Notice2024-13935
Proposed Revision of a Currently Approved Information Collection; Respirator Program Records
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
June 26, 2024
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor (DOL), 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 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. The Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Respirator Program Records.
Full Text
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<title>Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)</title>
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[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53446-53448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13935]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0048]
Proposed Revision of a Currently Approved Information Collection;
Respirator Program Records
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the
[[Page 53447]]
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 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. The Mine Safety and Health Administration
(MSHA) is soliciting comments on the information collection for
Respirator Program Records.
DATES: All comments must be received by MSHA's Office of Standards,
Regulations, and Variances on or before August 26, 2024.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that late comments received after the deadline will not be
considered.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2024-0011.
<bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
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 all comments 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#b0fde3f8f19ed9ded6dfc2ddd1c4d9dfde9ed3dfdcdcd5d3c4d9dfdec3f0d4dfdc9ed7dfc6"><span class="__cf_email__" data-cfemail="91dcc2d9d0bff8fff7fee3fcf0e5f8feffbff2fefdfdf4f2e5f8feffe2d1f5fefdbff6fee7">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(h) of the Federal Mine Safety and Health Act of 1977,
as amended (the 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(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, metal and nonmetal mines.
In order to fulfill statutory mandates, MSHA requires the
collection of information associated with respirator program records.
Under the previous 30 CFR 56.5005 and 57.5005, a mine's respirator
program must be consistent with the requirements of ANSI Z88.2-1969,
published by the American National Standards Institute, entitled
``American National Standards Practices for Respiratory Protection ANSI
Z88.2-1969,'' and approved on August 11, 1969. In the currently
approved information collection, MSHA listed three types of information
collection--development of respiratory protection program, medical
evaluation/fit testing records, and emergency respirator inspection
records--and provides the estimated burden for each of the three
information collection activities.
A final rule titled ``Lowering Miners' Exposure to Respirable
Crystalline Silica and Improving Respiratory Protection'' (RIN 1219-
AB36) and issued on April 18, 2024 (89 FR 28218) made changes related
to the currently approved information collection. The final rule amends
30 CFR 56.5005 and 57.5005 to incorporate by reference ASTM F3387-19,
entitled ``Standard Practice for Respiratory Protection,'' because it
is the most recent consensus standard developed by experts in
government and professional associations on the selection, use, and
maintenance for respiratory equipment. The final rule requires that
approved respirators be selected, fitted, used, and maintained in
accordance with the provision of a written respiratory protection
program consistent with the requirements of ASTM F3387-19.
Under the revised 30 CFR 56.5005(b) and 57.5005(b), the ASTM F3387-
19 incorporated by reference mandates that metal and nonmetal (MNM)
mines where miners must wear respirators have written standard
operating procedures (SOPs) for their respiratory programs; such miners
who must wear respirators are fit-tested in a medical evaluation to the
respirators that they will use; and mines perform emergency respirator
inspections, among other safety-related activities. Emergency
respirator inspections are regular inspections of respirators reserved
for use during emergencies; the inspections are used to ensure that
respirators would properly function if needed during an emergency. In
the revised information collection, MSHA requires the collection of
four types of information in connection with respirators in MNM mines--
revised written SOPs governing the selection and use of respirators;
medical evaluation/fit testing results; emergency respirators
inspection records; and records relating to the respiratory programs,
which are all consistent with ASTM F3387-19 requirements.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Respirator Program Records. 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="https://www.regulations.gov">https://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="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street
South, 4th Floor West, Arlington, VA 22202-5452. Sign in at the
receptionist's desk on the 4th Floor via the West elevator. 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.
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 information collection request concerns provisions for
Respirator Program Records. MSHA has updated the data with respect to
the number of respondents, responses, time burden,
[[Page 53448]]
and burden costs supporting this information collection request from
the previous information collection request.
Type of Review: Revision of a currently approved information
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0048.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 2,305.
Frequency: Annual.
Number of Annual Responses: 43,795.
Annual Time Burden: 23,626 hours.
Annual Other Burden Costs $140,000.
Comments submitted in response to this notice will be summarized
and included 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 be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-13935 Filed 6-25-24; 8:45 am]
BILLING CODE 4510-43-P
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