Proposed Rule2025-11617
Improving and Eliminating Regulations; Hazardous Communication
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
MSHA is proposing to revise 30 CFR part 47 to allow electronic access to all Hazard Communication (HazCom) materials at no cost to miners. This change would ensure miners have access to information about the chemical hazards where they work while reducing paperwork burdens for operators.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28375-28383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11617]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR part 47
[Docket No. MSHA-2025-0077]
RIN 1219-AC08
Improving and Eliminating Regulations; Hazardous Communication
AGENCY: Mine Safety and Health Administration (MSHA), Department of
Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: MSHA is proposing to revise 30 CFR part 47 to allow electronic
access to all Hazard Communication (HazCom) materials at no cost to
miners. This change would ensure miners have access to information
about the chemical hazards where they work while reducing paperwork
burdens for operators.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: All submissions must include RIN 1219-AC08 or Docket No.
MSHA-2025-0077. You should not include personal or proprietary
information that you do not wish to disclose publicly. If you mark
parts of a comment as ``business confidential'' information, MSHA will
not post those parts of the comment. Otherwise, MSHA will post all
comments without change,
[[Page 28376]]
including any personal information provided. MSHA cautions against
submitting personal information.
You may submit comments and informational materials, clearly
identified by RIN 1219-AC08 or Docket No. MSHA-2025-0077, by any of the
following methods:
1. Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the online instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#e69c9cabb5aea7cb85898b8b83889295a682898ac8818990"><span class="__cf_email__" data-cfemail="6e1414233d262f430d0103030b001a1d2e0a010240090118">[email protected]</span></a>. Include ``RIN 1219-AC08'' in the
subject line of the message.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Avenue NW, Room C3522,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
to make an appointment. No telefacsimiles (``faxes'') will be accepted.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA at 202-693-9440
(voice). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
MSHA is proposing to remove existing provisions from title 30 of
the Code of Federal Regulations (30 CFR). The existing MSHA standard in
30 CFR 47.71, requires mine operators, upon request, to provide access
to all hazard communication (HazCom) materials required by part 47 to
the miners and designated representative. The existing standard in
Sec. 47.72 requires operators to provide the first copy of each
revision of the hazard communication materials without a cost to the
miners, and all fees for subsequent copies of materials to be non-
discriminatory and reasonable. Amending these provisions would not
reduce protections afforded to miners.
The proposed changes would decrease paperwork burdens on mine
operators while also maintaining the current protections miners receive
by accessing information on hazardous chemicals.
II. Discussion
MSHA proposes to revise Sec. 47.71 to allow mine operators to make
HazCom materials available to miners electronically, without cost to
miners. Under the Agency's proposed revision, a new paragraph (a) would
be added to allow operators to choose to make HazCom materials
available either electronically or as hard copies in paper form. The
language in proposed paragraph (a) is substantially similar to the
existing language in this section with the addition of allowing
electronic access. This is a change from existing Sec. 47.71 which
requires operators to provide hard copies of HazCom materials. Section
47.71 would be further revised by adding a new paragraph (b) which
would, if the operator chooses, make HazCom material available as hard
copies and require the operator to provide the first copy and each
revision of the HazCom material without cost. Paragraph (b) would also
allow operators to charge fees that are non-discriminatory and
reasonable for subsequent hard copies of HazCom material. This proposed
addition to existing Sec. 47.71 is substantially similar to the
language in existing Sec. 47.72. As a result of the proposed revisions
and additions to Sec. 47.71, MSHA proposes to remove Sec. 47.72 as it
would no longer be necessary.
The proposed changes would decrease paperwork burdens on mine
operators while also maintaining the current protections miners receive
by accessing information on hazardous chemicals. These actions reflect
MSHA's experience and ongoing review of existing regulations to ensure
they remain necessary, effective, and aligned with current technologies
and mining practices.
MSHA seeks comment on any aspect of this proposed rule.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, ``Regulatory Planning and Review'' 58
FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted by
law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
E.O. 13563, ``Improving Regulation and Regulatory Review'' 76 FR
3821 (Jan. 21, 2011), requires agencies to use the best available
techniques to quantify anticipated present and future benefits and
costs as accurately as possible. E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for improvements in the nation's regulatory
system to promote predictability, reduce uncertainty, and use the best,
most innovative, and least burdensome tools for achieving regulatory
ends.
E.O. 12866 and E.O. 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Under section 3(f) of E.O. 12866, a ``significant regulatory
action'' is a regulatory action that is likely to result in a rule that
may:
(1) have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or communities
(also referred to as economically significant);
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
Background
The proposed regulations would allow all mine operators to provide
electronic access to HazCom materials to miners and designated
representatives, at their request. The existing standard in 30 CFR
47.72 requires operators to provide the first copy of each revision of
the hazard communication materials without a cost to the miners. The
proposed changes would decrease paperwork burdens on mine operators
while also maintaining the current protections miners receive by
accessing information on hazardous chemicals.
On average, each year there are 12,529 mine operations and mining
contractors that employ 138,586 miners affected by
[[Page 28377]]
this proposed rule. All estimated figures are expressed in 2024
dollars.
Benefits
This proposed rule would allow mine operators to provide electronic
access to HazCom materials to the miners and designated
representatives. The proposal would provide miners and their designated
representatives easy access to information about chemical hazards and
the measures they can take to protect themselves from these hazards.
Electronic copies (instead of paper copies) would reduce the time
needed to access HazCom materials and increase efficiency in mine
operations, without diminishing safety in underground mines.
Costs Savings
The Agency estimates that each year there are an average of 12,529
mine operations and mining contractors that employ 138,586 miners, that
would be affected by this proposed rule. MSHA assumes that
approximately 2 percent of these miners (including their designated
representatives) request HazCom information each year, meaning there
are 2,772 copies being provided to miners. MSHA estimates that, under
this proposed rule, 75 percent of these requested copies, or 2,079,
would be provided electronically.
MSHA used data from the May 2024 Occupational Employment and Wage
Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for
hourly wage rates \1\ and adjusted the rates for benefits,\2\ wage
inflation,\3\ and overhead costs.\4\
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\1\ To obtain OEWS data, follow BLS's directions in its
Frequently Asked Questions: ``E. How to get OEWS data. 4. What are
the different ways to obtain OEWS estimates from this website?'' at
<a href="https://www.bls.gov/oes/oes_ques.htm">https://www.bls.gov/oes/oes_ques.htm</a>.
\2\ The benefit multiplier comes from BLS Employer Costs for
Employee Compensation accessed by menu at <a href="http://data.bls.gov/cgi-bin/srgate">http://data.bls.gov/cgi-bin/srgate</a> or directly at <a href="http://download.bls.gov/pub/time.series/cm/cm.data.0.Current">http://download.bls.gov/pub/time.series/cm/cm.data.0.Current</a>. Insert the data series CMU2030000405000D and
CMU2030000405000P, Private Industry Total benefits for Construction,
extraction, farming, fishing, and forestry occupations, which is
divided by 100 to convert to a decimal value. MSHA uses the latest
4-quarter moving average 2024Q1-2024Q4 to determine that 31.2
percent of total loaded wages are benefits. MSHA computes the
benefit multiplier with a number of detailed calculations, but it
may be approximated with the formula 1 + (benefit percentage/(1-
benefit percentage)). The benefit multiplier is 1.453 = 1+(0.312/(1-
0.312)).
\3\ Wage inflation is the change in Series ID:
CIS2020000405000I; Seasonally adjusted; Series Title: Wages and
salaries for Private industry workers in Construction, extraction,
farming, fishing, and forestry occupations, Index. (<a href="https://data.bls.gov/cgi-bin/srgate">https://data.bls.gov/cgi-bin/srgate</a>; Inflation Multiplier = (Current Quarter
Cost Index Value/OEWS Wage Base Quarter Index Value). The inflation
multiplier is determined by using the employment price index from
the most current quarter, 2024Q4, divided by the base year and
quarter of the OEWS employment and wage statistics, 2024Q2. The
inflation multiplier is 1.022 = 166.7/163.1.
\4\ MSHA uses an overhead rate of 17 percent. This overhead rate
is based on a 2002 EPA report by Cody Rice, ``Wage Rates for
Economic Analysis of the Toxics Release Inventory Program'',
available at <a href="https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0387-0064">https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0387-0064</a>.
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The total cost savings associated with this proposed rule would
result from allowing mine operators to provide electronic copies of
HazCom materials, instead of hard copies. The cost savings include:
1. Providing Copies of HazCom Materials to Miners
On average, MSHA estimates that it takes a clerk, earning $45.33
per hour, 12 minutes to prepare a physical copy in response to a
request for HazCom information, while the time needed to provide an
electronic copy is deemed de minimis. Under the proposed rule, mine
operators' annual time burden would be reduced by 416 hours, creating a
cost saving of $18,848.\5\
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\5\ $18,848 = 2,079 hard copies that are now electronic x 0.2
hours per copy x $45.33 per hour.
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2. Printing Copies of HazCom Materials
Additionally, there are cost savings from reduced materials costs
to the mine operator or contractor if electronic and not printed copies
are provided. On average, each HazCom safety data sheet set is 20
pages. Assuming printing costs are $0.15 per page, MSHA estimates that
mine operators and contractors would save $6,237 \6\ in printing costs
annually.
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\6\ $6,237 = 2,079 hard copies that are now electronic x 20
pages per copy x $0.15 per page.
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Summary
The total compliance cost that would have been incurred during the
10-year analysis period is $0.25 million, undiscounted. For this
proposed rule, the Agency estimates that the annualized cost saving
across the three discount rates of 0 percent, 3 percent, and 7 percent
would be $25,085.
Significant Rules
Under section 6(a) of E.O. 12866, the Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA)
determines whether a regulatory action is significant and whether
Agencies are required to submit significant regulatory actions to OIRA
for review. Under this proposed rule, mine operators are required to
provide miners and designated representatives with access to HazCom
material electronically or in hardcopy. The annualized cost saving of
$25,085 is far below the threshold of $100 million put forth in E.O.
12866. This proposed rule is determined to not constitute a
``significant regulatory action'' because it does not meet any of the
four ``significant regulatory action'' criteria under section 3(f) of
E.O. 12866. Accordingly, this proposed rule was not submitted to OIRA
for review under E.O. 12866.
No alternatives were considered for this proposed deregulatory
action.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996,
requires preparation of an Initial Regulatory Flexibility Analyses
(IRFA) for any rule that by law must be proposed for public comment,
unless the agency certifies that the rule, if promulgated, will not
have a significant economic impact on a substantial number of small
entities. The RFA defines small entities to include small businesses,
small organizations, including not-for-profit organizations, and small
governmental jurisdictions.
MSHA reviewed this proposed rule under the provisions of the RFA,
which eliminates burdensome regulations.
MSHA initially concludes that the impacts of this proposed rule
would not have a `significant economic impact on a substantial number
of small entities,' and that the preparation of an IRFA is not
warranted. MSHA will transmit this certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).
[[Page 28378]]
C. Review Under the Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
provides for the Federal Government's collection, use, and
dissemination of information. The goals of the PRA include minimizing
paperwork and reporting burdens and ensuring the maximum possible
utility from the information that is collected under 5 CFR part 1320.
The Paperwork Reduction Act requires Federal agencies to obtain
approval from OMB before requesting or requiring ``a collection of
information'' from the public.
This proposed rule does not create new information collections, but
results in substantive changes to one currently approved information
collection request under OMB Control Number 1219-0133 titled ``Hazard
Communication.'' The currently approved information collection request
covers requirements in 30 CFR 47.71 and 47.72, which mandate mine
operators and contractors provide all HazCom materials to miners and
their designated representatives upon request, without cost to miners.
Under this proposed rule, MSHA amends 30 CFR 47.71 and 47.72 to
allow mine operators and contractors to make HazCom information
available to miners electronically. This proposed change would decrease
paperwork burden and cost to mine operators and contractors when
providing miners with copies of HazCom information, while maintaining
protection for miners from hazardous chemicals. MSHA proposes to revise
the supporting statement for the information collection request 1219-
0133 to reflect these changes and seek public comment on these changes.
Type of Review: Substantive Change to currently approved
information collection.
OMB Control Number: 1219-0133.
Title: Hazard Communication.
Description of the ICR:
Background
Under 30 CFR 47.71 and 47.72, MSHA's standards require mine
operators to provide information to miners concerning chemical hazards
by means of a written HazCom program including a list of all hazardous
chemicals.
MSHA estimates that there are 15,021 mining operations impacted by
this information collection, of which 1,913 are coal mine operations
and 13,108 are MNM mine operations. Among 15,021 coal and MNM mines,
there are 12,235 mines with 1 to 19 employees and 2,786 mines employed
20 or more workers.
Summary of Changes
This substantive change request will change the supporting
statement for this information collection request due to a modification
in the recordkeeping requirements in 30 CFR 47.71 and 47.72. The
existing standards require contractors and operators to provide, upon
request, access to all HazCom materials required by part 47 to miners
and designated representatives. The first copy and each revision of the
HazCom material must be provided without cost. Operators and
contractors may charge fees for subsequent copies of the HazCom
material if the fees are non-discriminatory and reasonable. The
proposed revisions would allow mine operators to provide HazCom
materials to miners and their designated representatives in both
electronic and physical form. This change does not modify the authority
or number of affected mine operators and contractors, but it decreases
the paperwork burden and costs associated with providing copies of
HazCom materials to miners as captured by this information collection
request.
The number of respondents, frequency of response, annual hour
burden, and recordkeeping cost are described in this section.
1-1. Developing New HazCom Programs (30 CFR 47.31(a) and 47.32)
Under 30 CFR 47.31(a), operators must develop and implement written
HazCom programs for as long as a hazardous chemical is known to be at
the mine. 30 CFR 47.32(a) requires programs to include hazard
determination, labels and other forms of warning, MSDSs, and miner
training. Under 30 CFR 47.32(b), operators must have a list or other
records identifying all hazardous chemicals known to be at the mine.
The list must use a chemical identity that permits cross-referencing
between the list, a chemical's label, and its MSDS; and be compiled for
the whole mine or by individual work areas.
All new mine operators are required to develop HazCom programs
under this provision. MSHA estimates that 518 new operations that
employ between 1 to 19 employees and 22 operations that employ 20 or
more employees will need develop new HazCom programs annually.
On average, the estimated time to develop a HazCom program is 8
hours of a mining supervisor's time and 4 hours of a clerical worker's
time for operations that employ between 1 to 19 employees, and 16 hours
of a mining supervisor's time and 8 hours of a clerical worker's time
for operations that employ 20 or more employees.
MSHA estimates that it takes a mining supervisor, earning $82.31
per hour, 8 hours for operations employing between 1 to 19 employees
and 16 hours for operations with 20 or more employees to develop a
HazCom program. MSHA estimates that it takes a clerk, earning $45.33
per hour, 4 hours for operations employing between 1 to 19 employees
and 8 hours for operations with 20 or more employees to record and file
to a new HazCom program.
Additionally, mine operators need to mail the new HazCom programs
to MSHA. Material costs, copying, and distribution for developing the
HazCom program are estimated to be $2.40 per operation for that employ
between 1 to 19 employees and $4 per operation that employing 20 or
more employees.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 540, the number of annual responses
is 540, the annual burden hours is 6,744, and the annual recordkeeping
cost to respondents is $1,331 to develop new HazCom programs.
1-2. Updating Existing HazCom Programs (30 CFR 47.31(b) and 47.32)
Under 30 CFR 47.31(b), operators are required to maintain written
HazCom programs for as long as a hazardous chemical is known to be at
the mine. Under 30 CFR 47.32(a), programs must include hazard
determination, labels and other forms of warning, MSDSs, and miner
training. Mine operators (which includes contractors) working on mine
property periodically need to update their HazCom programs including
creating lists of all hazardous chemicals. Under 30 CFR 47.31(c),
operators must share relevant HazCom information with other on-site
operators whose miners can be affected.
MSHA estimates that there are 12,235 mining operations that employ
between 1 to 19 employees and 2,786 mining operations that employ 20 or
more employees. MSHA estimates that every mine will update their HazCom
programs at least annually.
MSHA estimates that it takes a mining supervisor, earning $82.31
per hour, 1 hour for operations employing 1 to 19 employees and 2 hours
for operations with 20 or more employees to update an existing HazCom
program. MSHA estimates that it takes a clerk, earning $45.33 per hour,
30 minutes for operations employing between 1 to 19 employees and 1
hour for operations with 20 or more employees to record and file
updates to an existing HazCom program.
[[Page 28379]]
The proposed rule does not impact this information collection cost.
The number of annual respondents is 15,021, the number of annual
responses is 15,021, the annual burden hours is 26,711, and the annual
recordkeeping cost to respondents is $0 to update existing HazCom
programs.
1-3. Recordkeeping HazCom Training (30 CFR 47.32(a)(4))
Under 30 CFR 47.32(a)(4), miner must complete training for the
HazCom program. Mine operators need time to manage and administer
HazCom training programs each year. The administrative time
requirements include preparing, copying, distributing, and maintaining
training certificates, transcripts, maintaining the list of hazardous
chemicals known at the mine, and other associated records. MSHA
estimates that 12,235 mining operations that employ between 1 to 19
employees and 2,786 mining operations that employ 20 or more employees
will need to administer HazCom training programs annually.
MSHA estimates that it takes a mining supervisors, earning $82.31
per hour, 15 minutes for operations employing between 1 to 19 employees
and 30 minutes for operations with 20 or more employees to update any
changes to and certify that miners have received HazCom training. MSHA
estimates that it takes a clerk, earning $45.33 per hour, 30 minutes
for operations employing between 1 to 19 employees and 1 hour for
operations with 20 or more employees to record and file and update
records of HazCom training. The proposed rule does not impact this
information collection cost. The number of annual respondents is
15,021, the number of annual responses is 15,021, the annual burden
hours is 13,355, and the annual recordkeeping cost to respondents is $0
to make records of HazCom training.
2. Labeling Containers (30 CFR 47.41, 47.43, and 47.44)
Under 30 CFR 47.41(a), operators are required to ensure that each
container of a hazardous chemical has a label. Under 30 CFR 47.41(b),
or each hazardous chemical produced at the mine, operators must prepare
a container label and update this label with any significant, new
information about the chemical's hazards within 3 months of becoming
aware of this information. Under 30 CFR 47.41(c), for each hazardous
chemical brought to the mine, operators must replace an outdated label
when a revised label is received from the chemical's manufacturer or
supplier.
Under 30 CFR 47.43, operators are allowed to use signs, placards,
process sheets, batch tickets, operating procedures, or other label
alternatives for individual, stationary process containers provided
that the alternative identifies the container to which it applies,
communicates the same information as required on the label, and is
readily available throughout each work shift to miners in the work
area.
Under 30 CFR 47.44, operators need to label temporary, portable
containers if miners using the portable container do not know what is
in the container or if the container is not empty at the end of the
shift.
Mine operators are required to ensure that all containers of
hazardous chemicals are appropriately labeled. MSHA estimates that
12,235 mining operations that employ between 1 to 19 employees and
2,786 mining operations that employ 20 or more employees will need to
label containers annually as well as revise and update them.
On average, there are 5 containers, on-site, at mining operations
that employ between 1 to 19 employees, and 62 containers, on-site, at
mining operations that employ 20 or more employees. MSHA estimates that
50 percent of the containers at mining operations employing between 1
to 19 employees and 33 percent of the containers at operations
employing 20 or more employees will need new or updated labeling. This
leads to 30,588 labels (=12,235 mines x 5 containers x 50%) at mining
operations employing between 1 to 19 employees, and 57,002 labels
(=2,786 mines x 62 containers x 33%) at mining operations employing 20
or more employees.
For all operations, MSHA estimates it takes a mining supervisor,
earning $82.31 per hour, 12 minutes to verify or fill-out the label
information and apply it to a container.
MSHA estimate that at mines with 1-19 employees, 50 percent of
containers will need new labels created, and mines with 20 or more
employees, thirty-three percent of containers will need new labels
created. This leads to 7,563 labels (= 3,025 mines x 5 containers x
50%) to be printed at mining operations employing between 1 to 19
employees, and 16,839 labels (=823 mines x 62 containers x 33%) mining
operations employing 20 or more employees.
Material costs for labeling are estimated to be $0.10 per container
labeled and do not differ for an initial label or a label update. These
material costs include copying costs (including any special copy media
such as plasticized or weather-proof material) and distribution costs.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 15,021, the number of annual
responses is 87,590, the annual burden hours is 17,518, and the annual
recordkeeping cost to respondents is $2,440 to make records of HazCom
training.
3-1. Developing New MSDS (30 CFR 47.51(a) and 47.53)
Under 30 CFR 47.51(a), operators must develop a Material Safety
Data Sheet (MSDS) for each hazardous chemical which they produce or
use. If the mine produces or uses hazardous waste, under 30 CFR 47.53,
operators must provide potentially exposed miners and designated
representatives access to available information for the hazardous waste
that identifies its hazardous chemical components, describes its
physical or health hazards, or specifies appropriate protective
measures.
Mine operators must create an MSDS for each hazardous chemical
produced at a new mine site. MSHA estimates that 518 mining operations
employing between 1 to 19 employees and 22 mining operations employing
20 or more employees will begin producing chemicals annually.
On average, MSHA estimates that operations that employ between 1 to
19 employees create, annually, one new chemical; and operations that
employ 20 or more employees create, annually, four new chemicals. MSHA
estimates that it takes a mining supervisor, earning $82.31 per hour, 2
hours to develop an MSDS and a clerical worker, earning $45.33 per
hour, 1 hour to prepare the sheet. Material costs for developing MSDS
are estimated to be $2 per MSDS. Materials costs include copying costs
(including any special copy media such as plasticized or weather-proof
material etc.) and distribution costs.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 540, the number of annual responses
is 606, the annual burden hours is 1,818, and the annual recordkeeping
cost to respondents is $1,212 to develop new MSDS.
3-2. Updating MSDS (30 CFR 47.51(c))
Although operators are not responsible for an inaccurate MSDS
obtained from the chemical's manufacturer, supplier, or other source,
under 30 CFR 47.51(c) operators are required to replace an outdated
MSDS upon receipt of an updated revision and obtain an accurate MSDS as
soon as
[[Page 28380]]
possible after becoming aware of an inaccuracy.
MSHA estimates that 12,235 mining operations employing between 1 to
19 employees and 2,786 mining operations employing 20 or more employees
will need to update MSDS for the chemicals they produce or use at the
mine annually.
MSHA estimates that 25 percent of mines with 1 to 19 employees that
and 75 percent of mines with 20 or more employees will need to update
for chemicals produced at the mine site.
On average, MSHA estimates that it takes a mining supervisor,
earning $82.31 per hour, 1 hour and a clerk, earning $45.33 per hour,
30 minutes to update an MSDS.
MSHA estimates that 6,196 mining operations employing between 1 to
19 employees and 1,306 mining operations employing 20 or more employees
will need to update MSDS annually using physical copies as opposed to
electronic versions. Material costs for updating MSDS are estimated to
be $1 per MSDS. The material costs include copying costs (including any
special copy media such as plasticized or weather-proof material etc.)
and distribution costs.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 15,021, the number of annual
responses is 5,149, the annual burden hours is 7,724, and the annual
recordkeeping cost to respondents is $2,529 to update MSDS.
3-3. Providing Hazardous Waste Information to Miners (30 CFR 47.53)
If the mine produces or uses hazardous waste, under 30 CFR 47.53,
operators must provide potentially exposed miners and designated
representatives access to available information that identifies the
hazardous chemical components for the hazardous waste, describes its
physical or health hazards, or specifies appropriate protective
measures. The burden for this is de minimis.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 15,021, the number of annual
responses is 0, the annual burden hours is 0, and the annual
recordkeeping cost to respondents is $0 to provide hazardous waste
information to miners.
3-4. Providing MSDS Copies to Miners (30 CFR 47.54)
Under 30 CFR 47.54, operators must have copies of MSDS for all
hazardous chemicals present at the mine and to maintain availability of
those MSDS for all affected miners. OSHA and other federal and state
regulatory agencies require chemical manufacturers to supply one or
more copies of applicable MSDS on purchase and delivery of their
products.
Therefore, MSHA has determined that there is no additional burden
to operators that has not been addressed by the requirements to
develop, update, and maintain a HazCom Program.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 15,021, the number of annual
responses is 0, the annual burden hours is 0, and the annual
recordkeeping cost to respondents is $0 to provide hazardous waste
information to miners.
Under 30 CFR 47.55(a), operators must retain its MSDS for as long
as the hazardous chemical is known to be at the mine. Part of retaining
a mine's MSDS. MSHA also estimates that the cost burden of maintaining
a mine's MSDS differs between mines with internet access versus
without.
3-5A. Maintaining MSDS With Internet (30 CFR 47.55(a))
MSHA estimates that 11,272 mining operations will need to maintain
MSDS annually through internet. In addition, MSHA estimates that it
takes a clerk, earning $45.33 per hour, 3 minutes to maintain the MSDS.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 11,272, the number of annual
responses is 11,272, the annual burden hours is 564, and the annual
recordkeeping cost to respondents is $0 to maintain MSDS with internet.
3-5B. Maintaining MSDS Without Internet (30 CFR 47.55(a))
With respect to mining operations without internet access, MSHA
estimates that 3,680 operations employing between 1 to 19 employees and
69 operations employing 20 or more employees will need to maintain MSDS
annually without internet. On average, the MSHA estimates there are 40
MSDS per mining operation that employs between 1 to 19 employees and 70
MSDS per operation that employs 20 or more employees that need
maintenance.
For all mining operations without internet access in all mine size
categories, MSHA estimates that it takes a clerk, earning $45.33 per
hour, 3 minutes to maintain the MSDS.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 3,749, the number of annual
responses is 152,030, the annual burden hours is 7,602, and the annual
recordkeeping cost to respondents is $0 to maintain MSDS without
internet.
3-6. Removing MSDS (30 CFR 47.55(b))
Under 30 CFR 47.55(b), operators are required to notify miners at
least 3 months before disposing of the MSDS.
MSHA assumes that only some operators without internet access will
remove MSDS every year. Operations with internet access are assumed to
retain all the MSDS in their electronic database and any burden for
that is de minimis.
With respect to mining operations without internet access, MSHA
estimates that 1,272 operations that employ between 1 to 19 employees
will prepare, on average, 10 MSDS removal announcements annually. In
addition, MSHA estimates that 24 operations employing 20 or more
employees will prepare, on average, 18 MSDS removal announcements
annually.
For all operations without internet access in all size categories,
MSHA estimates that it takes a mining supervisor, earning $82.31 per
hour, 3 minutes to remove the MSDS.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 1,296, the number of annual
responses is 13,152, the annual burden hours is 658, and the annual
recordkeeping cost to respondents is $0 to remove MSDS.
4. Making HazCom Available (30 CFR 47.71)
Under 30 CFR 47.71, operations must provide the first copy and each
revision of the HazCom material without cost to miners and designated
representatives.
MSHA estimates that 10,563 mining operations employing between 1 to
19 employees, 1,966 mining operations employing 20 or more employees
will need to provide copies of HazCom information to employees that
request them annually. MSHA estimates that 2 percent of miners
(including designated representatives) will request such information.
The average numbers of miners per operation are as follows: 4 miners
per mining operation employing between 1 to 19 employees; 49 miners per
mining operation employing 20 or more employees. This results in on
average 845 requests (=10,563 mins x 4 miners x 2%) per mining
operation employing between 1 to 19 employees and 1,927 requests
(=1,966 mines x 49 miners x 2%) per mining operation employing 20 or
more employees, for a total of 2,772 requests annually.
Under the proposed rule mine operators will be able to provide
electronic copies of the HazCom to miners instead of physical copies.
[[Page 28381]]
MSHA assumes that 75 percent of the 2,772 requests (2,079 requests)
will receive electronic copies due to the proposed rule. MSHA assumes
that the cost to mine operators to provide these electronic copies is
di minimus. For the 693 requests that will receive physical copies,
MSHA assumes that it takes a clerk, earning $45.33 per hour, 12 minutes
to process each physical HazCom information request.
Photocopy costs are estimated to be $3 per request while the copies
that are provided electronically don't incur any additional costs.
This proposed rule would result in a reduction of information
collection cost. The number of annual respondents remains unchanged at
12,529, the number of annual responses decreases from 2,772 to 693, the
annual burden hour decreases from 555 to 139 hours, and the annual
recordkeeping cost to respondents decreases from $8,316 to $2,079 to
make HazCom available.
5. Providing Copies of Label Information and MSDS to Customers (30 CFR
47.73)
For a hazardous chemical produced at the mine, under 30 CFR 47.73,
operators must provide customers, upon request, with the chemical's
label or a copy of the label information, and the chemical's MSDS.
MSHA estimates that 10,714 operations that employ between 1 to 19
employees and 1,966 mining operations that employ 20 or more employees
need to provide copies of HazCom labeling information and MSDS to
customers annually.
On average, MSHA estimates 22 customers make requests per operation
employing between 1 to 19 employees, and 42 customers per operation
employing 20 or more employees. MSHA assumes there will be 58,927, for
mines with 1 to 19 employees, and 20,643, for mines with 20 or more
employees, requests for physical HazCom copies.
On average, MSHA estimates that it takes a clerk, earning $45.33
per hour, 12 minutes to copy and distribute HazCom labeling information
or MSDS to a customer. Photocopy costs are estimated to be $0.60 per
request.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 12,680, the number of annual
responses is 318,280, the annual burden hours is 63,656 and the annual
recordkeeping cost to respondents is $47,742 to provide copies of label
information and MSDS to customers.
6. Withholding Trade Secrets (30 CFR 47.81, 47.82, and 47.84)
Under 30 CFR 47.81, operators are allowed to withhold the identity
of a trade secret chemical, including the name and other specific
identification, from the written list of hazardous chemicals, the
label, and the MSDS, provided that operators can support the claim that
the chemical's identity is a trade secret, identifies the chemical in a
way that it can be referred to without disclosing the secret, indicates
in the MSDS that the chemical's identity is withheld as a trade secret,
and discloses in the MSDS information on the properties and effects of
the hazardous chemical.
Under 30 CFR 47.82, operators must make the chemical's identity
available to miners, the miner's designated representatives, and health
professionals in accordance with the provisions listed in 30 CFR 47.84.
MSHA is aware that most operators produce single substances that
are not proprietary. Furthermore, there are few if any requests to
mines to withhold or disclose trade secrets. MSHA assumes the burden
for this is de minimis.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 0, the number of annual responses
is 0, the annual burden hours is 0, and the annual recordkeeping cost
to respondents is $0 for withholding trade secrets.
7. Denying Requests To Disclose Trade Secrets (30 CFR 47.86)
Under 30 CFR 47.86(a), operators can deny a request to disclose the
identity of trade secret chemicals.
MSHA is aware that most operators produce single substances that
are not proprietary. Furthermore, there are few if any denials to
disclose trade secrets by mine operators. MSHA assumes the burden for
this is de minimis.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 0, the number of annual responses
is 0, the annual burden hours is 0, and the annual recordkeeping cost
to respondents is $0 to deny a request to disclose trade secrets.
8. Submitting to MSHA To Appeal Denial of Request To Disclose Trade
Secrets (30 CFR 47.87)
Under 30 CFR 47.87(a), the health professional, miner, or
designated representative may refer the written denial to MSHA for
review.
Since MSHA assumes there are no requests for mines to disclose
trade secrets there would be no denials to disclose this information or
appeals. MSHA thus assumes that the burden for this is de minimis.
The proposed rule does not impact this information collection cost.
The number of annual respondents is 0, the number of annual responses
is 0, the annual burden hours is 0, and the annual recordkeeping cost
to respondents is $0 to appeal a denial of a request to disclose trade
secrets.
Summary of the Collection of Information
Under the proposed rule, the estimated number of responses, burden
hours and recordkeeping costs to respondents would decrease from the
currently approved information collection request. The reduction in
information collection cost comes from making HazCom available
electronically.
Affected Public: Businesses or For-Profit.
Estimated Number of Respondents: 15,021 (0 from this proposed
rule).
Frequency: On occasion.
Estimated Number of Responses: 619,354 (-2,079 from this proposed
rule).
Estimated Number of Burden Hours: 146,487 (-416 from this proposed
rule).
Estimated Recordkeeping Costs to Respondents: $57,333 (-$6,237 from
this proposed rule).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The E.O. requires agencies to examine the constitutional
and statutory authority supporting any action that would limit the
policymaking discretion of the States and to carefully assess the
necessity for such actions. The E.O. also requires agencies to have an
accountable process to ensure meaningful and timely input by State and
local officials in the development of regulatory policies that have
federalism implications.
MSHA has examined this proposed rule and has determined that it
would not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of
[[Page 28382]]
new regulations, section 3(a) of E.O. 12988, ``Civil Justice Reform''
61 FR 4729 (Feb. 7, 1996) imposes on Federal agencies the general duty
to adhere to the following requirements: (1) eliminate drafting errors
and ambiguity; (2) write regulations to minimize litigation; (3)
provide a clear legal standard for affected conduct rather than a
general standard; and (4) promote simplification and burden reduction.
Regarding the review required by section 3(a), section 3(b) of E.O.
12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. MSHA has completed the required review and
determined that, to the extent permitted by law, this proposed rule
meets the relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
MSHA examined this proposed rule according to UMRA and its
statement of policy and determined that the proposal does not contain a
Federal intergovernmental mandate, nor is it expected to require
expenditures of $100 million or more in any one year by State, local,
and Tribal governments, in the aggregate, or by the private sector. As
a result, the analytical requirements of UMRA do not apply.
G. Review Under the National Environmental Policy Act
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et seq.), requires each Federal agency to consider the
environmental effects of regulatory actions and to prepare an
environmental impact statement on Agency actions that would
significantly affect the quality of the environment; unless the action
is considered categorically excluded under 29 CFR 11.10. MSHA has
reviewed the proposed rule in accordance with NEPA requirements and the
Department of Labor's NEPA procedures (29 CFR part 11). As a result of
this review, MSHA has determined that this proposed rule would not
impact air, water, or soil quality, plant or animal life, the use of
land or other aspects of the human environment. Therefore, MSHA has not
conducted an environmental assessment nor provided an environmental
impact statement.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, MSHA has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 18,
1988), MSHA has determined that this proposed rule would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). MSHA has reviewed this proposed rule and has
concluded that it is consistent with applicable policies in the OMB
guidelines.
K. Review Under Executive Order 13175
E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments'' 65 FR 67249 (Nov. 9, 2000), requires agencies to consult
with tribal officials when developing policies that may have ``tribal
implications.'' This proposed rule does not have ``tribal
implications'' because it will not ``have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Accordingly, under E.O. 13175, no further Agency action or analysis is
required.
L. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' 66 FR 28355 (May 22,
2001), requires agencies to publish a statement of energy effects when
a rule has a significant energy action that adversely affects energy
supply, distribution, or use. MSHA has reviewed this proposed rule for
its energy effects. For the energy analysis, this proposed rule will
not exceed the relevant criteria for adverse impact.
M. Review Under Additional Executive Orders and Presidential Memoranda
MSHA has examined this proposed rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy'' 90 FR 8353 (Jan. 29, 2025); E.O. 14192,
``Unleashing Prosperity Through Deregulation'' 90 FR 9065 (Feb. 6,
2025); and the Presidential Memorandum, ``Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis''
90 FR 8245 (Jan. 28, 2025). This proposed rule is expected to be an
E.O. 14192 deregulatory action.
[[Page 28383]]
List of Subjects in 30 CFR Part 47
Chemicals, Hazardous substances, Labeling, Mine safety and health,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, and under the authority
of the Federal Mine Safety and Health Act of 1977, as amended by the
Mine Improvement and New Emergency Response Act of 2006, MSHA proposes
to amend chapter I of title 30 of the Code of Federal Regulations as
follows:
PART 47--HAZARD COMMUNICATION (HazCom)
Subpart H--Making HazCom Information Available
0
1. The authority citation for part 47 continues to read as follows:
Authority: 30 U.S.C. 811, 825.
0
2. Revise Sec. 47.71 to read as follows:
Sec. 47.71 Access to HazCom materials.
(a) Upon request, the operator must provide access electronically
or in hardcopy to all HazCom materials required by this part to miners
and designated representatives without cost, except as provided in
Sec. 47.81 through Sec. 47.87 (provisions for trade secrets).
(b) If the mine operator provides access for miners and designated
representatives to HazCom materials in hardcopy:
(1) The operator must provide the first copy and each revision of
the HazCom material without cost; and
(2) Fees for a subsequent copy of the HazCom material must be non-
discriminatory and reasonable.
Sec. 47.72 [Removed and Reserved]
0
3. Remove and reserve Sec. 47.72.
James P. McHugh,
Deputy Assistant Secretary for Policy Mine Safety and Health
Administration.
[FR Doc. 2025-11617 Filed 6-30-25; 8:45 am]
BILLING CODE 4520-43-P
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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.