[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Pages 63209-63211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25248]


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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, Training Plans, and 
Records; Sections 46.3, 46.5, 46.6, 46.7, 46.8, 46.9, and 46.11

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 22, 2008.

[[Page 63210]]


ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and 
Health Administration, Debbie Ferraro, Management Services Division, 
1100 Wilson Boulevard, Room 2141, Arlington, VA 22209-3939. Commenters 
are encouraged to send their comments on a computer disk, or via e-mail 
to [email protected], along with an original printed copy. Ms. 
Ferraro can be reached at (202) 693-9821 (voice), or (202) 693-9801 
(facsimile).

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

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 must be 
provided 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 
train 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 of Comments

    Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments concerning the proposed extension of the 
information collection requirement related to the training and 
retraining of miners, training plans, and records of training. MSHA is 
particularly interested in comments that:
     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 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 selecting 
``Rules and Regs'', and then selecting ``Fed Reg Docs.''

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

[[Page 63211]]

is continuing this requirement under 30 CFR 46.3, 46.5, 46.6, 46.7, 
46.8, 46.9, and 46.11.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0131.
    Title: Part 46--Training, Training Plans, and Records; Sections 
46.3, 46.5, 46.6, 46.7, 46.8, 46.9, and 46.11.
    Affected Public: Business or other for-profit.
    Total Respondents: 6,325.
    Frequency: On occasion.
    Total Responses: 1,077,296.
    Estimated Total Burden Hours: 295,779 hours.
    Estimated Total Burden Cost: $493,634.
    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 17th day of October, 2008.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. E8-25248 Filed 10-22-08; 8:45 am]
BILLING CODE 4510-43-P