[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70539-70541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20483]


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DEPARTMENT OF LABOR


Submission for OMB Review: Comment Request

October 23, 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 
from RegInfo.gov at http://www.reginfo.gov/public/do/PRAMain or by 
contacting Darrin King on 202-693-4129 (this is not a toll-free 
number)/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, Telephone: 202-395-7316/Fax: 202-395-6974 (these 
are not a toll-free numbers), 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 without change of currently approved 
collection.
    Title: Gamma Radiation Exposure Records.
    OMB Number: 1219-0039.
    Type of Response: Recordkeeping.
    Affected Public: Private sector: Business or other for-profit.
    Number of Respondents: 3.
    Estimated Number of Annual Responses: 3.
    Average Response Time: 1 hour.
    Estimated Annual Burden Hours: 3.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: 30 CFR 57.5047 requires records to be kept of 
cumulative individual gamma radiation exposure to ensure that annual 
exposure does not exceed 5 Rems per year. It is intended to protect the 
health of workers in mines with radioactive ores.

    Agency: Mine Safety and Health Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Mine Rescue Teams; Arrangements for Emergency Medical 
Assistance; and Arrangements for Transportation for Injured Persons.
    OMB Number: 1219-0078.
    Type of Response: Reporting; recordkeeping; and third party 
disclosure.
    Affected Public: Private sector: Business or other for-profit.
    Number of Respondents: 1,067.
    Estimated Number of Annual Responses: 45,270.
    Average Response Time: approximately one half (.5) hour.
    Estimated Annual Burden Hours: 24,365.

[[Page 70540]]

    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $648,196.
    Description: Section 115(e) of the Federal Mine Safety and Health 
Act of 1977 (Mine Act) requires the Secretary of Labor (Secretary) to 
publish regulations which provide that mine rescue teams be available 
for rescue and recovery work to each underground mine in the event of 
an emergency. In addition, the costs of making advance arrangements for 
such teams are to be borne by the operator of each such mine.

    Congress considered the ready availability of mine rescue in the 
event of an accident to be vital protection for miners. Congress was 
concerned that too often in the past, rescue efforts at a disaster site 
have had to await the delayed arrival of skilled mine rescue teams. In 
responding to Congressional concerns, the Mine Safety and Health 
Administration (MSHA) promulgated 30 CFR Part 49, Mine Rescue Teams. 
The regulations set standards related to the availability of mine 
rescue teams; alternate mine rescue capability for small and remote 
mines and mines with special mining conditions; inspection and 
maintenance records of mine rescue equipment and apparatus; physical 
requirements for mine rescue team members and alternates; and 
experience and training requirements for team members and alternates.
    Title 30, CFR 49.2 provides that the mine operator of an 
underground mine establish at least two mine rescue teams to be 
available at all times that miners are underground, or the operator 
must enter into an arrangement for mine rescue services which assures 
that at least two teams are available at all times when miners are 
underground. Each team shall consist of five members and one alternate 
fully qualified, trained and equipped for rescue service. In addition, 
each member shall have been employed in an underground mine for a 
minimum of 1 year within the past 5 years. This standard also requires 
that each underground mine operator send the MSHA District Manager a 
statement describing the method of compliance. The statement must 
disclose whether the operator has independently provided mine rescue 
teams or entered into an agreement for mine rescue services. The name 
of the provider and the location of the services shall be included in 
the statement, a copy of the statement posted at the mine for miner's 
information, and a copy provided to the miner's representative if a 
representative has been designated.
    With respect to alternative mine rescue capability for small and 
remote mines and mines with special mining conditions, 30 CFR 49.3 and 
49.4 provide that operators of those mines may submit to MSHA for 
approval alternative plans for assuring mine rescue capability. The 
intent of these regulations is to establish the best possible rescue 
response available given the mining conditions unique to each mine. 
Although small and remote mines are not statistically less hazardous 
than larger non-remote mines, they are distinguished by their size and 
location which may effectively limit the operators' ability to 
establish and equip two full mine rescue teams. A critical element in 
determining whether a mine is small and remote is the proximity of 
other underground mines or existing rescue teams and stations. 
Likewise, it is recognized that certain mining conditions and 
situations present significantly lower risks of entrapment to 
underground miners that would justify an alternative to the mine rescue 
team requirements contained in 49.2.
    Title 30, CFR 49.3 provides that if an underground mine is small 
and remote, the operator may submit an application to MSHA for approval 
for an alternative mine rescue capability. Applications must contain 
the number of miners employed underground on each shift; the distance 
from the two nearest mine rescue stations; the total underground 
employment of mines within two hours ground travel time of the 
operator's mine; the operator's mine fire, ground, and roof control 
history; the operator's established escape and evacuation plan; an 
evaluation of the usefulness of additional refuge chambers to 
supplement those which may exist; the number of miners willing to serve 
on a mine rescue team; an alternative plan for assuring that a suitable 
mine rescue capability is provided at all times when miners are 
underground; and other relevant information.
    Title 30, CFR 49.4 provides that if an underground mine is 
operating under special mining conditions, the mine operator may submit 
alternative plans to MSHA for approval as a means of achieving full 
compliance with the regulation. Applications must contain an 
explanation of the special mining conditions, the number of miners 
employed underground on each shift, the distance from the two nearest 
mine rescue stations, the operator's mine fire history, the operator's 
established escape and evacuation plan, the operator's alternative plan 
for assuring that a suitable mine rescue capability is provided at all 
times when miners are underground, and other relevant information.
    Title 30, CFR 49.6 provides a detailed listing of equipment that is 
to be provided each mine rescue station. Section 49.6(9)(b) states that 
rescue apparatus and equipment shall be maintained and that a person 
trained in the use and care of breathing apparatus shall inspect and 
test the apparatus at least every 30 days and shall certify by 
signature and date that the inspections and tests were done. The 
certification and the record of corrective action taken, if any, shall 
be maintained at the mine rescue station for a period of one year and 
made available to an authorized representative of the Secretary.
    Title 30, CFR 49.7 requires that each team member and alternate be 
examined within 60 days of the beginning of the initial training, and 
annually thereafter by a physician who shall certify the physical 
fitness of the team member to perform mine rescue and recovery work for 
prolonged periods under strenuous conditions. The operator shall have 
MSHA Form 5000-3 on file for each team member certifying medical 
fitness and signed by the examining physician. These forms shall be 
kept on file at either the mine or the mine rescue station for a period 
of one year.
    Title 30, CFR 49.8 requires that prior to serving on a mine rescue 
team, each member must complete an initial 20 hour course of 
instruction in the use, care, and maintenance of the type of breathing 
apparatus which will be used by the mine rescue team. All team members 
are required to receive 40 hours of refresher training annually which 
includes: (1) Sessions underground at least once each 6 months; (2) 
wearing and use of the breathing apparatus by team members for a period 
of at least 2 hours while under oxygen every 2 months; (3) where 
applicable, the use, care, capabilities, and limitations of auxiliary 
mine rescue equipment, or a different breathing apparatus; (4) advanced 
mine rescue training and procedures; and (5) mine map training and 
ventilation procedures. A record of the training received by each mine 
rescue team member is required to be on file at the mine rescue station 
for a period of one year.
    Title 30, CFR 49.9 provides that each mine shall have a mine rescue 
notification plan outlining the procedures to be followed in notifying 
the mine rescue teams when there is an emergency. In addition, a copy 
of the plan shall be posted at the mine and a

[[Page 70541]]

copy provided for the miners' representative, if applicable.
    Title 30, CFR 75.1713-1(a) and (b) and 77.1702 (a) and (b) require 
that mine operators make arrangements with a licensed physician, 
medical service, medical clinic, or hospital and with an ambulance 
service to provide 24-hour emergency medical assistance and 
transportation.
    Title 30, CFR 75.1713-1(e) and 77.1702(e) require that the mine 
operator post the names, titles, addresses and telephone numbers of all 
persons or services available for medical assistance and transportation 
at the mine.
    This information is used by mine operators, miners, and MSHA to 
formulate an appropriate rescue capability within the guidelines set 
forth in these standards.

Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E6-20483 Filed 12-4-06; 8:45 am]
BILLING CODE 4510-43-P