take corrective action and then submit five abatement samples 
to demonstrate that dust levels have been reduced within the applicable 
standard.
    Once a respirable dust control plan, submitted in accordance with 
either Sec.  71.300 or 90.300, is approved by MSHA, its provisions must 
be employed and complied with on a continuous basis. Posting of the 
plan in accordance with Sec.  71.301(d) allows the affected miners to 
acquaint themselves with the types and locations of dust control 
measures that are required to be employed and maintained. MSHA 
inspectors use the information provided in the plan to determine 
whether the operator is complying with all plan provisions, and to 
assess the plan's

[[Page 36832]]

continued effectiveness in maintaining compliance with the applicable 
standard.
    Agency: Mine Safety and Health Administration.
    Type of Review: Extension of currently approved collection.
    Title: Underground Retorts.
    OMB Number: 1219-0096.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Business or other for-profit.
    Number of Respondents: 1.
    Estimated Number of Annual Responses: 1.
    Average Response Time: 160 hours.
    Estimated Annual Burden Hours: 160.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: This regulation pertains to the safety requirements to 
be followed by the mine operators in the use of underground retorts to 
extract oil from shale by heat or fire. Prior to ignition of retorts, 
the mine operator must submit a written plan indicating the acceptable 
levels of combustible gases and oxygen; specifications and location of 
off-gas monitoring procedures and equipment; procedures for ignition of 
retorts and details of area monitoring and alarm systems for hazardous 
gases and actions to be taken to assure safety of miners.
    Plans for operating retorts are required because the retort process 
involves the use of fire in an underground mine in which hazardous 
gases may be present. Approved retort plans are monitored by MSHA to 
ensure that combustible gases are kept at acceptable levels and do not 
expose the miners to explosive or other hazardous conditions.

Ira L. Mills,
Departmental Clearance Officer.
 [FR Doc. E6-10177 Filed 6-27-06; 8:45 am]
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