Notice2025-12438
Proposed Extension of Information Collection: Coal Mine Dust Sampling Devices
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 3, 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 "Coal Mine Dust Sampling Devices."
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Notices]
[Pages 29577-29579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12438]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0147]
Proposed Extension of Information Collection: Coal Mine Dust
Sampling Devices
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 ``Coal Mine Dust Sampling Devices.''
DATES: All comments must be received on or before September 2, 2025.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that late comments received after the deadline will not be
considered.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2025-0052.
<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: Jessica Senk, Acting Director, Office
of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#df928c979ef1b6b1b9b0adb2beabb6b0b1f1bcb0b3b3babcabb6b0b1ac9fbbb0b3f1b8b0a9"><span class="__cf_email__" data-cfemail="0f425c474e21666169607d626e7b666061216c6063636a6c7b6660617c4f6b606321686079">[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 of 1995 (PRA) governs paperwork burdens
imposed by Federal agencies on the public for using identical questions
to collect information from 10 or more persons. The PRA defines
paperwork burden is defined in 44 U.S.C. 3502(2) as time, effort, or
financial resources expended to generate, maintain, or
[[Page 29578]]
provide information to or for a Federal agency. Under 44 U.S.C. 3507,
the PRA also establishes policies and procedures of information
collection 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 the information under the ICR titled ``Coal Mine
Dust Sampling Devices.'' The information collection is intended to
determine if coal mine dust sampling devices meet established safety
criteria for use in coal mines.
Coal mine sampling devices include continuous personal dust
monitors (CPDMs) and coal mine dust personal sampler units (CMDPSUs).
CPDMs and CMDPSUs measure the concentration of respirable dust in coal
mines. These devices must be designed and constructed for coal miners
to wear and operate without impeding their ability to perform work
safely and effectively. They must be durable to perform reliably in the
normal working conditions of coal mines.
Under 30 CFR part 74, the requirements for approval of coal mine
dust sampling devices are set forth for determining the concentrations
of respirable dust in coal mine atmospheres. It also outlines
procedures for applying for approval and testing.
Burden costs associated with the ICR include:
1. Manufacturers preparing and submitting applications for MSHA's
approval of the pump unit of a CMDPSU;
2. Manufacturers preparing and submitting applications for MSHA's
approval of intrinsic safety testing of a CPDM;
3. Manufacturers providing CMDPSU or CPDM devices to MSHA;
4. MSHA issuing certificates of approval or disapproval;
5. Manufacturers keeping records; and
6. Manufacturers making changes after certification.
Authorization and the associated rule text are described below.
1. Manufacturers Preparing and Submitting Applications for Pump Units
of CMDPSUs
a. MSHA Testing Pump Units of CMDPSUs
Under 30 CFR 74.5(b) and 74.13(a), MSHA will conduct tests and
evaluations to determine whether the pump unit of a CMDPSU that is
submitted for approval complies with the applicable permissibility
provisions.
b. Manufacturers Preparing and Submitting Applications for CMDPSUs
Under 30 CFR 74.13(a), the applicant must submit a written
application to MSHA. Each copy of the application must be accompanied
by complete scale drawings, specifications, and a description of
materials. One complete pump unit of a CMDPSU must be submitted to MSHA
with the application.
Under 30 CFR 74.13(c), complete drawings and specifications
accompanying each copy of the application must be fully detailed to
identify the design of the CMDPSU or pump unit and to disclose the
dimensions and materials of all component parts.
Under 30 CFR 74.6, the applicant must describe the way in which
each lot of components will be sampled and tested to maintain its
quality prior to assembly of each sampler unit. In order to assure that
the quality of the CMDPSU will be maintained in production through
adequate quality control procedures, MSHA reserves the right to have
their qualified personnel inspect each applicant's control-test
equipment procedures and records and to interview the employees who
conduct the control tests. Two copies of the results of any tests made
by the applicant on the CMDPSU or the pump unit must accompany an
application.
2. Manufacturers Preparing and Submitting Applications for Intrinsic
Safety Testing of CPDMs
a. Manufacturers Testing Intrinsic Safety of CPDMs
Under 30 CFR 74.11(a), the applicant must conduct tests to
determine whether a CPDM that is submitted for approval meets the
requirements, with the exception of durability testing, which must be
conducted by NIOSH. Applicant testing must be performed by an
independent testing entity approved by NIOSH.
Under 30 CFR 74.11(d), the applicant must submit the CPDM to MSHA
for testing and evaluation for intrinsic safety, to determine whether
the electronic components of the CPDM meet the applicable
permissibility provisions.
Under 30 CFR 74.13(b), testing of a CPDM will be performed by the
applicant to determine whether it meets the requirements.
Under 30 CFR 18.68(a), tests for intrinsic safety will be conducted
under the general concepts of ``intrinsically safe'', which is defined
in section 18.2 as ``incapable of releasing enough electrical or
thermal energy under normal or abnormal conditions to cause ignition of
a flammable mixture of methane or natural gas and air of the most
easily ignitable composition.'' Further tests or requirements for
intrinsic safety may be added at any time if features of construction
or use or both indicate them to be necessary.
b. Manufacturers Preparing and Submitting Applications for CPDMs
Under 30 CFR 74.13(b), the applicant must submit a written
application in duplicate to MSHA. Each copy of the application must be
accompanied by complete scale drawings, specifications, a description
of materials, and a copy of the testing protocol and test results which
were provided by an independent testing entity. One complete CPDM
device must be sent to MSHA with the application.
Under 30 CFR 74.13(c), complete drawings and specifications
accompanying each copy of the application must be fully detailed to
identify the design of the CPDM and to disclose the dimensions and
materials of all component parts.
Under 30 CFR 74.9(a)(1)(i), the applicant must establish and
maintain a quality control system that assures that CPDM devices
produced under the applicant's certificate of approval meet the
required specifications and are reliable, safe, effective, and
otherwise suitable for their intended use. To establish and to maintain
an approval, the applicant must submit with the application a copy of
the most recent registration under International Organization for
Standardization (ISO) Q9001-2000, American National Standard, Quality
Management Systems-Requirements.
3. Manufacturers Providing CMDPSU or CPDM Devices
Under 30 CFR 74.16(a), as part of the permanent record of the
approval application process, MSHA will retain a complete CMDPSU or
CPDM, as appropriate, that has been tested and certified. Material not
required for record purposes will be returned to the applicant at the
applicant's request and expense upon receipt of written shipping
instructions by MSHA.
4. MSHA Issuing Certificates of Approval or Notices of Disapproval
Under 30 CFR 74.14(a), upon completion of the testing of the pump
unit of a CMDPSU or after review of testing protocols and testing
results for the CPDM, MSH A must issue to the applicant either a
certificate of approval or a written notice of disapproval. If a
certificate of approval is issued, no test
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data or detailed results of tests will accompany such approval. If a
notice of disapproval is issued, it will be accompanied by details of
the defects, resulting in disapproval, with a view to possible
correction.
5. Manufacturers Recordkeeping Certificates
Under 30 CFR 74.14(b), a certificate of approval will be
accompanied by a list of the drawings and specifications covering the
details of design and construction of the pump unit of a CMDPSU or of
the CPDM, upon which the certificate of approval is based. The
applicant must keep exact duplicates of the drawings and specifications
submitted to MSHA relating to the pump unit of the CMDPSU or the CPDM,
which has received a certificate of approval. The approved drawings and
specifications must adhere exactly to the production of the certified
CMDPSU including the pump unit, or of the CPDM, for commercial
purposes. In addition, the applicant must observe the procedures for,
and keep records of, the control of component parts as MSHA may in
writing require as a condition of approval.
6. Manufacturers Making Changes After Certification
Under 30 CFR 74.17(b), if a change is proposed in a pump unit of a
certified CMDPSU or in electrical components of a CPDM, the approval of
MSHA with respect to intrinsic safety must be obtained in accordance
with the required procedures.
Mine operators' burden and costs associated with recordkeeping and
reporting requirements of CMDPSU and CPDM sampling are included in a
separate ICR under OMB Control Number 1219-0011 titled ``Respirable
Coal Mine Dust Sampling''.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Coal Mine Dust Sampling Devices.'' MSHA is
particularly interested in comments that:
<bullet> Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The ICR is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions
commenters 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 section of
this notice.
III. Current Actions
This ICR concerns provisions for Coal Mine Dust Sampling Devices.
MSHA has updated the data with respect to the number of respondents,
responses, time burden, and burden costs supporting this ICR from the
previous ICR.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0147.
Affected Public: Business or other for-profit entity.
Number of Annual Respondents: 1.
Frequency: On Occasion.
Number of Annual Responses: 1.
Annual Time Burden: 41 hours.
Annual Other Burden Costs: $301,810.
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 ICR; they will become a matter of public
record and be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Jessica Senk,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2025-12438 Filed 7-2-25; 8:45 am]
BILLING CODE 4510-43-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.