Notice2026-05777
Proposed Extension of Information Collection: Radiation Sampling and Exposure Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 25, 2026
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 "Radiation Sampling and Exposure Records."
Full Text
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<title>Federal Register, Volume 91 Issue 57 (Wednesday, March 25, 2026)</title>
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[Federal Register Volume 91, Number 57 (Wednesday, March 25, 2026)]
[Notices]
[Pages 14589-14591]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05777]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0003]
Proposed Extension of Information Collection: Radiation Sampling
and Exposure Records
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program 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 ``Radiation Sampling and Exposure Records.''
DATES: All comments must be received on or before May 26, 2026.
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 instructions for submitting comments for docket number MSHA-
2026-0068.
<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 202-693-9440
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 D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#08455b40492661666e677a65697c616766266b6764646d6b7c6167667b486c6764266f677e"><span class="__cf_email__" data-cfemail="5d100e151c7334333b322f303c29343233733e323131383e293432332e1d393231733a322b">[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 and metal
and nonmetal (MNM) mines.
[[Page 14590]]
The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.)
governs paperwork burdens imposed on the public by Federal agencies for
using identical questions to collect information from 10 or more
persons. The PRA defines paperwork burden 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,
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 its statutory mandates to promote miners' health and
safety, MSHA requires information under the information collection
request (ICR) titled ``Radiation Sampling and Exposure Records.'' The
information collection is intended to ensure that miners do not exceed
the annual exposure limit to radon daughters (radon decay products).
Airborne radon and radon daughters exist in every uranium mine and
in several other underground mining commodities. Radon is a radioactive
gas and diffuses into the underground mine atmosphere through the rock
and the ground water. Radon decays in a series of steps into other
radioactive elements, which are solids, called radon daughters or decay
products. Radon and radon daughters are invisible and odorless. Radon
decay results in emissions of ionizing alpha radiation.
Medical doctors and scientists have associated high radon daughter
exposures with lung cancer. The health hazard arises from breathing air
contaminated with radon decay products which are in turn deposited in
the lungs. The lung tissues are sensitive to alpha radioactivity.
Excess lung cancer in uranium miners, just as coal workers'
pneumoconiosis, silicosis, and other debilitating occupational
diseases, has been recognized for many years. Thus, an adequate
database of accurate exposure level results is essential to control
miners' exposures and permit an evaluation of the effectiveness of
existing regulations.
Burden costs associated with this ICR include:
1. Calculating and recording radon daughter exposure samples.
2. Calculating and recording induvial exposure records.
3. Submitting annual exposure reports to MSHA.
4. Providing exposure records to miners.
5. MSHA providing exposure forms to mine operators.
6. Posting signage at inactive working areas.
The associated standards that authorize the collection of
information are described below.
1. Calculating and Recording Radon Daughter Exposure Samples
Under 30 CFR 57.5037(a), in all mines at least one sample shall be
taken in exhaust mine air by a competent person to determine if
concentrations of radon daughters are present. Sampling shall be done
using suggested equipment and procedures described in section 14.3 of
ANSI N13.8-1973, entitled ``American National Standard Radiation
Protection in Uranium Mines,'' approved July 18, 1973, pages 13-15, by
the American National Standards Institute, Inc., which is incorporated
by reference and made a part of the standard or equivalent procedures
and equipment acceptable to MSHA. The mine operator may request that
the required exhaust mine air sampling be done by MSHA. If
concentrations of radon daughters in excess of 0.1 working levels (WL)
are found in an exhaust air sample, thereafter--
(1) Where uranium is mined--radon daughter concentrations
representative of worker's breathing zone shall be determined at least
every two weeks at random times in all active working areas such as
stopes, drift headings, travelways, haulageways, shops, stations, lunch
rooms, magazines, and any other place or location where persons work,
travel, or congregate. However, if concentrations of radon daughters
are found in excess of 0.3 WL in an active working area, radon daughter
concentrations thereafter shall be determined weekly in that working
area until such time as the weekly determinations in that area have
been 0.3 WL or less for 5 consecutive weeks.
(2) Where uranium is not mined--when radon daughter concentrations
between 0.1 and 0.3 WL are found in an active working area, radon
daughter concentration measurements representative of worker's
breathing zone shall be determined at least every 3 months at random
times until such time as the radon daughter concentrations in that area
are below 0.1 WL, and annually thereafter. If concentrations of radon
daughters are found in excess of 0.3 WL in an active working area radon
daughter concentrations thereafter shall be determined at least weekly
in that working area until such time as the weekly determinations in
that area have been 0.3 WL or less for 5 consecutive weeks.
Under 30 CFR 57.5037(b), if concentrations of radon daughters less
than 0.1 WL are found in an exhaust mine air sample, thereafter:
(1) Where uranium is mined--at least one sample shall be taken in
the exhaust mine air monthly.
(2) Where uranium is not mined--no further exhaust mine air
sampling is required.
Under 30 CFR 57.5037(c), the sample date, locations, and results
obtained under (a) and (b) above shall be recorded and retained at the
mine site or nearest mine office for at least two years and shall be
made available for inspection by the Secretary or his authorized
representative.
2. Calculating and Recording Individual Exposure Records
Under 30 CFR 57.5040(a), the operator shall calculate and record
complete individual exposures to concentrations of radon daughters as
follows:
(1) Where uranium is mined--the complete individual exposures of
all mine personnel working underground shall be calculated and
recorded. These records shall include the individual's time in each
active working area such as stopes, drift headings, travelways,
haulageways, shops, stations, lunch rooms, magazines and any other
place or location where persons work, travel or congregate, and the
concentration of airborne radon daughters for each active working area.
(2) Where uranium is not mined--the complete individual exposure of
all mine personnel working in active working areas with radon daughter
concentrations in excess of 0.3 WL shall be calculated and recorded.
These records shall include the individual's time in each active
working area and the concentrations of airborne radon daughters for
each active working area. The operator may discontinue calculating and
recording the individual exposures of any personnel assigned to work in
active working areas where radon daughter concentrations have been
reduced to 0.3 WL or less for 5 consecutive weeks provided that such
exposure calculation and recordation shall not be discontinued with
respect to any person who has accumulated more exposure than \1/12\,
(one-twelfth) of a working level months (WLM) times the number of
months for which exposures have been calculated and recorded in the
calendar year in which the exposure calculation and recordation is
proposed to be discontinued.
[[Page 14591]]
Under 30 CFR 57.5040(b)(1), the operator shall maintain the form
entitled ``Record of Individual Exposure to Radon Daughters'' (Form
4000-9), or equivalent forms that are acceptable to the MSHA, on which
there shall be recorded the specific information required by the form
with respect to each person's time-weighted current and cumulative
exposure to concentrations of radon daughters. The form entitled
``Record of Individual Exposure to Radon Daughters'' (Form 4000-9),
shall consist of an original of each form for the operator's records
which shall be available for examination by the Secretary or his
authorized representative.
3. Submitting Annual Exposure Reports to MSHA
Under 30 CFR 57.5040(b)(2), on or before February 15 of each
calendar year, or within 45 days after the shutdown of mining
operations for the calendar year, each mine operator shall submit to
MSHA a copy of the ``Record of Individual Exposure to Radon Daughters''
(Form 4000-9), or acceptable equivalent form, showing the data required
by the form for all personnel for whom calculation and recording of
exposure was required during the previous calendar year.
Under 30 CFR 57.5040(b)(3), errors detected by the operator shall
be corrected on any forms kept by the operator and a corrected copy of
any forms submitted to MSHA shall be submitted to the Mine Safety
within 60 days of detection and shall identify the errors and indicate
the date the corrections are made.
Under 30 CFR 57.5040(b)(4), the operator's records of individual
exposure to concentrations of radon daughters and copies of ``Record of
Individual Exposure to Radon Daughters'' (Form 4000-9) or acceptable
equivalent form or true legible facsimiles thereof (microfilm or
other), shall be retained at the mine or nearest mine office for a
period as specified in paragraph 9.8, ANSI N13.8-1973, or shall be
submitted to MSHA. These records, if retained by the operator, shall be
open for inspection by the Secretary of Labor, his authorized
representative, and authorized representatives of the official mine
inspection agency of the State in which the mine is located.
4. Providing Exposure Records to Miners
Under 30 CFR 57.5040(b)(5), upon written request from a person who
is a subject of [radon daughter exposure] records, a statement of the
year-to-date and cumulative exposure applicable to that person shall be
provided to the person or to whomever such person designates.
5. MSHA Providing Exposure Forms to Mine Operators
Under 30 CFR 57.5040(b)(6), the blank form entitled ``Record of
Individual Exposure to Radon Daughters'' (Form 4000-9) may be obtained
on request from any MSHA District Office.
6. Posting Signage at Inactive Working Areas
Under 30 CFR 57.5045, inactive workings in which radon daughter
concentrations are above 1.0 WL, shall be posted against unauthorized
entry and designated by signs indicating them as areas in which
approved respirators shall be worn.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Radiation Sampling and Exposure Records.'' MSHA is
particularly interested in comments that:
<bullet> Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The 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 202-693-9440 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 Radiation Sampling and Exposure
Records. 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: 1219-0003.
Affected Public: Business or other for-profit entity.
Number of Annual Respondents: 4.
Frequency: On occasion.
Number of Annual Responses: 404.
Annual Time Burden: 402 hours.
Annual Recordkeeping Costs $20.
MSHA Form: MSHA Form 4000-9, Record of Individual Exposure to Radon
Daughters.
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 D. Senk,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2026-05777 Filed 3-24-26; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on March 25, 2026.
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.