Federal Register Document: Proposed Information Collection Request Submitted for Public Comment and Recommendations; Hazardous Condition Complaints [04/27/1998]

[Federal Register: April 27, 1998 (Volume 63, Number 80)]

[Notices]

[Page 20660-20661]

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DEPARTMENT OF LABOR
Mine Safety and Health Administration

Proposed Information Collection Request Submitted for Public Comment and Recommendations; Hazardous Condition Complaints

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.

Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to the submission of hazardous conditions complaints addressed in 30 CFR 43.2, 43.4, 43.7, and 43.8. 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 can be obtained by contacting the employee listed below in the For Further Information Contact section of this notice.

DATES: Submit comments on or before June 26, 1998.

ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 627, Arlington, VA 22203-1984. Commenters are encouraged to send their comments on a computer disk, or via E-mail to psilvey, along with an original printed copy. Ms. Silvey can be reached at (703) 235- 1910 (voice) or (703) 235-5551 (facsimile).

FOR FURTHER INFORMATION CONTACT:
George M. Fesak, Director, Office of Program Evaluation and Information Resources, U.S. Department of Labor, Mine Safety and Health Administration, Room 715, 4015 Wilson Boulevard, Arlington, VA 22203- 1984. Mr. Fesak can be reached at Fesak.George@dol.gov (Internet E-mail), (703) 235-8378 (voice), or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

Under Section 103(g) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 813(g), a representative of miners or any individual miner may submit a written notice of an alleged violation of the Mine Act or mandatory health or safety standard or an imminent danger situation. Such notification requires MSHA to make an immediate inspection. A copy of the notice must be provided to the operator.

Title 30, CFR part 43 implements Section 103(g) of the Mine Act. The regulations outline the procedures for submitting notification of the alleged violation and the actions which MSHA must take after receiving the notice. If MSHA determines that a special inspection is not warranted, a written notice of negative finding shall be issued as soon as possible following the determination. A miner or a representative of miners has the option of requesting in writing an information review of MSHA's decision that no inspection is warranted or in those instances where an MSHA inspector has refused to issue a citation or order with regard to the violation alleged to have existed by the miner.

II. Current Actions

MSHA is required to conduct inspections whenever and however complaints of hazardous conditions are made to the Agency by miners or representatives of miners. This is an Agency responsibility mandated by the provisions of Section 103(g) of the Act and implemented through the provisions of 30 C.F.R. Part 43. MSHA has minimized the paper work burden by providing alternative toll free telephone extensions for verbal and anonymous complaints and providing for the reduction of such complaints to written format by agency personnel. MSHA's effectiveness in enforcing the mandatory safety and health standards is dependent in part on its ability to provide a timely response to hazardous condition complaints in order to retain the confidence of miners and to encourage compliance with health and safety standards between the mandated, periodic inspection events at underground and surface mines and mine facilities.

Type of Review:

Agency:

Title:

OMB Number:

Affected Public:

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                                                                                          Average               
                                                                              Total       time per      Burden  
        Cite/reference          Total respondents         Frequency         responses     response     (hours)  
                                                                                          (hours)               
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43.2  General.................  272 verbal 350     On occasion...........          622           .2          124
                                 written 622                                                                    
                                 total.                                                                         
43.4  Giving notice...........  All burden                                                                      
                                 included under                                                                 
                                 43.2.                                                                          
43.7  Informal review.........  15...............  On occasion...........           15           .2            3
43.8  Informal review.........  All burden                                                                      
                                 included under                                                                 
                                 43.7.                                                                          
                               ---------------------------------------------------------------------------------
    Totals....................  637..............  On occasion...........          637           .2          127
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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: April 21, 1998.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 98-11110 Filed 4-24-98; 8:45 am]
BILLING CODE 4510-43-M