Notice2022-10897
Extension of a Currently Approved Collection; Respirable Coal Mine Dust Sampling
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Published
May 23, 2022
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 consultation program 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 program helps to assure 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 Respirable Coal Mine Dust Sampling.
Full Text
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<title>Federal Register, Volume 87 Issue 99 (Monday, May 23, 2022)</title>
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31261-31268]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10897]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0011]
Extension of a Currently Approved Collection; Respirable Coal
Mine Dust Sampling
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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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 collections of information
in accordance with the Paperwork Reduction Act of 1995. This program
helps to assure 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 Respirable Coal
Mine Dust Sampling.
DATES: All comments must be received on or before July 22, 2022.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below.
<bullet> Federal E-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2022-0025.
<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. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
<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: S. Aromie Noe, Director, Office of
Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#6429372c254a0d0a020b160905100d0b0a4a070b08080107100d0b0a1724000b084a030b12"><span class="__cf_email__" data-cfemail="8ac7d9c2cba4e3e4ece5f8e7ebfee3e5e4a4e9e5e6e6efe9fee3e5e4f9caeee5e6a4ede5fc">[email protected]</span></a> (email); 202-693-9440 (voice); or
202-693-9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Chronic exposure to respirable coal mine dust causes various lung
diseases, including coal workers' pneumoconiosis (CWP), emphysema,
silicosis, and chronic bronchitis, that are known collectively as
``black lung.'' These diseases are debilitating and can result in
disability and premature death. While considerable progress has been
made in lowering dust levels since the 1970s and, consequently, in
lowering the prevalence rate of black lung among coal miners, severe
cases of black lung continue to be identified. Information from the
federally funded Coal Workers' Health Surveillance Programs
administered by the National Institute for Occupational Safety and
Health (NIOSH) indicates that black lung remains a key occupational
health risk among our nation's coal miners. According to NIOSH, 402 (or
2.7 percent) of the 14,775 underground coal miners who participated in
the Coal Workers Health Surveillance Program and were x-rayed between
January 2010 and December 2014 were found to have CWP (NIOSH 2019).
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 to protect the safety and health of
miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a),
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
and other mines. This Information Collection, OMB No. 1219-0011,
concerns requirements for respirable coal mine dust sampling that took
effect on February 1, 2016, and respirable dust standards that took
effect on August 1, 2016, under MSHA's final rule, Lowering Miners'
Exposure to Respirable Coal Mine Dust, Including Continuous Personal
Dust Monitors (79 FR 24814; May 1, 2014).
MSHA's standards in 30 CFR parts 70, 71, and 90 require each mine
operator of an underground coal mine, surface coal mine, or surface
work area of an underground coal mine, and each coal mine operator who
employs a part 90 miner, to protect miners from exposure to excessive
levels of respirable coal mine dust. Parts 70 and 71 require each coal
mine operator to continuously maintain the average concentration of
respirable coal mine dust in the mine atmosphere where miners normally
work or travel at or below 1.5 milligrams per cubic meter (mg/m\3\).
When the respirable dust contains more than 5 percent quartz, this
standard is reduced to an amount equivalent to 10 divided by the
percentage of quartz in the dust sample. In addition, each coal mine
operator is required to continuously maintain the average concentration
of respirable dust in intake airways at underground mines at or below
0.5 mg/m\3\.
If a part 90 miner is employed at the mine, the coal mine operator
is required to continuously maintain the average concentration of
respirable dust in the mine atmosphere during each shift to which the
part 90 miner in the active workings of the mine is exposed at or below
0.5 mg/m\3\. This standard is also reduced if more than 5 percent
quartz is found in the mine atmosphere during each shift to which the
part 90 miner is exposed.
MSHA's standards require that coal mine operators sample respirable
coal mine dust on a quarterly basis and submit these samples to MSHA
for analysis to determine if the mine is complying with the applicable
dust standards. Underground coal mine operators must sample: The
Designated Occupation (DO) and Other Designated Occupation (ODO) in
each Mechanized Mining Unit (MMU) under 30 CFR 70.208; and each
Designated Area (DA) at locations specified in the operator's approved
mine ventilation plan under 30 CFR 70.209. In addition, Designated Work
Positions (DWPs) at surface coal mines and surface work areas of
underground coal mines must be sampled under 30 CFR 71.206.
Furthermore, each part 90 miner must be sampled quarterly under 30 CFR
90.207.
The following sections provide a description of the information
collection requirements for Respirable Coal Mine Dust Sampling
conducted under 30 CFR parts 70, 71, and 90. The requirements include
general and technical requirements for sampling, sampling device
flowrate, operator transmission of respirable dust samples, quarterly
sampling, posting or providing respirable dust sampling reports and
dust data cards, status changes, respirable dust control plans, and
mine ventilation plans.
[[Page 31262]]
A. Information Collections Related to Sampling
Table 1 summarizes the information collections related to general
and technical requirements for sampling conducted under parts 70, 71,
and 90, such as the use of continuous personal dust monitors (CPDMs)
instead of coal mine dust personal sampling units (CMDPSUs), shift
length, and sampling start date and time.
Table 1--General and Technical Requirements for Sampling
----------------------------------------------------------------------------------------------------------------
30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.201(b)(2) 71.201(a)............... Use of CMDPSU or CPDM.. Samples taken quarterly using an approved
CMDPSU, unless the operator notifies the
District Manager (DM) 90 days before use that
an approved CPDM will be used.
70.201(e), 71.201(d), 90.201(f)...... Shift length........... Length of each shift recorded; retained for 6
months; made available for inspection;
submitted to the DM when requested.
70.201(f), 71.201(e), 90.201(g)...... Sampling start date and Upon request from the DM, submission of the date
time. and time of sampling start, at least 48 hours
prior to start.
71.201(f)............................ Rain restriction....... Upon written request by the operator, the DM may
waive the rain restriction.
70.201(g)............................ Run-of-mine material Recording the amount of run-of-mine material
produced. produced by each MMU during each shift to
determine the average production for the most
recent 30 production shifts; retained for 6
months; made available for inspection.
70.201(j), 90.201(j)................. Use of CPDM in When choosing not to use a CPDM in anthracite
anthracite mining. mining that uses full box, open breast, or
slant breast mining, provide written
notification to the DM.
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Use of CMDPSU or CPDM: Section 70.201(b)(2) requires that DAs
identified by the underground coal mine operator be sampled quarterly
with an approved CMDPSU unless the operator notifies the District
Manager in writing that an approved CPDM will be used for all DA
sampling at the mine. With respect to DWP sampling, section 71.201(a)
requires each mine operator of a surface coal mine and each mine
operator of an underground coal mine with surface work areas who is
sampling on the surface to sample with an approved CMDPSU. However, the
operator may use an approved CPDM if the operator notifies the District
Manager in writing that an approved CPDM will be used for all DWP
sampling at the mine. MSHA does not expect underground coal mine
operators to use the CPDM to conduct DA sampling underground or DWP
sampling on the surface area of the underground mine. Also, MSHA does
not expect surface coal mine operators to use the CPDM to conduct DWP
sampling. Thus, there are no notifications to the MSHA District Manager
and therefore no burdens to operators for sections 70.201(b)(2) and
71.201(a).
Shift length: Sections 70.201(e), 71.201(d), and 90.201(f) require
that coal mine operators make records showing the length of: Each
production shift for each MMU; each normal work shift for each DWP; and
each shift for each part 90 miner, respectively. These provisions also
require that the records be retained for at least 6 months, made
available for inspection by authorized representatives of the Secretary
and, except in the case of part 90 miners, by the miners'
representative. The records also must be submitted to the District
Manager when requested in writing.
There are no separate burdens shown for recording shift lengths for
sections 70.201(e) for underground coal mines and 90.201(f) related to
part 90 miners when sampling is conducted because records of shift
length are accounted for under sections 70.211(c) and 90.209(c) when a
CPDM Dust Data Card is printed and signed. However, burdens for
recording shift lengths when sampling is not conducted are shown under
sections 70.201(e) and 90.201(f).
For surface work areas of underground coal mines and surface coal
mines, there is no burden shown for section 71.201(d) when DWP sampling
is conducted because records of shift length are accounted for under
section 71.207(c) when a CMDPSU Dust Data Card is completed. However,
the burden for recording shift length when sampling is not conducted is
shown under section 71.201(d).
Sampling start date and time: Sections 70.201(f), 71.201(e), and
90.201(g) require that upon request from the District Manager, the
operator must submit the date and time any respirable dust sampling
required by parts 70, 71, or 90 will begin. The mine operator must
submit this information to MSHA at least 48 hours prior to scheduled
sampling.
Rain restriction: Under section 71.201(f), a mine operator may
request, in writing, that the rain restriction for a ``normal work
shift'' as defined in section 71.2 be waived by the District Manager.
Run-of-mine material produced: Section 70.201(g) requires that to
establish a normal production shift, the operator must record the
amount of run-of-mine material produced by each MMU during each shift
to determine the average production for the most recent 30 production
shifts, or for all production shifts if fewer than 30 shifts of
production data are available. It also requires that the production
records must be retained for at least 6 months and be made available
for inspection by authorized representatives of the Secretary and the
miners' representative.
Use of CPDM in anthracite mining: Sections 70.201(j) and 90.201(j)
allow the mine operator of an anthracite mine that uses the full box,
open breast, or slant breast mining method to use either a CPDM or a
CMDPSU for respirable coal mine dust sampling required under part 70 or
part 90. However, if the mine operator chooses not to use a CPDM, the
operator must notify the District Manager in writing of this decision.
To estimate the full cost impact upon coal mine operators, MSHA assumed
that these operators will use the CPDM for the required sampling.
Therefore, no burden was estimated at this time for these operators to
notify the District Manager of their choice not to use the CPDM.
Operators may reevaluate whether to use the CPDM. Therefore, future
updates to this package may result in a burden for these provisions.
B. Information Collections Related to Improper Sampling Device Flowrate
Table 2 summarizes information collections related to sampling
device flowrate requirements conducted under parts 70, 71, and 90.
[[Page 31263]]
Table 2--Sampling Device Flowrate
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30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.205(b)(2), 71.205(b)(2), Proper flowrate........ When using a CMDPSU, each sampling device must
90.205(b)(2). be examined by a person certified in sampling,
and when the proper flowrate is not maintained,
the certified person must note this on the Dust
Data Card and transmit to MSHA.
----------------------------------------------------------------------------------------------------------------
Proper flowrate: Sections 70.205(b)(2), 71.205(b)(2), and
90.205(b)(2) require that if a CMDPSU is used to sample respirable coal
mine dust, each approved sampling device must be examined each shift by
a person certified in sampling during the last hour of operation to
ensure that the sampling device is operating properly and at the proper
flowrate. If the proper flowrate is not maintained, the certified
person must note that the proper flowrate was not maintained on the
back of the Dust Data Card, and the card must accompany the sample
which must be transmitted to MSHA. Other events occurring during the
collection of respirable coal mine dust samples that may affect the
validity of the sample, such as dropping of the sampling head assembly
onto the mine floor, must also be noted on the back of the Dust Data
Card. The burdens for these requirements are included in the burdens
estimated to complete the Dust Data Cards under sections 70.210(c),
71.207(c) and 90.208(c).
C. Information Collections Related to Operator Transmission of
Respirable Dust Samples
Table 3 summarizes information collections related to transmission
of respirable coal mine dust samples by the operator under parts 70,
71, and 90, such as operator transmission of samples to MSHA,
completing the Dust Data Card, and notification of samples taken for
other purposes.
Table 3--Operator Transmission of Respirable Dust Samples
----------------------------------------------------------------------------------------------------------------
30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.210(a), 71.207(a), 90.208(a)...... Transmitting samples to When using a CMDPSU, transmit all samples
MSHA. collected within 24 hours after the sampling
shift to MSHA.
70.210(c), 71.207(c), 90.208(c)...... Completing the Dust The person certified in sampling must complete
Data Card. the Dust Data Card for each filter cassette and
must provide a signature.
70.210(d), 71.207(d), 90.208(d)...... Samples for other All operator samples must be included to fulfill
purposes. the sampling requirements, unless the sample
has been identified in writing to the DM prior
to the intended shift as a sample to be used
for another purpose.
70.210(f), 71.207(f), 90.208(f)...... CPDM data file When using a CPDM, the certified person must
information. validate, certify, and transmit to MSHA within
24 hours after the end of each shift all sample
data file information collected and stored in
the CPDM and maintained for at least 12 months.
----------------------------------------------------------------------------------------------------------------
Transmitting samples to MSHA: Sections 70.210(a), 71.207(a), and
90.208(a) require that if a CMDPSU is used to sample, the operator must
transmit within 24 hours after the end of the sampling shift all
samples collected to fulfill the requirements of parts 70, 71, or 90,
including control filters, in containers provided by the manufacturer
of the filter cassette to: Respirable Dust Processing Laboratory,
Pittsburgh Safety and Health Technology Center, Cochrans Mill Road,
Building 38, P.O. Box 18179, Pittsburgh, Pennsylvania 15236-0179, or to
any other address designated by the District Manager.
Completing the Dust Data Card: Sections 70.210(c), 71.207(c), and
90.208(c) require that a person certified in sampling properly complete
the Dust Data Card that is provided by the manufacturer for each filter
cassette. The card must have an identification number identical to that
on the cassette used to take the sample and must be submitted to MSHA
with the sample. Each card must be signed by the certified person who
performed the required examinations during the sampling shift and
include that person's MSHA Individual Identification Number (MIIN).
Respirable dust samples with Dust Data Cards not properly completed may
be voided by MSHA.
Samples for other purposes: Sections 70.210(d), 71.207(d), and
90.208(d) require all operator samples be included as samples taken to
fulfill the sampling requirements of parts 70, 71, and 90,
respectively, unless the operator identified the sample in writing to
the District Manager and prior to the intended sampling shift as a
sample to be used for another purpose.
CPDM data file information: Sections 70.210(f), 71.207(f), and
90.208(f) require that if a CPDM is used to sample, the person
certified in sampling must validate, certify, and transmit
electronically to MSHA within 24 hours after the end of each sampling
shift all sample data file information collected and stored in the
CPDM, including the sampling status conditions encountered when
sampling. All CPDM data files transmitted electronically to MSHA must
be maintained by the operator for at least 12 months.
The burdens for sections 70.210(a), (c), and (f), 71.207(a) and
(c), and 90.208(f) are included in the burdens for sections 70.210,
71.207, and 90.208, respectively. Section 71.207(f) pertains only to
using the CPDM. However, operators of surface coal mines and operators
of surface work areas of underground coal mines are only required to
use the CPDM for part 90 miner sampling, and MSHA does not expect them
to use the CPDM to conduct DWP sampling. Thus, the burden for section
71.207(f) is accounted for in the burden for section 90.208(f).
D. Information Collections Related to Quarterly Sampling
Table 4 summarizes information collections related to quarterly
sampling conducted under parts 70, 71, and 90, such as recording
corrective actions when samples exceed the excessive concentration
value (ECV) or following a citation.
[[Page 31264]]
Table 4--Quarterly Sampling
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30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.208(e)(3), 70.209(c)(3), Record of corrective When a valid sample meets or exceeds the ECV,
90.207(c)(3). actions taken when the operator must, upon implementation of
sample exceeds the ECV. corrective actions, make a record of the
actions taken. The record must be certified by
the mine official; made in a secure book;
retained for at least 1 year; and made
available for inspection (except for part 90
miners).
70.208(h)(3), 70.209(f)(3), Record of corrective Upon issuance of a citation, the operator must,
90.207(f)(3). actions taken upon implementation of corrective actions, make
following a citation. a record of the actions taken. The record must
be certified by the mine official; made in a
secure book; retained for at least 1 year; and
made available for inspection (except for part
90 miners).
70.208(i)(2), 70.209(g)(2)........... Revised dust control A citation will be terminated when the operator
parameters following a has submitted to the DM revised dust control
citation. parameters and the changes are approved by the
DM.
71.206(d)............................ Identifying specific Each operator must provide the DM with a list
work positions where identifying the specific work positions where
DWP samples will be DWP samples will be collected for: Active
collected. mines; new mines; and DWPs with a change in
operational status that increases or reduces
the number of active DWPs.
71.206(e)............................ Notifying MSHA that If a normal work shift is not achieved, the
sample was not taken respirable dust sample must be transmitted to
on a normal work shift. MSHA with a notation by the person certified in
sampling on the back of the Dust Data Card
stating that the sample was not taken on a
normal work shift.
71.206(h)(3)......................... Record of corrective When a valid sample meets or exceeds the ECV,
actions taken when the operator must, upon implementation of
sample exceeds the ECV. corrective actions, make a record of the
actions taken. The record must be certified by
the mine official; made in a secure book;
retained for at least 1 year; and made
available for inspection.
71.206(k)(3)......................... Record of corrective Upon issuance of a citation, the operator must,
actions taken upon implementation of corrective actions, make
following a citation. a record of the actions taken. The record must
be certified by the mine official; made in a
secure book; retained for at least 1 year; and
made available for inspection.
----------------------------------------------------------------------------------------------------------------
Record of corrective actions taken when sample exceeds the ECV:
Quarterly sampling requirements are in section 70.208 for MMUs, section
70.209 for DAs, and section 90.207 for part 90 miners. Sections
70.208(e)(3), 70.209(c)(3), and 90.207(c)(3) require that when a valid
representative sample meets or exceeds the ECV that corresponds to the
applicable standard and particular sampling device used for either an
MMU or DA, respectively, or that corresponds to the applicable standard
and particular sampling device used for part 90 miner sampling, the
operator must make, upon implementation of corrective actions, a record
of the actions taken. The record must be certified by the mine foreman
or equivalent mine official no later than the end of the mine foreman's
or equivalent official's next regularly scheduled working shift. The
record must be made in a secure book that is not susceptible to
alteration or electronically in a computer system so as to be secure
and not susceptible to alteration. Such records must be retained at a
surface location at the mine for at least 1 year and be made available
for inspection by authorized representatives of the Secretary and,
except for part 90 miners, the miners' representative. Also, the
records must be made available for inspection by the affected part 90
miner who was sampled.
Record of corrective actions taken following a citation: Sections
70.208(h)(3), 70.209(f)(3), and 90.207(f)(3) require that mine
operators, upon issuance of a citation for violation of the applicable
standard for either an MMU, DA, or part 90 miner, respectively, must
make, upon implementation of corrective actions, a record of the
actions taken. The record must be certified by the mine foreman or
equivalent mine official no later than the end of the mine foreman's or
equivalent official's next regularly scheduled working shift. The
record must be made in a secure book that is not susceptible to
alteration or electronically in a computer system so as to be secure
and not susceptible to alteration. Such records must be retained at a
surface location at the mine for at least 1 year and be made available
for inspection by authorized representatives of the Secretary and,
except for part 90 miners, the miners' representative. Also, the
records must be made available for inspection by the affected part 90
miner who was sampled.
Revised dust control parameters following a citation: Sections
70.208(i)(2) and 70.209(g)(2) provide that a citation for violation of
the applicable standard shall be terminated by MSHA when the operator
has submitted to the District Manager revised dust control parameters
as part of the mine ventilation plan applicable to the MMU or the DA,
respectively, in the citation and such changes have been approved by
the District Manager. The revised parameters must reflect the control
measures used by the operator to abate the violation.
Identifying specific work positions where DWP samples will be
collected: DWPs at surface coal mines and surface work areas of
underground coal mines must be sampled quarterly under section 71.206.
Under section 71.206(d), operators with multiple work positions that
are specified in section 71.206(c)(2) and (c)(3) must sample the DWP
exposed to the greatest respirable dust concentration in each work
position performing the same activity or task at the same location at
the mine and exposed to the same dust generation source. Each operator
must provide the District Manager with a list identifying the specific
work positions where DWP samples will be collected for: Active mines;
new mines; and DWPs with a change in operational status that increases
or reduces the number of active DWPs.
Notifying MSHA that sample was not taken on a normal work shift:
Section 71.206(e) requires that each DWP sample must be taken on a
normal work shift. If a normal work shift is not achieved, the
respirable dust sample must be transmitted to MSHA with a notation by
the person certified in sampling on the back of the Dust Data Card
stating that the sample was not taken on a normal work shift. Section
71.207(c) requires that a person certified in sampling properly
complete the Dust Data Card that is provided by the
[[Page 31265]]
manufacturer for each filter cassette. The card must have an
identification number identical to that on the cassette used to take
the sample and must be submitted to MSHA with the sample. Each card
must be signed by the certified person who performed the required
examinations during the sampling shift and include that person's MIIN.
A separate burden has not been included for section 71.206(e) since
MSHA assumed that any notations can be made at the same time that the
Dust Data Card is completed under section 71.207(c).
Record of corrective actions taken when sample exceeds the ECV:
Section 71.206(h)(3) requires that when a valid representative sample
taken in accordance with this section meets or exceeds the ECV that
corresponds to the applicable standard and particular sampling device
used, the operator must make, upon implementation of the corrective
actions, a record of the actions taken. The record must be certified by
the mine foreman or equivalent mine official no later than the end of
the mine foreman's or equivalent official's next regularly scheduled
working shift. The record must be made in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration. Such records must be
retained at a surface location at the mine for at least 1 year and be
made available for inspection by authorized representatives of the
Secretary and the miners' representative. There are no separate burden
estimates projected for section 71.206(h)(3). MSHA assumed that surface
samples that meet or exceed the applicable ECV will result in a
citation, and this burden appears under section 71.206(k)(3).
Record of corrective actions taken following a citation: Section
71.206(k)(3) requires that upon issuance of a citation for violation of
the applicable standard, the operator must make, upon implementation of
corrective actions, a record of the actions taken. The record must be
certified by the mine foreman or equivalent mine official no later than
the end of the mine foreman's or equivalent official's next regularly
scheduled working shift. The record must be made in a secure book that
is not susceptible to alteration or electronically in a computer system
so as to be secure and not susceptible to alteration. Such records must
be retained at a surface location at the mine for at least 1 year and
be made available for inspection by authorized representatives of the
Secretary and the miners' representative.
E. Information Collections Related to Posting or Providing Respirable
Dust Sampling Reports or Dust Data Cards
Table 5 summarizes information collections related to reporting
respirable dust samples to the operator and posting or providing
results conducted under parts 70, 71, and 90, such as posting such
reports on the mine bulletin board or providing such reports to part 90
miners.
Table 5--Posting or Providing Respirable Dust Sampling Reports and Dust Data Cards
----------------------------------------------------------------------------------------------------------------
30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.211(b), 71.208(b)................. Posting sampling report Upon receipt of the sampling report that
on the mine bulletin contains sampling results from MSHA, the
board. operator must post the data for at least 31
days on the mine bulletin board.
70.211(c), 71.208(c)................. Posting the Dust Data When using a CPDM, the person certified in
Card on the mine sampling must print, sign, and post the Dust
bulletin board. Data Card on the mine bulletin board within 12
hours after the end of each shift.
70.211(c)(5), 71.207(c).............. Shift length........... When using a CPDM, the person certified in
sampling must print, sign, and post the Dust
Data Card on the mine bulletin board within 12
hours after the end of each shift, including
shift length.
90.209(c)(5)......................... Shift length........... When using a CPDM, the person certified in
sampling must print, sign, and provide to each
part 90 miner, a paper record (Dust Data Card)
of the sample run within 1 hour after the start
of the part 90 miner's next work shift,
including shift length.
90.209(b)............................ Sampling report for Upon receipt of the sampling report from MSHA,
part 90 miners. the operator must provide a copy to the part 90
miner only.
90.209(c)............................ Dust Data Card for part When using a CPDM, the person certified in
90 miners. sampling must print, sign, and provide to each
part 90 miner, a paper record (Dust Data Card)
of the sample run within 1 hour after the start
of the part 90 miner's next work shift.
----------------------------------------------------------------------------------------------------------------
Posting sampling report on the mine bulletin board: Sections
70.211(b) and 71.208(b) require that upon receipt of the sampling
report that contains sampling results from MSHA, the operator must post
the data for at least 31 days on the mine bulletin board.
Posting the Dust Data Card on the mine bulletin board: Sections
70.211(c) and 71.208(c) require, if using a CPDM, the person certified
in sampling to print, sign, and post on the mine bulletin board a paper
record (Dust Data Card) of each sample run within 12 hours after the
end of each sampling shift. This hard-copy record must include the data
entered when the sample run was first programmed and the following: The
mine identification number; the locations within the mine or the DWP at
the mine from which the samples were taken; the concentration of
respirable dust, expressed as an equivalent concentration, reported and
stored for each sample; the sampling status conditions encountered for
each sample; and the shift length. Section 71.208(c) requires that when
CPDMs are used for DWP sampling, underground coal mine operators that
have surface work areas and surface coal mine operators print, sign,
and post a paper record (Dust Data Card) with the shift length and
other information regarding sampling for each location sampled under
Part 71. MSHA does not expect that the CPDM will be used for DWP
sampling by underground coal mine operators on the surface area of the
underground mine or by surface coal mine operators. Therefore, no
burden was estimated at this time for Section 71.208(c).
Shift length: Section 70.211(c)(5) requires that, when CPDMs are
used for sampling, underground coal mine operators print, sign, and
post a paper record (Dust Data Card) that must include sample results,
including the shift length. Under section 90.209(c)(5), when CPDMs are
used for sampling, coal mine operators must print, sign, and provide to
each part 90 miner a Dust Data Card that details the sample results,
including shift length. Under sections 70.210(c) and 71.207(c), if
using a CMDPSU, the operator must
[[Page 31266]]
complete a Dust Data Card, which includes reporting the sampling shift
start time and sampling time in minutes.
Sampling report for part 90 miners: For part 90 miners, section
90.209(b) requires that upon receipt of the sampling report from MSHA,
the operator must provide a copy to the part 90 miner only.
Dust Data Card for part 90 miners: Section 90.209(c) requires that
if using a CPDM, the person certified in sampling must print, sign, and
provide to each part 90 miner, a paper record (Dust Data Card) of the
sample run within 1 hour after the start of the part 90 miner's next
work shift. This hard copy record must include the data entered when
the sample run was first programmed and the following: The mine
identification number; the location within the mine from which the
sample was taken; the concentration of respirable dust, expressed as an
equivalent concentration reported and stored for each sample; the
sampling status conditions encountered for each sample; the shift
length; and the part 90 miner's MIIN.
F. Information Collections Related to Status Changes
Table 6 summarizes information collections related to operational
status changes conducted under parts 70, 71, and 90.
Table 6--Status Change Reports
----------------------------------------------------------------------------------------------------------------
30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.212(a), 71.209(a), 90.210......... Status changes......... For any change in operational status that
affects the respirable dust sampling
requirements, the operator must report the
change to MSHA. Status changes must be reported
in writing or electronically, within 3 working
days after the status change has occurred.
----------------------------------------------------------------------------------------------------------------
Status changes: Sections 70.212(a), 71.209(a), and 90.210 require
that if there is a change in operational status that affects the
respirable dust sampling requirements of parts 70, 71, or 90,
respectively, the operator must report the change in operational status
of the mine, MMU, DA, DWP, or part 90 miner (such as the part 90 miner
entering a terminated, injured, or ill status, or returning to work) to
the MSHA District Office or to any other MSHA office designated by the
District Manager. Status changes must be reported in writing or
electronically, within 3 working days after the status change has
occurred.
G. Information Collections Related to Respirable Dust Control Plans
Table 7 summarizes information collections related to dust control
plans under parts 71 and 90, such as submission of dust control plans
following a citation, posting the plan on the mine bulletin board, or
providing the plan to part 90 miners.
Table 7--Respirable Dust Control Plans
----------------------------------------------------------------------------------------------------------------
30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
71.300(a)............................ Dust control plan The mine operator must submit for approval a
following a citation. written respirable dust control plan applicable
to the DWP identified in the citation within 15
calendar days after the termination date of a
citation.
71.300(a)(1)......................... Notification of the The mine operator must notify the miners'
miners' representative at least 5 days prior to
representatives of submission to MSHA of a respirable dust control
dust control plan. plan and any revision to a dust control plan.
71.300(a)(3)......................... Posting the dust A copy of the proposed respirable dust control
control plan on the plan, and a copy of any proposed revision,
mine bulletin board. submitted for Agency approval must be posted on
the mine bulletin board at the time of
submittal.
90.300(a)............................ Dust control plan for If an operator abates a violation of the
part 90 miners applicable standard by reducing the respirable
following a citation. dust level in the position of the part 90
miner, the operator must submit, for the DM's
approval, a written respirable dust control
plan for the part 90 miner in the position
identified in the citation within 15 calendar
days after the citation is terminated.
71.301(d)(1)......................... Notification of miners' The approved respirable dust control plan and
representatives any revisions must be provided upon request to
following dust control the miners' representative by the operator
plan approval. following notification of approval.
71.301(d)(3)......................... Posting the dust The plan or revisions must be posted on the mine
control plan on the bulletin board within 1 working day following
mine bulletin board notification of approval and remain posted for
following approval. the period that the plan is in effect.
71.301(e)............................ Review of dust control The operator may review respirable dust control
plans and revisions. plans and submit proposed revisions to such
plans to the DM for approval.
90.301(d)............................ Dust control plan for The mine operator must provide a copy of the
part 90 miners. current respirable dust control plan to the
part 90 miner.
90.301(e)............................ Review of dust control The operator may review respirable dust control
plans and revisions plans and submit proposed revisions to such
for part 90 miners. plans to the DM for approval.
----------------------------------------------------------------------------------------------------------------
Dust control plan following a citation: Section 71.300(a) requires
that the operator submit to the District Manager for approval a written
respirable dust control plan applicable to the DWP identified in the
citation within 15 calendar days after the termination date of a
citation for violation of the applicable standard. The respirable dust
control plan and revisions must be suitable to the conditions and the
mining system of the coal mine and be adequate to continuously maintain
respirable dust within the applicable
[[Page 31267]]
standard at the DWP identified in the citation.
Notification of the miners' representatives of dust control plan:
Section 71.300(a)(1) requires that the mine operator must notify the
miners' representative at least 5 days prior to submission to MSHA of a
respirable dust control plan and any revision to a dust control plan.
If requested, the mine operator must provide a copy to the miners'
representative at the time of notification.
Posting the dust control plan on the mine bulletin board: Section
71.300(a)(3) requires that a copy of the proposed respirable dust
control plan and a copy of any proposed revision submitted for Agency
approval must be posted on the mine bulletin board at the time of
submittal. The proposed plan or proposed revision must remain posted
until it is approved, withdrawn, or denied.
Dust control plan for part 90 miners following a citation: Section
90.300(a) requires that if an operator abates a violation of the
applicable standard by reducing the respirable dust level in the
position of the part 90 miner, the operator must submit, for the
District Manager's approval, a written respirable dust control plan for
the part 90 miner in the position identified in the citation within 15
calendar days after the citation is terminated. The respirable dust
control plan and revisions thereof must be suitable to the conditions
and the mining system of the coal mine and be adequate to continuously
maintain respirable dust within the applicable standard for that part
90 miner.
Notification of miners' representative following dust control plan
approval: Under section 71.301(d)(1), the approved respirable dust
control plan and any revisions must be provided upon request to the
miners' representative by the operator following notification of
approval.
Posting the dust control plan on the mine bulletin board following
approval: Under section 71.301(d)(3), the plan or revisions must be
posted on the mine bulletin board within 1 working day following
notification of approval and remain posted for the period that the plan
is in effect.
Review of dust control plans and revisions: Under section
71.301(e), the operator may review respirable dust control plans and
submit proposed revisions to such plans to the District Manager for
approval.
Dust control plan for part 90 miners: Section 90.301(d) requires
the operator to provide a copy of the current respirable dust control
plan to the part 90 miner.
Review of dust control plans and revisions for part 90 miners:
Under section 90.301(e), the operator may review respirable dust
control plans and submit proposed revisions to such plans to the
District Manager for approval.
H. Information Collections Related to Mine Ventilation Plans
Table 8 summarizes information collections related to mine
ventilation plans under part 75, such as notifying miners'
representatives of the mine ventilation plan, posting the approved plan
on the mine bulletin board, and providing the approved plan to miners'
representatives.
Table 8--Mine Ventilation Plans
----------------------------------------------------------------------------------------------------------------
30 CFR provision Topic General description of collection requirements
----------------------------------------------------------------------------------------------------------------
75.370(a)(3)(i)...................... Notification of miners' Notify the miners' representative at least 5
representatives of days prior to submission of mine ventilation
mine ventilation plan. plan and any revision and, if requested,
provide a copy to the miners' representative at
the time of notification.
75.370(a)(3)(iii), 75.370(f)(3)...... Posting the mine Posting a copy of the proposed plan and any
ventilation plan and proposed revision, and the MSHA-approved plan
approval on the mine and any revisions, respectively, on the mine
bulletin board. bulletin board.
75.370(f)(1)......................... Providing approved plan Providing a copy of the MSHA-approved plan and
to miners' any revisions to the miners' representative, if
representatives. requested.
----------------------------------------------------------------------------------------------------------------
Notification of the miners' representative of mine ventilation
plan: Section 75.370(a)(3)(i) requires underground coal mine operators
to notify the miners' representative at least 5 days prior to
submission of the mine ventilation plan and any revision and, if
requested, provide a copy to the miners' representative at the time of
notification.
Posting the mine ventilation plan and approval on the mine bulletin
board: Sections 75.370(a)(3)(iii) and (f)(3) require the operator to
post a copy of the proposed plan and any proposed revision, and the
MSHA-approved plan and any revisions, respectively, on the mine
bulletin board.
Providing approved plan to miners' representatives: In addition,
Section 75.370(f)(1) requires the operator to provide a copy of the
MSHA-approved plan and any revisions to the miners' representative, if
requested.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Respirable Coal Mine Dust Sampling. 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.
The information collection request will be available on <a href="http://www.regulations.gov">http://www.regulations.gov</a>. MSHA cautions the commenter against providing any
information in the submission that should not be publicly disclosed.
Full comments, including personal information provided, will be made
available on <a href="http://www.regulations.gov">www.regulations.gov</a> and <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
The public may also examine publicly available documents at USDOL-
Mine Safety and Health Administration, 201 12th Street South, Suite
4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on
the 4th Floor via the East elevator. Before visiting MSHA in person,
call 202-693-9455 to make an appointment, in keeping with
[[Page 31268]]
the Department of Labor's COVID-19 policy. Special health precautions
may be required.
Questions about the information collection requirements may be
directed to the person listed in the FOR FURTHER INFORMATION section of
this notice.
III. Current Actions
This request for collection of information contains provisions for
Respirable Coal Mine Dust Sampling. MSHA has updated the data with
respect to the number of respondents, responses, burden hours, and
burden costs supporting this information collection request.
Type of Review: Extension of a currently approved collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0011.
Affected Public: Business or other for-profit.
Number of Respondents: 676.
Frequency: On occasion.
Number of Responses: 1,158,062.
Annual Burden Hours: 81,858 hours.
Annual Respondent or Recordkeeper Cost: $42,057.
MSHA Forms: Miner Operator Dust Data Card
Comments submitted in response to this notice will be summarized
and 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.
Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2022-10897 Filed 5-20-22; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on May 23, 2022.
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.