Proposed Information Collection Request Submitted for Public Comment and Recommendations; Preparation and Maintenance of Accurate and Up-to-date Certified Mine Maps for Surface and Underground Coal Mines; Submittal of Underground Mine Closure Maps; and Notification of MSHA Prior To Opening New Mines or the Reopening of Inactive or Abandoned Mines, 61844-61845 [05-21358]

Download as PDF 61844 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices • 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: Employment and Training Administration (ETA). Type of Review: Extension of currently approved collection. Title: Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States: Administrative Measures to Improve Program Performance. OMB Number: 1205–0404. Frequency: On occasion. Affected Public: Businesses or other for-profits, Farms. Type of Response: Reporting. Number of Respondents: 335. Annual Responses: 335. Average Response time: 15 minutes. Total Annual Burden Hours: 84. Total Annualized Capital/Startup Costs: 0. Total Annual Costs (operating/ maintaining systems or purchasing services): 0. Description: 20 CFR 655.106(e) required employers of nonimmigrant foreign (H–2A) workers in agriculture in the United States to notify their State Workforce Agency if such an employee departs prior to or remains after a scheduled departure date. Ira L. Mills, Departmental Clearance Officer. [FR Doc. 05–21360 Filed 10–25–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Preparation and Maintenance of Accurate and Up-to-date Certified Mine Maps for Surface and Underground Coal Mines; Submittal of Underground Mine Closure Maps; and Notification of MSHA Prior To Opening New Mines or the Reopening of Inactive or Abandoned Mines ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 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. DATES: Submit comments on or before December 27, 2005. ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and Health Administration, John Rowlett, Director, Management Services Division, 1100 Wilson Boulevard, Room 2134, Arlington, VA 22209–3939. Commenters are encouraged to send their comments on a computer disk, or via Internet E-mail to Rowlett.John@dol.gov, along with an original printed copy. Mr. Rowlett can be reached at (202) 693–9827 (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 Title 30 CFR 75.1200, 75.1200–1, 75.1201, 75.1202, 75.1202–1, and 75.1203 require underground coal mine operators to have in a fireproof repository in an area on the surface of the mine chosen by the mine operator to minimize the danger of destruction by fire or other hazards, an accurate and up-to-date map of such mine drawn on scale. These standards specify the information which must be shown, the range of acceptable scale, the surveying technique or equivalent accuracy required of the surveying which must be used to prepare the map, that the maps must be certified as accurate by a registered engineer or surveyor, that the maps must be kept continuously up-todate by temporary notations and must be revised and supplemented to include the temporary notations at intervals not more than 6 months. In addition, the mine operator must provide the MSHA District Manager a copy of the certified mine map annually during the operating life of the mine. These maps are essential to the planning and safe operation of the mine. In addition, these maps provide a graphic presentation of the locations of working sections and PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 the locations of fixed surface and underground mine facilities and equipment, escapeway routes, coal haulage and man and materials haulage entries and other information essential to mine rescue or mine fire fighting activities in the event of mine fire, explosion or inundations of gas or water. The information is essential to the safe operation of adjacent mines and mines approaching the worked out areas of active or abandoned mines. Section 75.372 requires underground mine operators to submit three copies of an up-to-date mine map to the District Manager at intervals not exceeding 12 months. Title 30 CFR 75.1204 and 75.1204–1 require that whenever an underground coal mine operator permanently closes or abandons a coal mine, or temporarily closes a coal mine for a period of 90 days, the operator shall file with MSHA a copy of the mine map revised and supplemented to the date of closure. Maps are retained in a repository and are made available to mine operators of adjacent properties. The maps are necessary to provide an accurate record of underground areas that have been mined to help prevent active mine operators from mining into abandoned areas that may contain water or harmful gases. Title 30 CFR 77.1200, 77.1201 and 77.1202 require surface coal mine operators to maintain an accurate and up-to-date map of the mine and specified the information to be shown on the map, the acceptable range of map scales, that the map be certified a registered engineer or surveyor, that the map be available for inspection by the Secretary or his authorized representative. These maps are essential for the safe operation of the mine and provide essential information to operators of adjacent surface and underground mine operators. Properly prepared effectively utilized surface mine maps can prevent outbursts of water impounded in underground mine workings and/or inundations of underground mines by surface impounded water or water and/or gases impounded in surface auger mining worked out areas. Title 30 75.373 and 75.1721 require that after a mine is abandoned or declared inactive and before it is reopened, mine operations shall not begin until MSHA has been notified and has completed an inspection. Standard 75.1721 specifies that the notification be in writing and lists specific information, preliminary arrangements and mine plans which must be submitted to the MSHA District Manager. E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 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 the Record of Mine Closure addressed in 30 CFR 75.1204 and 75.1204–1; the inclusion of standards requiring MSHA notification and inspection prior to mining when opening a new mine or reopening an inactive or abandoned mine addressed in 30 CFR 75.373 and 75.1721; and, the inclusion of standards requiring underground and surface mine operators to prepare and maintain accurate and up-to-date mine maps addressed in 30 CFR 75.1200, 75.1200– 1, 75.1201, 75.1202, 75.1202–1, 75.1203, 75,372, 77.1200, 77.1201 and 77.1202. 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 in the ADDRESES section of this notice, or viewed on the Internet by accessing the MSHA home page (https:// www.msha.gov) and then choosing ‘‘Statutory and Regulatory Information’’ and ‘‘Federal Register Documents.’’ III. Current Actions Mine operators are required to conduct surveying such that mine maps are maintained accurate and up-to-date, the maps must be revised every 6 months and certified accurate by a registered engineer or surveyor and to submit copies of the certified underground maps to MSHA annually and an up-to-date and revised mine closure map whenever an operator permanently closes or abandons a coal mine, or temporarily closes a coal mine VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 for a period of more than 90 days, he or she shall promptly notify the Secretary of such closure. In addition, mine operators must notify MSHA so that an inspection can be conducted whenever a new mine is opened or a previously abandoned or inactive mine is reopened. The information required to be gathered and recorded on mine maps is essential to the safe operation of the mine and essential to the effectiveness of mandatory inspections and mandated mine plan approval by MSHA. Such information cannot be replaced by any other source and anything less than continuously updated and accurate information would place miner’s safety at risk. The information collected through the submittal of mine closure maps is used by operators of adjacent coal mines when approaching abandoned underground mines. The abandoned mine could be flooded with water or contain explosive amounts of methane or harmful gases. If the operator were to mine into such an area, unaware of the hazards, miners could be killed or seriously injured. In addition, it is in the public interest to maintain permanent records of the locations, extent of workings and potential hazards associated with abandoned mines. The public safety can be adversely affected by future land usage where such hazards are not known or inaccurately assessed. MSHA collects the closure maps and provides those documents to the Office of Surface Mining, Reclamation & Enforcement for inclusion in a repository of abandoned mine maps. Therefore, MSHA is continuing the certification and application of 30 CFR 75.1204 to assure the required information remains available for the protection of miner’s and public safety. In addition, MSHA has added the burden hours and cost estimates for standards which address the preparation and maintenance of certified mine maps for surface and underground coal mines and the notification of MSHA prior to the opening of new coal mines or the reopening of inactive or abandoned mines. Type of Review: Extension. Agency: Mine Safety and Health Administration. Title: Preparation and Maintenance of Accurate and Up-to-date Certified Mine Maps for Surface and Underground Coal Mines; Submittal of Underground Mine Closure Maps; and Notification of MSHA Prior to Opening New Mines or the Reopening of Inactive or Abandoned Mines. OMB Number: 1219–0073. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 61845 Recordkeeping: Annual or on occasion. Affected Public: Business or other forprofit. Number of Responses: 1,586. Number of Respondents: 1,586. Total Burden Hours: 15,936. Total Burden Cost (capital/startup): None. Total Burden Cost (operating/ maintaining): $18,292,611. 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 18th day of October, 2005. David L. Meyer, Director of Administration and Management. [FR Doc. 05–21358 Filed 10–25–05; 8:45 am] BILLING CODE 4510–43–P MERIT SYSTEMS PROTECTION BOARD [MSPB Docket No. DA–1221–05–0320–W–1] Opportunity To File Amicus Briefs in William A. Wilcox v. International Boundary and Water Commission AGENCY: Merit Systems Protection Board. The Merit Systems Protection Board is providing interested parties with an opportunity to submit amicus briefs on whether the Board has jurisdiction to review an individual right of action (IRA) appeal from an employee, former employee, or applicant for employment of the International Boundary and Water Commission. ACTION: SUMMARY: Background The appellant in Wilcox v. International Boundary and Water Commission, MSPB Docket No. DA– 1221–05–0320–W–1, filed an IRA appeal alleging that the agency retaliated against him for protected disclosures he made while employed as Legal Advisor/General Counsel, GG–15, with the agency. The administrative judge dismissed the appeal for lack of jurisdiction. She found that the U.S. Section of the agency is a subdivision of an international organization and that its hiring authority derives from a 1944 Treaty, not from the provisions of U.S.C. Title 5. She found that the right to bring an IRA appeal derives from 5 U.S.C. 1221(a). She thus concluded that the appellant was not an employee entitled E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61844-61845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21358]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Preparation and Maintenance of Accurate 
and Up-to-date Certified Mine Maps for Surface and Underground Coal 
Mines; Submittal of Underground Mine Closure Maps; and Notification of 
MSHA Prior To Opening New Mines or the Reopening of Inactive or 
Abandoned Mines

ACTION: Notice.

-----------------------------------------------------------------------

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.

DATES: Submit comments on or before December 27, 2005.

ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and 
Health Administration, John Rowlett, Director, Management Services 
Division, 1100 Wilson Boulevard, Room 2134, Arlington, VA 22209-3939. 
Commenters are encouraged to send their comments on a computer disk, or 
via Internet E-mail to Rowlett.John@dol.gov, along with an original 
printed copy. Mr. Rowlett can be reached at (202) 693-9827 (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

    Title 30 CFR 75.1200, 75.1200-1, 75.1201, 75.1202, 75.1202-1, and 
75.1203 require underground coal mine operators to have in a fireproof 
repository in an area on the surface of the mine chosen by the mine 
operator to minimize the danger of destruction by fire or other 
hazards, an accurate and up-to-date map of such mine drawn on scale. 
These standards specify the information which must be shown, the range 
of acceptable scale, the surveying technique or equivalent accuracy 
required of the surveying which must be used to prepare the map, that 
the maps must be certified as accurate by a registered engineer or 
surveyor, that the maps must be kept continuously up-to-date by 
temporary notations and must be revised and supplemented to include the 
temporary notations at intervals not more than 6 months. In addition, 
the mine operator must provide the MSHA District Manager a copy of the 
certified mine map annually during the operating life of the mine. 
These maps are essential to the planning and safe operation of the 
mine. In addition, these maps provide a graphic presentation of the 
locations of working sections and the locations of fixed surface and 
underground mine facilities and equipment, escapeway routes, coal 
haulage and man and materials haulage entries and other information 
essential to mine rescue or mine fire fighting activities in the event 
of mine fire, explosion or inundations of gas or water. The information 
is essential to the safe operation of adjacent mines and mines 
approaching the worked out areas of active or abandoned mines. Section 
75.372 requires underground mine operators to submit three copies of an 
up-to-date mine map to the District Manager at intervals not exceeding 
12 months.
    Title 30 CFR 75.1204 and 75.1204-1 require that whenever an 
underground coal mine operator permanently closes or abandons a coal 
mine, or temporarily closes a coal mine for a period of 90 days, the 
operator shall file with MSHA a copy of the mine map revised and 
supplemented to the date of closure. Maps are retained in a repository 
and are made available to mine operators of adjacent properties. The 
maps are necessary to provide an accurate record of underground areas 
that have been mined to help prevent active mine operators from mining 
into abandoned areas that may contain water or harmful gases.
    Title 30 CFR 77.1200, 77.1201 and 77.1202 require surface coal mine 
operators to maintain an accurate and up-to-date map of the mine and 
specified the information to be shown on the map, the acceptable range 
of map scales, that the map be certified a registered engineer or 
surveyor, that the map be available for inspection by the Secretary or 
his authorized representative. These maps are essential for the safe 
operation of the mine and provide essential information to operators of 
adjacent surface and underground mine operators. Properly prepared 
effectively utilized surface mine maps can prevent outbursts of water 
impounded in underground mine workings and/or inundations of 
underground mines by surface impounded water or water and/or gases 
impounded in surface auger mining worked out areas.
    Title 30 75.373 and 75.1721 require that after a mine is abandoned 
or declared inactive and before it is reopened, mine operations shall 
not begin until MSHA has been notified and has completed an inspection. 
Standard 75.1721 specifies that the notification be in writing and 
lists specific information, preliminary arrangements and mine plans 
which must be submitted to the MSHA District Manager.

[[Page 61845]]

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 the Record of Mine Closure addressed 
in 30 CFR 75.1204 and 75.1204-1; the inclusion of standards requiring 
MSHA notification and inspection prior to mining when opening a new 
mine or reopening an inactive or abandoned mine addressed in 30 CFR 
75.373 and 75.1721; and, the inclusion of standards requiring 
underground and surface mine operators to prepare and maintain accurate 
and up-to-date mine maps addressed in 30 CFR 75.1200, 75.1200-1, 
75.1201, 75.1202, 75.1202-1, 75.1203, 75,372, 77.1200, 77.1201 and 
77.1202. 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 in the ADDRESES section of 
this notice, or viewed on the Internet by accessing the MSHA home page 
(https://www.msha.gov) and then choosing ``Statutory and Regulatory 
Information'' and ``Federal Register Documents.''

III. Current Actions

    Mine operators are required to conduct surveying such that mine 
maps are maintained accurate and up-to-date, the maps must be revised 
every 6 months and certified accurate by a registered engineer or 
surveyor and to submit copies of the certified underground maps to MSHA 
annually and an up-to-date and revised mine closure map whenever an 
operator permanently closes or abandons a coal mine, or temporarily 
closes a coal mine for a period of more than 90 days, he or she shall 
promptly notify the Secretary of such closure.
    In addition, mine operators must notify MSHA so that an inspection 
can be conducted whenever a new mine is opened or a previously 
abandoned or inactive mine is reopened. The information required to be 
gathered and recorded on mine maps is essential to the safe operation 
of the mine and essential to the effectiveness of mandatory inspections 
and mandated mine plan approval by MSHA. Such information cannot be 
replaced by any other source and anything less than continuously 
updated and accurate information would place miner's safety at risk.
    The information collected through the submittal of mine closure 
maps is used by operators of adjacent coal mines when approaching 
abandoned underground mines. The abandoned mine could be flooded with 
water or contain explosive amounts of methane or harmful gases. If the 
operator were to mine into such an area, unaware of the hazards, miners 
could be killed or seriously injured. In addition, it is in the public 
interest to maintain permanent records of the locations, extent of 
workings and potential hazards associated with abandoned mines. The 
public safety can be adversely affected by future land usage where such 
hazards are not known or inaccurately assessed. MSHA collects the 
closure maps and provides those documents to the Office of Surface 
Mining, Reclamation & Enforcement for inclusion in a repository of 
abandoned mine maps. Therefore, MSHA is continuing the certification 
and application of 30 CFR 75.1204 to assure the required information 
remains available for the protection of miner's and public safety. In 
addition, MSHA has added the burden hours and cost estimates for 
standards which address the preparation and maintenance of certified 
mine maps for surface and underground coal mines and the notification 
of MSHA prior to the opening of new coal mines or the reopening of 
inactive or abandoned mines.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Preparation and Maintenance of Accurate and Up-to-date 
Certified Mine Maps for Surface and Underground Coal Mines; Submittal 
of Underground Mine Closure Maps; and Notification of MSHA Prior to 
Opening New Mines or the Reopening of Inactive or Abandoned Mines.
    OMB Number: 1219-0073.
    Recordkeeping: Annual or on occasion.
    Affected Public: Business or other for-profit.
    Number of Responses: 1,586.
    Number of Respondents: 1,586.
    Total Burden Hours: 15,936.
    Total Burden Cost (capital/startup): None.
    Total Burden Cost (operating/maintaining): $18,292,611.
    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 18th day of October, 2005.
David L. Meyer,
Director of Administration and Management.
[FR Doc. 05-21358 Filed 10-25-05; 8:45 am]
BILLING CODE 4510-43-P