Notice2025-09592
Proposed Extension of Information Collection: Respirable Coal Mine Dust Sampling
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
May 29, 2025
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 for all information collections, to provide the 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 titled "Respirable Coal Mine Dust Sampling".
Full Text
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<title>Federal Register, Volume 90 Issue 102 (Thursday, May 29, 2025)</title>
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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22762-22771]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09592]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0011]
Proposed Extension of Information 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 (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program for all information collections, to
provide the 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 titled ``Respirable Coal Mine Dust Sampling''.
DATES: All comments must be received on or before July 28, 2025.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that 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-2025-0026.
<bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Avenue NW, Room C3522,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9455
to make an appointment.
<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#6b2638232a4502050d0419060a1f02040545080407070e081f020405182b0f0407450c041d"><span class="__cf_email__" data-cfemail="7538263d345b1c1b131a071814011c1a1b5b161a19191016011c1a1b0635111a195b121a03">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
Section 103(h) of the Federal Mine Safety and Health Act of 1977
(Mine Act) as amended, 30 U.S.C. 813(h), authorizes the Mine Safety and
Health Administration (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.
The Paperwork Reduction Act (PRA) governs paperwork burdens imposed
by Federal agencies on the public for using identical questions to
collect information from 10 or more persons. Paperwork burden is
defined in 44 U.S.C. 3502(2) as time, effort, or financial resources
expended to generate, maintain, or provide information to or for a
Federal agency. Under 44 U.S.C. 3507, policies and procedures of
information collection are established for controlling paperwork
burdens imposed by Federal agencies on the public, including evaluating
public comments.
B. Information Collection
To fulfill the statutory mandates to promote miners' health and
safety, MSHA requires information under the information collection
request (ICR) titled ``Respirable Coal Mine Dust Sampling''. The
information collection is intended to ascertain coal mine dust levels
and to ensure coal miners are not exposed to excessive levels of
respirable coal mine dust.
Chronic excessive exposure to respirable coal mine dust causes lung
diseases including coal workers' pneumoconiosis (CWP), emphysema,
silicosis, and chronic bronchitis. These diseases, known collectively
as ``black lung,'' are debilitating and can result in severe disability
and premature death. While considerable progress has been made in
lowering dust levels over time, severe cases of black lung continue to
be identified. Information from the federally funded Coal Workers'
Health Surveillance Program administered by the National Institute for
Occupational Safety and Health (NIOSH) indicates that black lung
remains an occupational health risk among coal miners.
MSHA's standards in 30 CFR parts 70 and 71 require each operator of
[[Page 22763]]
underground and surface coal mines to protect miners from exposure to
excessive respirable coal mine dust levels for the miners' health and
safety. Under 30 CFR parts 70 and 71, coal mine operators are required
to continuously maintain the average concentration of respirable coal
mine dust in the atmosphere where miners normally work or travel at or
below 1.5 milligrams per cubic meter of air (mg/m\3\). Each coal mine
operator is also required to continuously maintain the average
concentration of respirable dust in intake airways at underground mines
at or below 0.5 mg/m\3\.
Additionally, MSHA's standards in 30 CFR part 90 require that for
coal mine employees who have exercised the option described in section
30 CFR 90.3 (hereafter referred to as part 90 miners \1\), the mine
operator must place them in a work area of the mine where the average
concentration of respirable dust in the mine atmosphere is at or below
0.5 mg/m\3\.
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\1\ Under 30 CFR 90.3(a), any miner employed at a coal mine who
has evidence of the development of pneumoconiosis, based on a chest
X-ray or other medical examinations, must be afforded the option to
work in an area of a mine where the average concentration of
respirable dust in the mine atmosphere during each shift to which
that miner is exposed is continuously maintained at or below the
applicable standard. Each of these miners must be notified in
writing of eligibility to exercise the option.
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To ensure coal mine operators comply with the applicable dust
standards specified in 30 CFR parts 70, 71, and 90, coal mine operators
are required to sample respirable coal mine dust quarterly and submit
these samples to MSHA for analysis.
Underground coal mine operators must take the following samples
quarterly with an approved Continuous Personal Dust Monitor (CPDM)
unless notified by MSHA that they may use an approved Coal Mine Dust
Personal Sampling Unit (CMDPSU) to conduct sampling:
<bullet> The Designated Occupations (DO) and Other Designated
Occupations (ODO) associated with each Mechanized Mining Unit (MMU),
and
<bullet> Each Designated Area (DA) location specified in the
operator's approved mine ventilation plan.
At surface coal mines and surface work areas of underground coal
mines, operators must take quarterly samples of the Designated Work
Positions (DWP) with an approved CMDPSU unless notified by MSHA that
they may use an approved CPDM to conduct sampling.
Furthermore, at both surface and underground coal mines each part
90 miner may only be sampled with an approved CPDM unless notified by
MSHA that they may use an approved CMDPSU.
This information collection request summarizes recordkeeping and
reporting burden, and costs associated with respirable coal mine dust
sampling, which includes six components:
1. Records Related to Sampling
This component covers the information collection costs related to
activities that mine operators are required to conduct and submit to
MSHA for sampling, but are not direct costs of sampling, and MSHA's
responses to those reports. These recordkeeping activities include mine
operators:
i. Recording lengths of shifts for each MMU, DWP, and part 90
miner;
ii. Submitting dates and times of when sampling will be conducted
for MSHA's review;
iii. Submitting samples taken for purposes other than fulfilling
the sampling requirements;
iv. Reporting changes in the status of a mine, MMU, DA, DWP, or
part 90 miner that affects sampling requirements for MSHA's review;
v. Recording production at underground coal mines to establish a
normal production shift; and
vi. Submitting work position lists that identify where DWP samples
are collected at surface coal mines and surface work areas of
underground coal mines.
2. CMDPSU Sampling
This component covers the information collection costs related to
CMDPSU sampling, including:
i. Mine operators collecting, certifying, and submitting CMDPSU
samples;
ii. MSHA processing CMDPSU samples and reporting results to mine
operators; and
iii. Mine operators posting MSHA's CMDPSU sampling results on mine
bulletin boards.
3. CPDM Sampling
This component covers the information collection costs related to
CPDM sampling, mostly at underground coal mines, including:
i. Mine operators collecting, certifying, and submitting CPDM
samples;
ii. MSHA processing CPDM samples and reporting results to mine
operators; and
iii. Mine operators posting CPDM Dust Data Cards and MSHA's
sampling results on mine bulletin boards.
4. Part 90 Miner Sampling
This component covers the information collection costs related to
part 90 miner sampling, including:
i. Mine operators collecting, certifying, and submitting samples
from part 90 miners;
ii. MSHA processing samples from part 90 miners and reporting
results to part 90 miners; and
iii. Mine operators providing part 90 miners with Dust Data Cards
and MSHA's sampling results.
5. Recording and Certifying Corrective Actions
This component covers the information collection costs related to
corrective actions taken after a sample meets or exceeds the Excessive
Concentration Value (ECV), or after the issuance of a citation for
violation, including:
i. Recording and certifying corrective actions taken after a valid
sample meets or exceeds the ECV; and
ii. Recording and certifying corrective actions taken after a
citation for violation is issued.
6. Abatement Activities after Corrective Actions
This component covers the information collection costs related to
all abatement activities after corrective actions are taken, including:
i. Mine operators collecting, certifying, and submitting abatement
samples;
ii. MSHA processing abatement samples and reporting results to mine
operators or part 90 miners;
iii. Mine operators posting Dust Data Cards and MSHA's abatement
sampling results, and providing copies to part 90 miners;
iv. Mine operators submitting new or revised mine ventilation plans
or dust control plans for MSHA's review;
v. Mine operators notifying miners' representatives of new or
revised mine ventilation plans or dust control plans and providing
copies to miner's representatives and part 90 miners; and
vi. Mine operators posting new or revised mine ventilation plans or
dust control plans.
Authorization and the associated rule text as well as detailed
requirements associated with respirable coal mine dust sampling are
described below.
1. Records Related to Sampling
i. Recording Lengths of Shifts
Underground Coal Mines
Under 30 CFR 70.201(e), records showing the length of each
production shift for each MMU must be made and
[[Page 22764]]
retained for at least 6 months and must be made available for
inspection by authorized representatives of the Secretary, the
representative of miners, and submitted to the District Manager when
requested in writing.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.201(d), records showing the length of each normal
work shift for each DWP must be made and retained for at least 6 months
and must be made available for inspection by authorized representatives
of the Secretary, the representative of miners, and submitted to the
District Manager when requested in writing.
Part 90 Miners
Under 30 CFR 90.201(f), records showing the length of each shift
for each part 90 miner must be made and retained for at least 6 months
and must be made available for inspection by authorized representatives
of the Secretary and submitted to the District Manager when requested
in writing.
ii. Submitting Sampling Dates and Times
Underground Coal Mines
Under 30 CFR 70.201(f), upon request from the District Manager, the
operator must submit the date and time any respirable dust sampling
will begin. This information must be submitted at least 48 hours prior
to the scheduled sampling.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.201(e), upon request from the District Manager, the
operator must submit the date and time any respirable dust sampling
will begin. This information must be submitted at least 48 hours prior
to scheduled sampling.
Under 30 CFR 71.201(f), upon written request by the operator, the
District Manager may waive the rain restriction for a normal work shift
as defined in 30 CFR 71.2 for a period not to exceed 2 months, if the
District Manager determines that: The operator will not have reasonable
opportunity to complete the respirable dust sampling without the waiver
because of the frequency of rain, and the operator did not have
reasonable opportunity to complete the required respirable dust
sampling prior to requesting the waiver.
Part 90 Miners
Under 30 CFR 90.201(g), upon request from the District Manager, the
operator must submit the date and time any required respirable dust
sampling will begin. This information must be submitted at least 48
hours prior to scheduled sampling.
iii. Submitting Samples Taken for Purposes Other Than Fulfilling the
Sampling Requirements
Underground Coal Mines
Under 30 CFR 70.210(d), all respirable dust samples collected by
the operator will be considered taken to fulfill the sampling
requirements of parts 70, 71, or 90, unless the sample has been
identified in writing by the operator to the District Manager, prior to
the intended sampling shift, as a sample to be used for purposes other
than required by 30 CFR parts 70, 71, or 90.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.207(d), all respirable dust samples collected by
the operator will be considered taken to fulfill the sampling
requirements of parts 70, 71, or 90, unless the sample has been
identified in writing by the operator to the District Manager, prior to
the intended sampling shift, as a sample to be used for purposes other
than required by 30 CFR parts 70, 71, or 90.
Part 90 Miners
Under 30 CFR 90.208(d), all respirable dust samples collected by
the operator will be considered taken to fulfill the sampling
requirements of parts 70, 71, or 90, unless the sample has been
identified in writing by the operator to the District Manager, prior to
the intended sampling shift, as a sample to be used for purposes other
than required by 30 CFR parts 70, 71, or 90.
iv. Reporting Status Changes
Underground Coal Mines
Under 30 CFR 70.212(a), if there is a change in operational status
that affects the respirable dust sampling requirements, the operator
must report the change in operational status of the mine, MMU, or DA 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. Operational status is classified as producing, nonproducing,
and abandoned.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.209(a), if there is a change in operational status
that affects the respirable dust sampling requirements, the operator
must report the change in operational status of the mine or DWP 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. Operational status is classified as producing, nonproducing,
and abandoned.
Part 90 Miners
Under 30 CFR 90.210, if there is a change in the status of a part
90 miner (such as entering a terminated, injured, or ill status, or
returning to work), the operator must report the change in the status
of the part 90 miner to the MSHA District Office or to any other MSHA
office designated by the District Manager. Status changes must be
reported in writing or by electronic means within 3 working days after
the status change has occurred.
v. Recording Production at Underground Coal Mines
Underground Coal Mines
Under 30 CFR 70.201(g), 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. Production records
must be retained for at least 6 months and must be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
vi. Submitting Work Position Lists of DWP Samples at Surface Coal Mines
and Surface Work Areas of Underground Coal Mine
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.206(d), operators with multiple specified work
positions 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. Specified work positions include bulldozer operators
(MSHA occupation code 368) and other work positions designated by the
District Manager for sampling where a concentration of respirable dust
exceeding 50 percent of the standard in effect at the time the sample
is taken, or a concentration of respirable dust exceeding 50 percent of
the standard has been measured by one or more MSHA valid representative
samples. Each operator must provide the District
[[Page 22765]]
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.
Under 30 CFR 71.206(m), The District Manager may designate
additional work positions for sampling where a concentration of
respirable dust exceeding 50 percent of the standard in effect at the
time the sample is taken, or a concentration of respirable dust
exceeding 50 percent of the standard has been measured by one or more
MSHA valid representative samples.
2. CMDPSU Sampling
i. Collecting, Certifying, and Submitting CMDPSU Samples
After conducting quarterly sampling and notating irregular flowrate
or other events, all mine operators using CMDPSUs must certify and
submit these samples to MSHA.
Underground Coal Mines
Under 30 CFR 70.201(b)(2), DAs identified by the operator under
section 75.371(t) must be sampled quarterly with an approved CMDPSU,
unless the operator notifies the District Manager in writing that only
an approved CPDM will be used for all DA sampling at the mine. The
notification must be received at least 90 days before the beginning of
the quarter in which CPDMs will be used to collect the DA samples.
Under 30 CFR 70.209(a), if using a CMDPSU, the operator must sample
quarterly each DA on consecutive production shifts until five valid
representative samples are taken.
Under 30 CFR 70.205(b)(2), if using a CMDPSU, each approved
sampling device must be examined each shift by a person certified in
sampling during the last hour of operation to assure that the sampling
device is operating properly and at the proper flowrate. If the proper
flow rate is not maintained, the respirable dust sample must be
transmitted to MSHA with a notation by the certified person on the back
of the dust data card stating that the proper flowrate was not
maintained. Other events occurring during the collection of respirable
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.
Under 30 CFR 70.210(c), a person certified in sampling must
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 be submitted to MSHA with the sample. Each card must be
signed by the certified person who actually performed the required
examinations during the sampling shift and must include that person's
MSHA Individual Identification Number (MIIN). Respirable dust samples
with data cards not properly completed may be voided by MSHA.
Under 30 CFR 70.210(a), if using a CMDPSU the operator must
transmit within 24 hours after the end of the sampling shift all
samples collected for compliance, including control filters, in
containers provided by the manufacturer of the filter cassette to MSHA,
or to any other address designated by the District Manager.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.201(a), each operator must take representative
samples of the concentration of respirable dust in the active workings
of the mine only with an approved CMDPSU. The operator may use an
approved CPDM if the operator notifies the District Manager in writing
that only an approved CPDM will be used for all DWP sampling at the
mine. The notification must be received at least 90 days before the
beginning of the quarter in which CPDMs will be used to collect the DWP
samples.
Under 30 CFR 71.206(a), if using a CMDPSU, each operator must take
one valid representative sample from the DWP during each quarterly
period.
Under 30 CFR 71.205(b)(2), if using a CMDPSU, each sampling device
must be examined each shift by a person certified in sampling during
the last hour of operation to assure that it is operating properly and
at the proper flowrate. If the proper flowrate is not maintained, the
respirable dust sample must be transmitted to MSHA with a notation by
the certified person on the back of the dust data card stating that the
proper flowrate was not maintained. Other events occurring during the
collection of respirable 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.
Under 30 CFR 71.206(e), 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. When a normal work
shift is not achieved, the sample for that shift may be voided by MSHA.
However, any sample, regardless of whether a normal work shift was
achieved, that exceeds the applicable standard by at least 0.1 mg/m\3\
must be used in the determination of the equivalent concentration for
that occupation.
Under 30 CFR 71.207(c), a person certified in sampling must
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 be submitted to MSHA with the sample. Each card must be
signed by the certified person who actually performed the required
examinations during the sampling shift and must include that person's
MIIN. Respirable dust samples with data cards not properly completed
may be voided by MSHA.
Under 30 CFR 71.207(a), if using a CMDPSU, the operator must
transmit within 24 hours after the end of the sampling shift all
required samples, including control filters, in containers provided by
the manufacturer of the filter cassette to MSHA.
ii. MSHA Processing CMDPSU Samples and Reporting Results to Mine
Operators
Underground Coal Mines
Under 30 CFR 70.211(a), MSHA will provide the operator a report on
respirable dust samples submitted. The report will include the
concentration of respirable dust, the average equivalent concentration
of respirable dust for all valid samples, the occupation code (where
applicable), and the reason for voiding any sample.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.208(a), MSHA will provide the operator a report on
respirable dust samples submitted. The report will include the
concentration of respirable dust, the average equivalent concentration
of respirable dust for all valid samples, the occupation code, and the
reason for voiding any sample.
iii. Posting MSHA's CMDPSU Sampling Results
Underground Coal Mines
Under 30 CFR 70.211(b), upon receipt, the operator must post MSHA's
report with data on respirable dust samples submitted or transmitted
electronically if using a CPDM for at least 31 days on the mine
bulletin board.
[[Page 22766]]
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.208(b), upon receipt, the operator must post MSHA's
report with data on respirable dust samples submitted or transmitted
electronically if using a CPDM for at least 31 days on the mine
bulletin board.
3. CPDM Sampling
i. Collecting, Certifying, and Submitting CPDM Samples
After conducting quarterly sampling and notating irregular flowrate
or other events, mine operators must certify and submit CPDM samples to
MSHA.
Underground Coal Mines
Under 30 CFR 70.201(a), DOs in each MMU must be sampled quarterly
with an approved CPDM and an approved CMDPSU cannot be used, unless
notified by the Secretary to continue to use an approved CMDPSU to
conduct quarterly sampling.
Under 30 CFR 70.201(b)(1), DAs associated with an MMU must be
redesignated as ODO. ODOs must be sampled quarterly with an approved
CPDM and an approved CMDPSU must not be used, unless notified by the
Secretary to continue to use an approved CMDPSU to conduct quarterly
sampling.
Under 70.208(a), the operator must sample each calendar quarter:
the DO in each MMU and each ODO in each MMU on consecutive normal
production shifts until 15 valid representative samples are taken.
Under 30 CFR 70.210(c), a person certified in sampling must
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 be submitted to MSHA with the sample. Each card must be
signed by the certified person who actually performed the required
examinations during the sampling shift and must include that person's
MIIN. Respirable dust samples with data cards not properly completed
may be voided by MSHA.
Under 30 CFR 70.210(f)(1), if using a CPDM, 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. Under 30 CFR
70.210(f)(2), the person certified in sampling must not tamper with the
CPDM or its components in any way before, during, or after it is used
to sample for compliance or alter any sample data files. All CPDM data
files transmitted electronically to MSHA must be maintained by the
operator for at least 12 months.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.201(a), each operator must take representative
samples of the concentration of respirable dust in the active workings
of the mine only with an approved CMDPSU. The operator may use an
approved CPDM if the operator notifies the District Manager in writing
that only an approved CPDM will be used for all DWP sampling at the
mine. The notification must be received at least 90 days before the
beginning of the quarter in which CPDMs will be used to collect the DWP
samples.
Under 30 CFR 71.207(c), a person certified in sampling must
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 be submitted to MSHA with the sample. Each card must be
signed by the certified person who actually performed the required
examinations during the sampling shift and must include that person's
MSHA MIIN. Respirable dust samples with data cards not properly
completed may be voided by MSHA.
Under 30 CFR 71.207(f), if using a CPDM, the person certified in
sampling must (1) 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 each DWP; and (2)
not tamper with the CPDM or its components in any way before, during,
or after it is used to sample for compliance, or alter any sample data
files. All CPDM data files transmitted electronically to MSHA must be
maintained by the operator for at least 12 months.
ii. MSHA Processing CPDM Samples and Reporting Results to Mine
Operators
Underground Coal Mines
Under 30 CFR 70.211(a), MSHA will provide the operator a report on
respirable dust samples submitted physically or transmitted
electronically if using a CPDM. The report will include the
concentration of respirable dust, the average equivalent concentration
of respirable dust for all valid samples, the occupation code (where
applicable), and the reason for voiding any sample.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.208(a), MSHA will provide the operator a report on
respirable dust samples submitted physically or transmitted
electronically if using a CPDM. The report will include the
concentration of respirable dust, the average equivalent concentration
of respirable dust for all valid samples, the occupation code, and the
reason for voiding any sample.
iii. Posting CPDM Dust Data Cards and MSHA's Sampling Results
Underground Coal Mines
Under 30 CFR 70.211(b), upon receipt of a MSHA's report, the
operator must post the report with data on respirable dust samples
submitted physically or transmitted electronically if using a CPDM for
at least 31 days on the mine bulletin board.
Under 30 CFR 70.211(c), if using a CPDM, the person certified in
sampling must, within 12 hours after the end of each sampling shift,
print, sign, and post on the mine bulletin board a paper record (Dust
Data Card) of the sample run. This hard-copy record must include the
data entered when the sample run was first programmed and key
information such as the concentration of respirable dust and the shift
length.
Under 30 CFR 70.211(d), the information must remain posted until
the receipt of the MSHA report covering the respirable dust samples.
Under 30 CFR 70.201(j), anthracite mines using the full box, open
breast, or slant breast mining method may use either a CPDM or a
CPMDPSU to conduct the required sampling. The mine operator must notify
the District Manager in writing of its decision to not use a CPDM.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.208(b), upon receipt of a MSHA's report, the
operator must post the report with data on respirable dust samples
submitted physically or transmitted electronically if using a CPDM for
at least 31 days on the mine bulletin board.
Under 30 CFR 71.208(c), if using a CPDM, the person certified in
sampling must, within 12 hours after the end of each sampling shift,
print, sign, and post on the mine bulletin board a paper record (Dust
Data Card) of each sample run. This hard-copy record must include the
data entered when the
[[Page 22767]]
sample run was first programmed and key information such as the
concentration of respirable dust and the shift length.
Under 30 CFR 71.208(d), the information must remain posted until
the receipt of the MSHA report covering the respirable dust samples.
4. Part 90 Miner CPDM Sampling
i. Collecting, Certifying, and Submitting Samples From Part 90 Miners
Under 30 CFR 90.201(a), part 90 miners must be sampled only with an
approved CPDM, and an approved CMDPSU cannot be used unless notified by
the Secretary to continue to use an approved CMDPSU to conduct
quarterly sampling.
Under 30 CFR 90.207(a), each operator must take five valid
representative samples every calendar quarter from the environment of
each part 90 miner while performing normal work duties. Part 90 miner
samples must be collected on consecutive workdays.
Under 30 CFR 90.205(b)(2), if using a CMDPSU, each approved
sampling device must be examined each shift, by a person certified in
sampling during the last hour of operation to assure that the sampling
device is operating properly and at the proper flowrate. If the proper
flowrate is not maintained, the respirable dust sample must be
transmitted to MSHA with a notation by the certified person on the back
of the dust data card stating that the proper flowrate was not
maintained. Other events that occurred during the collection of
respirable dust samples that may affect the validity of the sample,
such as dropping of the sampling head assembly onto the mine floor,
must be noted on the back of the dust data card.
Under 30 CFR 90.208(c), a person certified in sampling must
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 be submitted to MSHA with the sample. Each card must be
signed by the certified person who actually performed the required
examinations during the sampling shift and must include that person's
MIIN. Respirable dust samples with data cards not properly completed
may be voided by MSHA.
Under 30 CFR 90.208(a), if using a CMDPSU, the operator must
transmit within 24 hours after the end of the sampling shift all
samples collected for compliance, including control filters, in
containers provided by the manufacturer of the filter cassette, to MSHA
or to any other address designated by the District Manager.
Under 30 CFR 90.208(f), if using a CPDM, 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 each part 90
miner. The person certified in sampling must not tamper with the CPDM
or its components in any way before, during, or after it is used to
fulfill the requirements, or alter any data files. All CPDM data files
transmitted electronically to MSHA must be maintained by the operator
for at least 12 months.
Under 30 CFR 90.201(j), anthracite mines using the full box, open
breast, or slant breast mining method may use either a CPDM or a CMDPSU
to conduct the required sampling. The mine operator must notify the
District Manager in writing of its decision to not use a CPDM.
ii. MSHA Processing Samples From Part 90 Miners and Reporting Results
to Part 90 Miners
Under 30 CFR 90.209(a), MSHA will provide the operator a report on
respirable dust samples submitted physically or transmitted
electronically, if using a CPDM, to the part 90 miner.
iii. Providing Part 90 Miners With Dust Data Cards and MSHA's Sampling
Results
Under 30 CFR 90.209(b), upon receipt of MSHA's report on respirable
dust samples, the operator must provide a copy of the report to the
part 90 miner. The operator must not post the original or a copy of
this report on the mine bulletin board.
Under 30 CFR 90.209(c), 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 one 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 key information such as the concentration of respirable dust, the
shift length, and the part 90 miner's MIIN.
Under 30 CFR 90.209(d), the operator must not post data on
respirable dust samples for part 90 miners on the mine bulletin board.
5. Recording and Certifying Corrective Actions
i. Recording and Certifying Corrective Actions After a Valid Sample
Meets or Exceeds the ECV
Underground Coal Mines
Under 30 CFR 70.208(e)(2), when a valid representative sample meets
or exceeds the ECV in Table 70-1 (Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements)
that corresponds to the applicable standard and particular sampling
device used, the operator must immediately take corrective action to
lower the concentration of respirable dust to at or below the
applicable dust standard.
Under 30 CFR 70.208(e)(3), the operator must make a record of the
corrective action taken. The record must be certified by the mine
foreman or equivalent mine official, no later than the end of the mine
foreman or equivalent official's next regularly scheduled working
shift. The record must be made in a secure book or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
Under 30 CFR 70.209(c)(2), when a valid representative sample meets
or exceeds the ECV in Table 70-1 that corresponds to the applicable
standard and particular sampling device used, the operator must
immediately take corrective action to lower the concentration of
respirable dust to at or below the applicable respirable dust standard.
Under 30 CFR 70.209(c)(3), the operator must make a record of the
corrective action taken. The record must be certified by the mine
foreman or equivalent mine official, no later than the end of the mine
foreman or equivalent official's next regularly scheduled working
shift. The record must be made in a secure book or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
[[Page 22768]]
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.206(h)(2), when a valid representative sample meets
or exceeds the ECV in Table 71-1 (Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements)
that corresponds to the applicable standard and particular sampling
device used, the operator must immediately take corrective action to
lower the concentration of respirable coal mine dust to at or below the
applicable standard.
Under 30 CFR 71.206(h)(3), the operator must make a record of the
corrective 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 or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
Part 90 Miners
Under 30 CFR 90.207(c)(2), when a valid representative sample meets
or exceeds the ECV in Table 90-1 (Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements)
that corresponds to the applicable standard and particular sampling
device used, the operator must immediately take corrective action to
lower the concentration of respirable coal mine dust to at or below the
applicable standard.
Under 30 CFR 90.207(c)(3), the operator must make a record of the
corrective actions taken. The record must be certified by the mine
foreman or equivalent mine official, no later than the end of the mine
foreman or equivalent official's next regularly scheduled working
shift. The record must be made in a secure book or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the part 90 miner.
ii. Recording and Certifying Corrective Actions After a Citation for
Violation Is Issued
Underground Coal Mines
Under 30 CFR 70.208(h)(2), upon the issuance of a citation for
violation of the applicable standard for MMUs, the operator must
immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard.
Under 30 CFR 70.208(h)(3), the operator must make a record of the
corrective action 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 or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
Under 30 CFR 70.209(f)(2), upon issuance of a citation for a
violation of the applicable standards for DAs, the operator must
immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard.
Under 30 CFR 70.209(f)(3), the operator must make a record of the
corrective actions taken. The record must be certified by the mine
foreman or equivalent mine official, no later than the end of the mine
foreman or equivalent official's next regularly scheduled working
shift. The record must be made in a secure book or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.206(k)(2), upon issuance of a citation for
violation of the applicable standard for DWPs, the operator must
immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard.
Under 30 CFR 71.206(k)(3), the operator must make a record of the
corrective actions taken. The record must be certified by the mine
foreman or equivalent mine official, no later than the end of the mine
foreman or equivalent official's next regularly scheduled working
shift. The record must be made in a secure book or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
Part 90 Miners
Under 30 CFR 90.207(f)(2), upon issuance of a citation for a
violation of the applicable standard for part 90 miners, the operator
must immediately take corrective action to lower the concentration of
respirable dust to at or below the applicable standard.
Under 30 CFR 90.207(f)(3), the operator must make a record of the
corrective actions taken. The record must be certified by the mine
foreman or equivalent mine official, no later than the end of the mine
foreman or equivalent official's next regularly scheduled working
shift. The record must be made in a secure book or electronically in a
computer system, both of which must 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 must be made available for inspection by
authorized representatives of the Secretary and the part 90 miner.
6. Abatement Activities After Corrective Actions
i. Collecting, Certifying, and Submitting Abatement Samples
Underground Coal Mines
Under 30 CFR 70.208(h)(4), after the issuance of a citation for
violation of the applicable standard for MMUs and taking correct
actions, the operator must begin sampling, within 8 calendar days after
the date the citation is issued, the environment of the affected
occupation in the MMU on consecutive normal production shifts until
five valid representative samples are taken.
Under 30 CFR 70.208(i)(1), a citation for violation of the
applicable standard will be terminated by MSHA when each of the five
valid representative samples is at or below the applicable standard,
and the operator has submitted a revised mine ventilation plan approved
by MSHA.
[[Page 22769]]
Under 30 CFR 70.209(f)(4), after the issuance of a citation for
violation of the applicable standard for DAs and taking correct
actions, the operator must begin sampling, within 8 calendar days after
the date the citation is issued, the environment of the affected DA on
consecutive normal production shifts until five valid representative
samples are taken.
Under 30 CFR 70.209(g)(1), a citation for violation of the
applicable standard will be terminated by MSHA when each of the five
valid representative samples is at or below the applicable standard,
and the operator has submitted a revised mine ventilation plan approved
by MSHA.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.206(k)(4), after the issuance of a citation for
violation of the standard for DWPs and taking corrective actions, the
operator must begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected DWP on consecutive
normal work shifts until five valid representative samples are taken.
Under 30 CFR 71.206(l), a citation for violation of the applicable
standard will be terminated by MSHA when the equivalent concentration
of each of the five valid representative samples is at or below the
standard.
Under 30 CFR 71.206(g), upon notification from MSHA that any valid
representative sample taken from a DWP exceeds the applicable standard,
the operator must, within 15 calendar days of notification, sample that
DWP each normal work shift until five valid representative samples are
taken. The operator must begin sampling on the first normal work shift
following receipt of notification.
Part 90 Miners
Under 30 CFR 90.207(f)(2)(i), if the corrective action involves
reducing the respirable dust levels in the work position of the part 90
miner identified in the citation, the operator must implement the
proposed corrective actions and begin sampling the affected miner
within 8 calendar days after the date the citation is issued, until
five valid representative samples are taken.
Under 30 CFR 90.207(g), a citation for a violation of the
applicable standard must be terminated by MSHA when the equivalent
concentration of each of the five valid representative samples is at or
below the applicable standard.
ii. MSHA Processing Abatement Samples and Reporting Results to Mine
Operators or Part 90 Miners
Under 30 CFR 70.211(a), MSHA will provide the operator a report on
respirable dust samples taken from underground locations in coal mines
and submitted. The report includes the concentration of respirable
dust, the average equivalent concentration of respirable dust for all
valid samples, the occupation code (where applicable), and the reason
for voiding any sample.
Under 30 CFR 71.208(a), MSHA will provide the operator a report on
respirable dust samples taken from surface locations in coal mines and
submitted. The report includes the concentration of respirable dust,
the average equivalent concentration of respirable dust for all valid
samples, the occupation code (where applicable), and the reason for
voiding any sample.
Under 30 CFR 90.209(a), MSHA will provide the operator a report on
respirable dust samples taken from part 90 miners and submitted or
transmitted electronically, if using a CPDM.
iii. Posting Dust Data Cards and MSHA's Abatement Sampling Results and
Providing Copies to Part 90 Miners
Underground Coal Mines
Under 30 CFR 70.211(b), upon receipt of MSHA's report, the operator
must post the report with data on respirable dust samples submitted
physically or transmitted electronically if using a CPDM for at least
31 days on the mine bulletin board.
Under 30 CFR 70.211(c), if using a CPDM, the person certified in
sampling must, within 12 hours after the end of each sampling shift,
print, sign, and post on the mine bulletin board a paper record (Dust
Data Card) of the sample run. This hard-copy record must include the
data entered when the sample run was first programmed and key
information such as the concentration of respirable dust and the shift
length.
Under 30 CFR 70.211(d), the information must remain posted until
the receipt of the MSHA report covering these respirable dust samples.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.208(b), upon receipt of MSHA's report, the operator
must post the report with data on respirable dust samples submitted
physically or transmitted electronically if using a CPDM for at least
31 days on the mine bulletin board.
Under 30 CFR 71.208(c), if using a CPDM, the person certified in
sampling must, within 12 hours after the end of each sampling shift,
print, sign, and post on the mine bulletin board a paper record (Dust
Data Card) of each sample run. This hard-copy record must include the
data entered when the sample run was first programmed and key
information such as the concentration of respirable dust and the shift
length.
Under 30 CFR 71.208(d), the information must remain posted until
the receipt of the MSHA report covering these respirable dust samples.
Part 90 Miners
Under 30 CFR 90.209(b), upon receipt of MSHA's report on respirable
dust samples, the operator must provide a copy of the report to the
part 90 miner. The operator must not post the original or a copy of
this report on the mine bulletin board.
Under 30 CFR 90.209(c), 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 one 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 key information such as the concentration of respirable dust, the
shift length, and the part 90 miner's MIIN.
Under 30 CFR 90.209(d), the operator must not post data on
respirable dust samples for part 90 miners on the mine bulletin board.
iv. Submitting New or Revised Mine Ventilation Plans or Dust Control
Plans for MSHA Review
Underground Coal Mines
Under 30 CFR 70.208(i)(2), in order to terminate a citation for
violation of the applicable standard for MMUs by MSHA, the operator
must submit to the District Manager revised dust control parameters as
part of the mine ventilation plan applicable to the MMU in the citation
and the changes have been approved by the District Manager. The revised
parameters must reflect the control measures used by the operator to
abate the violation.
Under 30 CFR 70.209(g)(2), in order to terminate a citation for
violation of the applicable standard for DAs by MSHA, the operator must
submit to the District Manager revised dust control parameters as part
of the mine ventilation plan applicable to the DA in the citation, and
the changes have been approved by the District Manager. The revised
parameters must reflect the control measures used by the operator to
abate the violation.
[[Page 22770]]
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.300(a), within 15 calendar days after the
termination date of a citation for violation of the applicable standard
for DWPs, the operator must submit to the District Manager for approval
a written respirable dust control plan applicable to the DWP identified
in the citation. The respirable dust control plan and its revisions
must be suitable to the conditions and the mining system of the coal
mine and must be adequate to continuously maintain respirable dust to
at or below the applicable standard at the DWP identified in the
citation.
Part 90 Miners
Under 30 CFR 90.300(a), 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 to the District
Manager for 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 its revisions must be suitable to the conditions and
the mining system of the coal mine and must be adequate to continuously
maintain respirable dust to at or below the applicable standard for
that part 90 miner.
v. Notifying Miners' Representatives of New or Revised Mine Ventilation
Plans or Dust Control Plans and Providing Copies
Underground Coal Mines
Under 30 CFR 75.370(a)(3)(i), the mine operator must notify the
representative of miners at least 5 days prior to the submission to
MSHA of a mine ventilation plan and any revision to a mine ventilation
plan. If requested, the mine operator must provide a copy to the
representative of miners at the time of notification. In the event of a
situation requiring immediate action on a revision of the mine
ventilation plan, notification of the revision must be given, and if
requested, a copy of the revision must be provided, to the
representative of miners by the operator at the time of submittal.
Under 30 CFR 75.370(a)(3)(ii), a copy of the proposed ventilation
plan, and a copy of any proposed revision, submitted to MSHA for
approval must be made available for inspection by the representative of
miners.
Under 30 CFR 75.370(f)(1), the approved ventilation plans and any
revisions must be provided upon request to the representative of miners
by the operator following notification of approval from MSHA.
Under 30 CFR 75.370(f)(2), the approved ventilation plans and any
revisions must be made available for inspection by the representative
of miners.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.300(a)(1), the mine operator must notify the
representative of miners 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
representative of miners at the time of notification.
Under 30 CFR 71.300(a)(2), a copy of the proposed respirable dust
control plan, and a copy of any proposed revision, submitted to MSHA
for approval must be made available for inspection by the
representative of miners.
Under 30 CFR 71.301(d)(1), the approved respirable dust control
plan and any revisions must be provided upon request to the
representative of miners by the operator following notification of
approval from MSHA.
Under 30 CFR 71.301(d)(2), the approved respirable dust control
plan and any revisions must be made available for inspection by the
representative of miners.
Part 90 Miners
Under 30 CFR 90.301(d), the operator must provide a copy of the
current respirable dust control plan to the part 90 miner. The operator
must not post the original or a copy of the plan on the mine bulletin
board.
vi. Posting New or Revised Mine Ventilation Plans or Dust Control Plans
Underground Coal Mines
Under 30 CFR 75.370(a)(3)(iii), a copy of the proposed ventilation
plan, and a copy of any proposed revision, submitted to MSHA for
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.
Under 30 CFR 75.370(f)(3), the approved ventilation plan and any
revisions must be posted on the mine bulletin board within 1 working
day following notification of approval from MSHA. The approved plan and
revisions must remain posted on the bulletin board for the period that
they are in effect.
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.300(a)(3), a copy of the proposed respirable dust
control plan, and a copy of any proposed revision, submitted to MSHA
for 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.
Under 30 CFR 71.301(d)(3), the approved respirable dust control
plan and any revisions must be posted on the mine bulletin board within
1 working day following notification of approval from MSHA and must
remain posted for the period that the plan is in effect.
vii. MSHA Providing Mine Operators With Copies of Comments on Plans
Under 30 CFR 71.300(a)(4), following receipt of the proposed
respirable dust control plan or proposed revision, the representative
of miners may submit timely comments to the District Manager, in
writing, for consideration during the review process. Upon request, a
copy of these comments must be provided to the operator by the District
Manager.
Under 30 CFR 75.370(b), following receipt of the proposed mine
ventilation plan or proposed revision, the representative of miners may
submit timely comments to the District Manager, in writing, for
consideration during the review process. A copy of these comments must
also be provided to the operator by the district manager upon request.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``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.
[[Page 22771]]
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, 200 Constitution
Avenue NW, Room C3522, Washington, DC 20210. Before visiting MSHA in
person, call 202-693-9455 to make an appointment.
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
Respirable Coal Mine Dust Sampling. MSHA has updated the data with
respect to the number of respondents, responses, time burden, 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: 1219-0011.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 701.
Frequency: On occasion.
Number of Annual Responses: 989,403.
Annual Time Burden: 69,765 hours.
Annual Other Burden Costs: $29,813.
MSHA Form: Mine 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 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. 2025-09592 Filed 5-28-25; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on May 29, 2025.
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.