Notice2021-15459
Proposed Extension of Information Collection; Ventilation Plans, Tests, and Examinations in Underground Coal Mines
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 21, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance request for comment to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance with the Paperwork Reduction Act of 1995. This request 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 on the information collection for Ventilation Plans, Tests, and Examinations in Underground Coal Mines.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 137 (Wednesday, July 21, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Notices]
[Pages 38502-38504]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15459]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0088]
Proposed Extension of Information Collection; Ventilation Plans,
Tests, and Examinations in Underground Coal Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a pre-clearance
request for comment to provide the general public and Federal agencies
with an opportunity to comment on proposed collections of information
in accordance with the Paperwork Reduction Act of 1995. This request
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 on the information collection for Ventilation
Plans, Tests, and Examinations in Underground Coal Mines.
DATES: All comments must be received on or before September 20, 2021.
ADDRESSES: You may submit comment as follows. Please note that late,
untimely filed comments will not be considered.
Electronic Submissions: Submit electronic comments in the following
way:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments for docket number MSHA-
2021-0018. Comments submitted electronically, including attachments, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> will be posted to the docket, with no
changes. Because your comment will be made public, you are responsible
for ensuring that your comment does not include any confidential
information that you or a third party may not wish to be posted, such
as your or anyone else's Social Security number or confidential
business information.
<bullet> If your comment includes confidential information that you
do not wish to be made available to the public, submit the comment as a
written/paper submission.
Written/Paper Submissions: Submit written/paper submissions in the
following way:
<bullet> Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of
Standards, Regulations, and Variances, 201 12th Street South, Suite
4E401, Arlington, VA 22202-5452.
<bullet> MSHA will post your comment as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jessica Senk, Director, Office of
Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#6e233d262f40070008011c030f1a070100400d0102020b0d1a0701001d2e0a010240090118"><span class="__cf_email__" data-cfemail="b7fae4fff699ded9d1d8c5dad6c3ded8d999d4d8dbdbd2d4c3ded8d9c4f7d3d8db99d0d8c1">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(h) of the Federal Mine Safety and Health Act of 1977
(Mine Act), 30 U.S.C. 813(h), authorizes MSHA to collect information
necessary to carry out its duty in protecting the safety and health of
miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811,
authorizes the Secretary of Labor (Secretary) to develop, promulgate,
and revise as may be appropriate, improved mandatory health or safety
standards for the protection of life and prevention of injuries in coal
or other mines. In addition, section 303 of the Mine Act requires that
all underground coal mines be ventilated by mechanical ventilation
equipment installed and operated in a manner approved by an authorized
representative of the Secretary and that such equipment be examined
daily and a record be kept of such examination.
Underground coal mines usually present harsh and hostile working
[[Page 38503]]
environments. The ventilation system is the most vital life support
system in underground mining and a properly operating ventilation
system is essential for maintaining a safe and healthful working
environment. Lack of adequate ventilation in underground mines has
resulted in fatalities from asphyxiation and explosions.
An underground mine is a maze of tunnels that must be adequately
ventilated with fresh air to provide a safe environment for miners.
Methane is liberated from the strata, and noxious gases and dusts from
blasting and other mining activities may be present. The explosive and
noxious gases and dusts must be diluted, rendered harmless, and carried
to the surface by the ventilating currents. Sufficient air must be
provided to maintain the level of respirable dust at or below specific
exposure limits and air quality must be maintained in accordance with
MSHA standards. Mechanical ventilation equipment of sufficient capacity
must operate at all times while miners are in the mine. Ground
conditions are subject to frequent changes; thus, sufficient tests and
examinations are necessary to ensure the integrity of the ventilation
system and to detect any changes that may require adjustments in the
system. Records of tests and examinations are necessary to ensure that
the ventilation system is being maintained and that changes which could
adversely affect the integrity of the system or the safety of the
miners are not occurring. These examination, reporting, and
recordkeeping requirements of sections 75.310, 75.312, 75.342, 75.351,
75.360 through 75.364, 75.370, 75.371, and 75.382 also incorporate
examinations of other critical aspects of the underground work
environment such as roof conditions and electrical equipment which have
historically caused numerous fatalities when not properly maintained
and operated.
Section 75.362, On-shift Examinations, was revised at subsection
75.362(a)(2) and (g)(2)-(4) by MSHA's rule titled ``Lowering Miners'
Exposure to Respirable Coal Mine Dust, Including Continuous Personal
Dust Monitors,'' published May 1, 2014. This rule also revised
subsection 75.371(f) and (j).
Subsection 75.362(a)(2) requires that a person designated by the
operator conduct an examination and record the results and the
corrective actions taken to ensure compliance with the respirable dust
control parameters specified in the approved mine ventilation plan.
Under subsection 75.362(g)(2)(i), the certified person directing
the on-shift examination must certify by initials, date, and time, on a
board maintained at the section load out or similar location showing
that the examination was made prior to resuming production. No
increased burden is estimated for section 75.362(g)(2)(i) in this
Information Collection Request (ICR) because MSHA does not expect the
burden to be different from the burden in existing section
75.362(g)(2)).
Under section 75.362(g)(2)(ii), the certified person directing the
on-shift examination must verify, by initials, date, and time, the
record of the results of the examination required under section
75.362(a)(2) to ensure compliance with the respirable dust control
parameters specified in the mine ventilation plan. Further, section
75.362(g)(3) requires a mine foreman or equivalent mine official to
countersign each examination record required under section 75.362(a)(2)
after it is verified by the certified person under section
75.362(g)(2)(ii), and no later than the end of the mine foreman's or
equivalent mine official's next regularly scheduled working shift.
Section 75.362(g)(2)(ii) and (g)(3) are additional burdens that are
accounted for in this ICR and 75.362(g)(2)(ii)(4) requires that records
be retained at a surface location at the mine for at least 1 year and
must be made available for inspection by authorized representatives of
the Secretary and the representative of miners.
Paragraph (a)(2) in section 75.370, Mine ventilation plan;
submission and approval, contains the burden for underground coal mine
operators to submit mine ventilation plan revisions for District
Manager approval. Each mine ventilation plan must include information
that is specified by section 75.371, Mine ventilation plan; contents.
Section 75.371(f) adds the following information that a mine
operator must include in the mine ventilation plan: The minimum
quantity of air that will be delivered to the working section for each
mechanized mining unit (MMU), and the identification by make and model,
of each different dust suppression system used on equipment on each
working section, including: (1) The number, types, location,
orientation, operating pressure, and flow rate of operating water
sprays; (2) the maximum distance that ventilation control devices will
be installed from each working face when mining or installing roof
bolts in entries and crosscuts; (3) procedures for maintaining the roof
bolter dust collection system in approved condition; and (4)
recommended best work practices for equipment operators to minimize
dust exposure.
Section 75.371(j) adds a requirement that for machine mounted dust
collectors, the ventilation plan must include the type and size of dust
collector screens used and a description of the procedures to be
followed to properly maintain dust collectors used on the equipment.
Section 75.370(a)(2) requires all underground coal mine operators
to submit revisions for mine ventilation plans to MSHA. The burden to
submit the additional information required by section 75.371(f) and (j)
as proposed revisions to the plan is accounted for in this package
under section 75.370(a)(2). In addition, section 75.370(a)(3)(i)
requires underground coal mine operators to notify the miners'
representative at least 5 days prior to submission of mine ventilation
plan revisions and, if requested, provide a copy of the revisions to
the miners' representative at the time of notification. Section
75.370(a)(3)(iii) and (f)(3) require the operator to post a copy of the
plan revisions, and section 75.370(f)(1) requires that the operator
provide a copy of the revisions to the miners' representative, if
requested. MSHA assumes that a copy of the revisions will be requested.
The burdens for notification, providing requested copies, and posting
associated with mine ventilation plan revisions resulting from section
75.371(f) and (j) are accounted for in this package under section
75.370(a)(3)(i), (f)(1), (a)(3)(iii), and (f)(3), respectively.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Ventilation Plans, Tests, and Examinations in
Underground Coal Mines. MSHA is particularly interested in comments
that:
<bullet> Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> 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.
[[Page 38504]]
Background documents related to this information collection request
are available at <a href="https://regulations.gov">https://regulations.gov</a> and at DOL-MSHA located at 201
12th Street South, Suite 4E401, Arlington, VA 22202-5452. Questions
about the information collection requirements may be directed to the
person listed in the FOR FURTHER INFORMATION CONTACT section of this
notice.
III. Current Actions
This information collection request concerns provisions for
Ventilation Plans, Tests, and Examinations in Underground Coal Mines.
MSHA has updated the data with respect to the number of respondents,
responses, burden hours, and burden costs supporting this information
collection request from the previous information collection request.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0088.
Affected Public: Business or other for-profit.
Number of Respondents: 153.
Frequency: On occasion.
Number of Responses: 10,926.
Annual Burden Hours: 115,874 hours.
Annual Respondent or Recordkeeper Cost: $26,004.
Comments submitted in response to this notice will be summarized in
the request for Office of Management and Budget approval of the
proposed information collection request; they will become a matter of
public record and will be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Jessica Senk,
Certifying Officer.
[FR Doc. 2021-15459 Filed 7-20-21; 8:45 am]
BILLING CODE 4510-43-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 21, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.