[Federal Register: October 24, 2001 (Volume 66, Number 206)]
[Notices]
[Page 53809-53810]
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Refuse Piles and Impounding Structures,
Recordkeeping and Reporting Requirements
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 containing
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 December 24, 2001.
ADDRESSES: Send comments to Gordon J. Burke, Jr., Director,
Administration and Management, 4015 Wilson Boulevard, Room 615,
Arlington, VA 22203-1984. Commenters are encouraged to send their
comments on a computer disk, or via Internet E-mail to Burke.Gordon@dol.gov, along with an original printed copy. Mr. Burke can be
reached at (703) 235-13830 (voice), or (703) 235-1563 (facsimile).
FOR FURTHER INFORMATION CONTACT: Charlene N. Barnard, Regulatory
Specialist, Records Management Division, U.S. Department of Labor, Mine
Safety and Health Administration, Room 725, 4015 Wilson Boulevard,
Arlington, VA 22203-1984. Ms. Barnard can be reached at Barnard.Charlene@dol.gov (Internet E-mail), (703) 235-1470 (voice), or (703) 235-1563 facsimile).
SUPPLEMENTARY INFORMATION:
I. Backgound
The Coal Mine Health and Safety Act of 1969 was amended by the
Federal Mine Safety and Health Act of 1977 after the Buffalo Creek dam
failure in 1972 in West Virginia. The refuse pile and impound
standards, Title 30 CFR sections 77.215 and 77.216 had been enacted
earlier in 1975 and were incorporated into the Act. Additional parts of
these Sections were promulgated and enacted in 1992.
The standards require that the agency approve prudently engineered
design plans for dams and their impoundments, as well as the plans for
hazardous refuse piles that are routinely constructed by coal mine
operators. Plan revisions are also required to be submitted for
approval. In addition, the standards also require plans when one of
these sites is to be abandoned. And plans are required when spontaneous
fires erupt and need to be extinguished at the burning site. Records of
weekly inspections and instrument monitoring are also required to
ensure that the sites remain safe. Finally, the mine operators are also
required to submit an annual status report and certification that
guarantees that the site is being constructed in accordance with the
approved plan, and the site has not been altered during the
construction year.
II. Desired Focus of Comments
Currently, the Mine Safety and Health Administration (MSHA) is
soliciting comments concerning the proposed extension of the
information collection related to Refuse Piles and Impound Structures,
Recordkeeping and Reporting Requirements. 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 submission of responses.
A copy of the proposed information collection request may be viewed
on the Internet by accessing the MSHA homepage (http://www.msha.gov">http://www.msha.gov)
and selecting "Statutory and Regulatory Information" then "Paperwork Reduction Act submission (http://www.msha.gov/regspwwork.htm)", or by contacting the employee listed above in the For Further Information Contact section of this notice for a hard copy.
III. Current Actions
There are approximately 750 coal mine impounding structures, of
which at least 250 are high-hazard sites. In addition, there are
hundreds of refuse piles, and of these, it is estimated that 25 are
hazardous. All impoundments and hazardous refuse piles are required by
the standards to be constructed and operated in an approved manner. In
addition, coal mine operators frequently revise construction plans to
accommodate mining conditions, cycles or markets. Since these revisions
to the structures can adversely affect a great number of people, such
changes are required to be planned in a prudent manner and approved by
the agency.
Fire extinguishing plans are only required from an operator when a
spontaneous combustion has occurred, and the operator is directed to
extinguish the fire.
Inspections on a weekly basis, or inspections at a longer interval
for long-established and stable impoundments (after the regulation
changes in 1992), are required to ensure that precipitation, seismic
activity, or perhaps an unknown construction flaw, has not adversely
affected any part of the dam site. The annual status report and
certification ensures that the company's engineers confirm that the
site is in accordance with the approved engineering plan.
An abandonment plan approved by the agency, ensures that a
hazardous site is not left in place after all mining activity has
ceased.
Type of Review: Extension. Agency: Mine Safety and Health Administration. Title: Impounding Safety and Refuse Piles, Reporting Requirements,
Certifications and Record keeping. OMB Number: 1219-0015. Record keeping: 3 years. Affected Public: Business or other for-profit. Cite/Reference/Form/etc: 30 CFR Sections 77.215 and 77.216. Total Burden Cost (capital/startup): None. Total Burden Cost (operating/maintaining): None.
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Average time
Cite/reference Total Frequency Total per response Burden hours
respondents responses (in hours)
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77.215 New Refuse Piles...................... 50 Annually................................. 50 16 800
Fire Ext. Plans.............................. 1 Annually................................. 1 4 4
Abandonment Plans............................ 25 Annually................................. 25 8 200
Certification................................ 15 Annually................................. 15 2 30
77.16 New Impoundments....................... 50 Annually................................. 50 1,300 65,000
Revisions.................................... 100 Annually................................. 100 5 500
Annual Certification......................... 115 Annually................................. 115 2 230
Inspections w/monitoring Instruments......... 285 On Occasion.............................. 4,845 3 14,535
w/o Monitoring Instruments................... 426 On Occasion.............................. 7,242 2 14,484
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Totals................................... 755 ......................................... 12,428 8 95,753
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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: October 17, 2001.
Gordon J. Burke, Jr.,
Director, Administration and Management.
[FR Doc. 01-26738 Filed 10-23-01; 8:45 am]
BILLING CODE 4510-43-M
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