[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81942-81949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23373]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0088]


Proposed Extension of Information Collection; Ventilation Plans, 
Tests, and Examinations in Underground Coal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor (DOL), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on proposed collections 
of information, in accordance with the Paperwork Reduction Act of 1995. 
This program helps to ensure that requested data can be provided in the 
desired format, reporting burden (time and financial resources) is 
minimized, collection instruments are clearly understood, and the 
impact of collection requirements on respondents can be properly 
assessed. The Mine Safety and Health Administration (MSHA) is 
soliciting comments on the information collection entitled Ventilation 
Plans, Tests, and Examinations in Underground Coal Mines.

DATES: All comments must be received on or before December 9, 2024.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below. Please 
note that late comments received after the deadline will not be 
considered.
    <bullet> Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2024-0022.
    <bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, 4th Floor West, 
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment.
    <bullet> MSHA will post all comments as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of 
Standards, Regulations, and Variances, MSHA, at 
<a href="/cdn-cgi/l/email-protection#58150b10197631363e372a35392c313736763b3734343d3b2c3137362b183c3734763f372e"><span class="__cf_email__" data-cfemail="08455b40492661666e677a65697c616766266b6764646d6b7c6167667b486c6764266f677e">[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.

B. Information Collection

    In order to fulfill the statutory mandates to promote miners' 
health and safety, MSHA requires the collection of information under 
the information collection request entitled Ventilation Plans, Tests, 
and Examinations in Underground Coal Mines. The information collection 
is intended to ensure that required ventilation-related tests and 
examinations are made and that ventilation systems in underground coal 
mines are maintained.
    Section 303(a) of the Mine Act, 30 U.S.C. 863(a), requires that all 
underground coal mines be ventilated by mechanical ventilation 
equipment installed and operated in a manner approved by an authorized 
representative of the Secretary and that such equipment be examined 
daily, and a record be kept of such examination.
    Underground coal mines present potentially harsh and hostile 
working environments. The mine ventilation system is the most vital 
life support system in underground mining and a properly operating 
ventilation system is essential for maintaining a safe and healthy 
working environment. Lack of

[[Page 81943]]

adequate ventilation in underground mines can result in fatalities from 
asphyxiation and explosions.
    An underground mine is a series of tunnels that must be adequately 
ventilated with fresh air to provide a safe environment for miners. 
Methane, and other noxious gases and dusts are liberated from the 
strata during blasting, operating diesel equipment, and from other 
mining activities. The explosive and noxious gases and dusts must be 
diluted, rendered harmless, and carried to the surface by the 
ventilating currents. Sufficient air must be provided to maintain the 
level of respirable dust at or below specific exposure limits and air 
quality must be maintained in accordance with MSHA standards. 
Mechanical ventilation equipment of sufficient capacity must be 
operating at all times while miners are in the mine. Additionally, 
ground conditions are subject to frequent changes; thus, frequent tests 
and examinations are necessary to ensure the integrity of the 
ventilation system and to detect any changes that may require 
adjustments to the system.
    Records of tests and examinations are necessary to ensure that the 
ventilation system is being maintained and changes that could adversely 
affect the integrity of the ventilation system or the safety of the 
miners are not occurring. These examination, reporting, and 
recordkeeping requirements found in 30 CFR 75.310, 75.312, 75.342, 
75.351, 75.360 through 75.364, 75.370, 75.371, and 75.382 incorporate 
examinations of other critical aspects of the underground coal mine 
work environment such as roof conditions and electrical equipment, that 
have historically caused numerous fatalities when not properly 
maintained and operated.
1. Installation of Main Mine Fans (30 CFR 75.310)
    Maintaining proper ventilation is essential to miner safety. To 
ensure that ventilation systems are functioning properly, MSHA requires 
that main mine fan monitoring system records be continuously collected 
and reviewed on the surface by a responsible person designated by the 
operator with adequate communication channels, under 30 CFR 
75.310(a)(4) and (c).
    Under 30 CFR 75.310(a)(4), mine operators are required to equip 
each main mine fan with a pressure recording device or system. If a 
device or system other than a circular pressure recorder is used to 
monitor main mine fan pressure, the device or system used must provide 
a continuous graph or continuous chart of the pressure as a function of 
time. At not more than 7-day intervals, a hard copy of the continuous 
graph or chart must be generated, or the record of the fan pressure 
must be stored electronically. When records of fan pressure are stored 
electronically, the system used to store these records must be secure, 
not susceptible to alteration, and be capable of storing the required 
data. Records of the fan pressure must be retained at a surface 
location at the mine for at least 1 year and be made available for 
inspection by authorized representatives of the Secretary and the 
representative of miners.
    Under 30 CFR 75.310(c), if a main mine fan monitoring system is 
used under section 75.312, the system must:
    (1) record the mine ventilating pressure;
    (2) monitor bearing temperature, revolutions per minute, vibration, 
electric voltage, and amperage;
    (3) provide a printout of the monitored parameters, including the 
mine ventilating pressure within a reasonable period, not to exceed the 
end of the next scheduled shift during which miners are underground; 
and
    (4) be equipped with an automatic device that signals when an 
electrical or mechanical deficiency exists in the monitoring system or 
a sudden increase or loss in mine ventilating pressure occurs.
    Under 30 CFR 75.310(c)(5), the main mine fan monitoring system must 
provide monitoring, records, printouts, and signals required by 
paragraphs (c)(1) through (c)(4) at a surface location at the mine 
where a responsible person designated by the operator is always on duty 
and where signals from the monitoring system can be seen or heard while 
anyone is underground. This person must be provided with two-way 
communication with the working sections and workstations where persons 
are routinely assigned to work for the majority of a shift.
2. Main Mine Fan Examinations and Records (30 CFR 75.312)
    Main mine fans are used in all underground coal mines and can move 
large volumes of air through mines to expel methane and other noxious 
gases. These mine fan systems are integral to maintaining air quality 
to ensure miners' health and safety.
2-1. Main Mine Fan Daily Examinations and Records (30 CFR 75.312(a) and 
(g)(1))
    To ensure that main mine fans are functioning properly, each main 
mine fan and its components must be examined each day that the mine is 
operational, and the records must be documented.
    Under 30 CFR 75.312(a), to assure their electrical and mechanical 
reliability, each main mine fan and its associated components, 
including devices for measuring or recording mine ventilation pressure, 
must be examined for proper operation by a trained person designated by 
the operator. Examinations of main mine fans must be made at least once 
each day that the fan operates, unless a fan monitoring system is used. 
No examination is required on any day when no one, including certified 
persons, goes underground, except that an examination must be completed 
prior to anyone entering the mine.
    Under 30 CFR 75.312(g)(1), by the end of the shift on which the 
examination is made, persons making main mine fan examinations must 
record all uncorrected defects that may affect the operation of the fan 
that are not corrected by the end of that shift. Records must be 
maintained in a secure book that is not susceptible to alteration or 
electronically in a computer system so as to be secure and not 
susceptible to alteration.
2-2. Main Mine Fan at Use Examination and Records (30 CFR 75.312(b) and 
(g)(2))
    Regular review of the fan monitoring system data is important to 
miner health and safety so that any issues can be averted in a timely 
manner. A trained individual must review data on the main mine fan 
monitoring system daily, examine each main mine fan every 7 days, 
create certified copies of the data, and make records of any 
malfunction that occurs. These are required under 30 CFR 75.312(b) and 
(g)(2).
    Under 30 CFR 75.312(b)(1)(i), if a main mine fan monitoring system 
is used, a trained person designated by the operator must at least once 
each day review the data provided by the fan monitoring system to 
assure that the fan and the fan monitoring system are operating 
properly. No review is required on any day when no one, including 
certified persons, goes underground, except that a review of the data 
must be performed prior to anyone entering the underground portion of 
the mine. Data reviewed must include the fan pressure, bearing 
temperature, revolutions per minute, vibration, electric voltage, and 
amperage.
    Under 30 CFR 75.312(b)(1)(ii), a trained person must at least every 
7 days test the monitoring system for proper operation and examine each 
main mine fan and its associated components to assure electrical and

[[Page 81944]]

mechanical reliability of main mine fans. Under 30 CFR 75.312(b)(2), if 
the monitoring system malfunctions, the malfunction must be corrected, 
or examined by a trained person as defined in 75.312(a).
    Under 30 CFR 75.312(g)(2)(i), when a fan monitoring system is used 
in lieu of the daily fan examination, the certified copies of data 
produced by fan monitoring systems must be maintained separate from 
other computer-generated reports or data. Under 30 CFR 75.312(g)(2)(ii) 
a record must be made of any fan monitoring system malfunctions, 
electrical or mechanical deficiencies in the monitoring system and any 
sudden increase or loss in mine ventilating pressure. The record must 
be made by the end of the shift on which the review of the data is 
completed and must be maintained in a secure book that is not 
susceptible to alteration or electronically in a computer system so as 
to be secure and not susceptible to alteration.
2-3. Main Mine Fan Monthly Examination and Records (30 CFR 75.312(c), 
(d) and (g)(3))
    To ensure that the automatic fan signal device and automatic doors 
on each main mine fan are working, mine operators must test these 
systems monthly by those qualified to do so. This testing is required 
under 30 CFR 75.312(c) and (d), and the record of that test is required 
under 30 CFR 75.312(g)(3).
    Under 30 CFR 75.312(c) and (d), at least every 31 days, the 
automatic fan signal device for each main mine fan and automatic 
closing doors in multiple main mine fan systems must be tested by 
stopping the fan. Only persons necessary to evaluate the effect of the 
fan stoppage or restart, or to perform maintenance or repair work that 
cannot otherwise be made while the fan is operating, is permitted 
underground. Notwithstanding the provisions of section 75.311, 
underground power may remain energized during this test provided no one 
is underground. If the fan is not restarted within 15 minutes, 
underground power must be deenergized and no one is allowed to enter 
any underground area of the mine until the fan is restarted and an 
examination of the mine is conducted as described in paragraphs 75.360 
(b) through (e) and the mine has been determined to be safe.
    Under 30 CFR 75.312(g)(3), by the end of the shift on which the 
monthly test of the automatic fan signal device or the automatic 
closing doors is completed, persons making these tests must record the 
results of the tests. Records must be maintained in a secure book that 
is not susceptible to alteration or electronically in a computer system 
so as to be secure and not susceptible to alteration.
2-4. Certification (30 CFR 75.312(f)(1) and (f)(2))
    Documentation of main mine fan examinations must be kept under 30 
CFR 75.312(f)(1) along with documentation of the data review from the 
main mine fan monitoring system under 30 CFR.312(f)(2).
    Under 30 CFR 75.312(f)(1), persons making main mine fan 
examinations must certify by initials and date at the fan or another 
location specified by the operator that the examinations were made. 
Each certification must identify the main mine fan examined.
    Under 30 CFR 75.312(f)(2), persons reviewing data produced by a 
main mine fan monitoring system must certify by initials and date on a 
printed copy of the data from the system that the review was completed. 
In lieu of certification on a copy of the data, the person reviewing 
the data may certify electronically that the review was completed. 
Electronic certification must be by handwritten initials and date in a 
computer system so as to be secure and not susceptible to alteration.
2-5. Retention Periods (30 CFR 75.312(h))
    Mine records must be retained for 1 year so that issues can be 
properly investigated if needed. Under 30 CFR 75.312(h), records, 
including records of mine fan pressure and the certified copies of data 
produced by fan monitoring systems, 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.
3. Methane Monitors (30 CFR 75.342(a))
    Methane monitors are an important warning system throughout mines 
and must be installed and maintained in order to ensure miner safety.
    Under 30 CFR 75.342(a)(1), MSHA approved methane monitors must be 
installed on all face cutting machines, continuous miners, longwall 
face equipment, loading machines, and other mechanized equipment used 
to extract or load coal within the working place.
    Under 30 CFR 75.342(a)(4), methane monitors must be maintained in 
permissible and proper operating condition and must be calibrated with 
a known air-methane mixture at least once every 31 days. To assure that 
methane monitors are properly maintained and calibrated, the operator 
must:
    (i) Use persons properly trained in the maintenance, calibration, 
and permissibility of methane monitors to calibrate and maintain the 
devices.
    (ii) Maintain a record of all calibration tests of methane 
monitors. Records must be maintained in a secure book that is not 
susceptible to alteration or electronically in a computer system so as 
to be secure and not susceptible to alteration.
    (iii) Retain the record of calibration tests for 1 year from the 
date of the test. Records must be retained at a surface location at the 
mine and made available for inspection by authorized representatives of 
the Secretary and the representative of miners.
4. Atmospheric Monitoring Systems (30 CFR 75.351)
    Regular documentation of the atmospheric monitoring system is 
necessary due to the importance of the Atmospheric Monitoring System 
(AMS) to miner safety and health. Regular maintenance and any signals 
or malfunctions must be recorded, and operators must be trained on an 
annual basis.
    Under 30 CFR 75.351(o)(1), when an AMS is used to comply with 30 
CFR 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 
75.350(d), or 75.362(f), individuals designated by the mine operator 
must make the following records by the end of the shift in which the 
following event(s) occur:
    (i) If an alert or alarm signal occurs, a record of the date, time, 
location and type of sensor, and the cause for the activation.
    (ii) If an AMS malfunctions, a record of the date, the extent and 
cause of the malfunction, and the corrective action taken to return the 
system to proper operation.
    (iii) A record of the seven-day tests of alert and alarm signals; 
calibrations; and maintenance of the AMS must be made by the person(s) 
performing these actions.
    Under 30 CFR 75.351(o)(2), the person entering the record must 
include their name, date, and signature in the record. Under 30 CFR 
75.351(o)(3), the records required by this section must be kept either 
in a secure book that is not susceptible to alteration, or 
electronically in a computer system that is secure and not susceptible 
to alteration. These records must be maintained separately from other 
records and identifiable by a title, such as the `AMS log.'
    Under 30 CFR 75.351(p), records must be retained for at least 1 
year at a surface

[[Page 81945]]

location at the mine and made available for inspection by miners and 
authorized representatives of the Secretary.
    Under 30 CFR 75.351(q)(1), all AMS operators must be trained 
annually in the proper operation of the AMS, conducted as part of a 
miner's part 48 new miner training (30 CFR 48.5), experienced miner 
training (30 CFR 48.6), or annual refresher training (30 CFR 48.8). 
Recordkeeping requirements related to training records requirements are 
covered in two currently approved ICRs under:
    <bullet> OMB Control Number 1219-0009, Certificate of Training, 
which covers miners working in underground mines (30 CFR part 48 
Subpart A) and surface mines and surface areas of underground mines (30 
CFR part 48 Subpart B).
    <bullet> OMB Control Number 1219-0131, Training Plans, New Miner 
Training, Newly-hired Experienced Miner Training, which covers miners 
engaged in shell dredging or employed at sand, gravel, surface stone, 
surface clay, colloidal phosphate, or surface limestone mines (30 CFR 
part 46).
5. Preshift Examinations at Fixed Intervals (30 CFR 75.360)
    Examining the work area where miners will work or travel 
underground is imperative to establishing a safe work environment. In 
most cases, a work area must be examined by a certified person within 3 
hours of the start of a shift, though there are exceptions. 
Documentation of hazardous conditions and any violations must be 
documented before any non-certified individuals enter the underground 
area.
    Under 30 CFR 75.360(a)(1), except as provided in paragraph (a)(2) 
of this section, a certified person designated by the operator must 
make a preshift examination within 3 hours preceding the beginning of 
any 8-hour interval during which any person is scheduled to work or 
travel underground. No person other than certified examiners may enter 
or remain in any underground area unless a preshift examination has 
been completed for the established 8-hour interval. The operator must 
establish 8-hour intervals of time subject to the required preshift 
examinations.
    Under 30 CFR 75.360(a)(2), preshift examinations of areas where 
pumpers are scheduled to work or travel are not required prior to the 
pumper entering the areas if the pumper is a certified person and the 
pumper conducts an examination for hazardous conditions and violations 
of the mandatory health or safety standards referenced in paragraph 
(b)(11) of this section, tests for methane and oxygen deficiency, and 
determines if the air is moving in its proper direction in the area 
where the pumper works or travels. The examination of the area must be 
completed before the pumper performs any other work. A record of all 
hazardous conditions and violations of the mandatory health or safety 
standards found by the pumper must be made and retained in accordance 
with 30 CFR 75.363.
    Under 30 CFR 75.360(b), the person conducting the preshift 
examination must examine for hazardous conditions and violations of the 
mandatory health or safety standards referenced in paragraph (b)(11) of 
this section, test for methane and oxygen deficiency, and determine if 
the air is moving in its proper direction at the locations described in 
sections 30 CFR 75.360(b)(1) through (10).
    Under 30 CFR 75.360(f), at each working place examined, the person 
doing the preshift examination must certify by initials, date, and the 
time, that the examination was made. In areas required to be examined 
outby a working section, the certified person must certify by initials, 
date, and the time at enough locations to show that the entire area has 
been examined.
    Under 30 CFR 75.360(g), a record of the results of each preshift 
examination, including a record of hazardous conditions and violations 
of the nine mandatory health or safety standards and their locations 
found by the examiner during each examination, and of the results and 
locations of air and methane measurements, must be made on the surface 
before any persons, other than certified persons conducting 
examinations required by this subpart, enter any underground area of 
the mine. The results of methane tests must be recorded as the 
percentage of methane measured by the examiner. The record must be made 
by the certified person who made the examination or by a person 
designated by the operator. If the record is made by someone other than 
the examiner, the examiner must verify the record by initials and date 
by or at the end of the shift for which the examination was made. A 
record must also be made by a certified person of the action taken to 
correct hazardous conditions and violations of mandatory health or 
safety standards found during the preshift examination. All preshift 
and corrective action records must be countersigned by the mine foreman 
or equivalent mine official by the end of the mine foreman's or 
equivalent mine official's next regularly scheduled working shift. The 
records required by this section must be made in a secure book that is 
not susceptible to alteration or electronically in a computer system so 
as to be secure and not susceptible to alteration.
    Under 30 CFR 75.360(h), these records must be retained at a surface 
location at the mine for at least 1 year and be made available for 
inspection by authorized representatives of the Secretary and the 
representative of miners.
6. On-Shift Examinations (30 CFR 75.362)
    During periods of multiple shifts, several examinations must take 
place between shifts or shortly after a shift change. Examinations for 
respirable dust controls, hazardous conditions and violations of 
mandatory health or safety standards, methane and oxygen deficiency, 
and proper air movement must take place and be certified and 
countersigned by the mine foreman.
6-1. On-Shift Examinations for Hazardous Conditions (30 CFR 
75.362(a)(1))
    Under 30 CFR 75.362(a)(1), at least once during each shift, or more 
often if necessary for safety, a certified person designated by the 
operator must conduct an on-shift examination of each section where 
anyone is assigned to work during the shift and any area where 
mechanized mining equipment is being installed or removed during the 
shift. The certified person must check for hazardous conditions and 
violations of the mandatory health or safety standards referenced in 
paragraph (a)(3) of this section, test for methane and oxygen 
deficiency, and determine if the air is moving in its proper direction.
6-2. On-Shift Examinations for Respirable Dust (30 CFR 75.362(a)(2))
    Under 30 CFR 75.362(a)(2), a person designated by the operator must 
conduct an examination and record the results and the corrective 
actions taken to assure compliance with the respirable dust control 
parameters specified in the approved mine ventilation plan. In those 
instances when a shift change is accomplished without an interruption 
in production on a section, the examination must be made anytime within 
1 hour after the shift change. In those instances when there is an 
interruption in production during the shift change, the examination 
must be made before production begins on a section. Deficiencies in 
dust controls must be corrected before production begins or resumes. 
The examination must include: Air quantities and velocities; water 
pressures and flow rates; excessive leakage in the water delivery 
system; water spray numbers

[[Page 81946]]

and orientations; section ventilation and control device placement; 
roof bolting machine dust collector vacuum levels; scrubber air flow 
rate; work practices required by the ventilation plan; and any other 
dust suppression measures. Measurements of the air velocity and 
quantity, water pressure and flow rates are not required if continuous 
monitoring of these controls is used and indicates that the dust 
controls are functioning properly.
6-3. Certification (30 CFR 75.362(g))
    Documentation of on-shift examinations in belt haulage entries must 
be made and retained under 30 CFR 75.362(g).
    Under 30 CFR 75.362(g)(1), the person conducting the on-shift 
examination in belt haulage entries must certify by initials, date, and 
time that the examination was made. The certified person must certify 
by initials, date, and the time at enough locations to show that the 
entire area has been examined.
    Under 30 CFR 75.362(g)(2), the certified person directing the on-
shift examination to assure compliance with the respirable dust control 
parameters specified in the approved mine ventilation plan must:
    (i) Certify by initials, date, and time on a board maintained at 
the section load-out or similar location showing that the examination 
was made prior to resuming production; and
    (ii) Verify, by initials and date, the record of the results of the 
examination required under (a)(2) of this section to assure compliance 
with the respirable dust control parameters specified in the mine 
ventilation plan. The verification must be made no later than the end 
of the shift for which the examination was made.
    Under 30 CFR 75.362(g)(3), the mine foreman or equivalent mine 
official must countersign each examination record required under (a)(2) 
of this section after it is verified by the certified person under 
(g)(2)(ii) of this section, and no later than the end of the mine 
foreman's or equivalent mine official's next regularly scheduled 
working shift. The record must be made in a secure book that is not 
susceptible to alteration or electronically in a computer system so as 
to be secure and not susceptible to alteration.
    Under 30 CFR 75.362(g)(4), 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.
7. Supplemental Examinations for Hazardous Conditions and Violations of 
Mandatory Health or Safety Standards (30 CFR 75.361 and 75.363)
    Supplemental examinations must be made when violations and 
hazardous conditions are identified during regular examinations. 
Hazardous conditions that are identified must be posted with a danger 
sign until the conditions are corrected. Records of these incidents 
must be made by a certified individual or other authorized individual 
and must be kept for 1 year.
7-1. Supplemental Examination for Hazardous Conditions (30 CFR 75.361 
and 75.363(a))
    Under 30 CFR 75.361(a)(1), except for certified persons conducting 
examinations required by this subpart, within 3 hours before anyone 
enters an area in which a preshift examination has not been made for 
that shift, a certified person must examine the area for hazardous 
conditions and violations of the mandatory health or safety standards 
referenced in paragraph (a)(2) of this section, determine whether the 
air is traveling in its proper direction and at its normal volume, and 
test for methane and oxygen deficiency.
    Under 30 CFR 75.361(a)(2) supplemental examinations must include 
examinations to identify violations of the standards listed below: roof 
control; ventilation, methane; accumulations of combustible materials 
and application of rock dust; other safeguards, limited to maintenance 
of travelways along belt conveyors, off track haulage roadways, and 
track haulage, track switches, and other components for haulage; 
guarding moving machine parts; and maintenance of belt conveyor 
components.
    Under 30 CFR 75.361(b), at each working place examined, the person 
making the supplemental examination must certify by initials, date, and 
the time, that the examination was made. In areas required to be 
examined outby a working section, the certified person must certify by 
initials, date, and the time at enough locations to show that the 
entire area has been examined.
    Under 30 CFR 75.363(a), any hazardous condition found by the mine 
foreman or equivalent mine official, assistant mine foreman or 
equivalent mine official, or other certified persons designated by the 
operator for the purposes of conducting examinations under this subpart 
D--Ventilation, must be posted with a conspicuous danger sign where 
anyone entering the areas would pass. A hazardous condition must be 
corrected immediately or the area must remain posted until the 
hazardous condition is corrected. If the condition creates an imminent 
danger, everyone except those persons referred to in section 104(c) of 
the Mine Act must be withdrawn from the area affected to a safe area 
until the hazardous condition is corrected. Only persons designated by 
the operator to correct or evaluate the hazardous condition may enter 
the posted area. Any violation of a mandatory health or safety standard 
found during a preshift, supplemental, on-shift, or weekly examination 
must be corrected.
7-2. Violations of Mandatory Health or Safety Standards (30 CFR 
75.363(b))
    Under 30 CFR 75.363(b), a record must be made of any hazardous 
condition and any violation of the nine mandatory health or safety 
standards found by the mine examiner. This record must be kept in a 
book maintained for this purpose on the surface at the mine. The record 
must be made by the completion of the shift on which the hazardous 
condition or violation of the nine mandatory health or safety standards 
is found and must include the nature and location of the hazardous 
condition or violation and the corrective action taken. This record is 
not required for shifts when no hazardous conditions or violations of 
the nine mandatory health or safety standards are found.
7-3. Recordkeeping and Retention (30 CFR 75.363(c) and (d))
    Under 30 CFR 75.363(c), the record must be made by the certified 
person who conducted the examination or a person designated by the 
operator. If made by a person other than the certified person, the 
certified person must verify the record by initials and date by or at 
the end of the shift for which the examination was made. Records must 
be countersigned by the mine foreman or equivalent mine official by the 
end of the mine foreman's or equivalent mine official's next regularly 
scheduled working shift. The record must be made in a secure book that 
is not susceptible to alteration or electronically in a computer system 
so as to be secure and not susceptible to alteration.
    Under 30 CFR 75.363(d), 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 81947]]

8. Weekly Examinations (30 CFR 75.364)
    Weekly examinations are another component of keeping miners safe 
and healthy. Examinations of unsealed worked-out areas must include the 
measurements of methane and oxygen concentrations and other 
measurements such as air quantity. The results of the examinations must 
be recorded before the end of the shift during which they were 
performed. In addition, hazardous conditions examinations must take 
place weekly, and any hazardous conditions identified must be corrected 
immediately. If the hazard poses danger, all unnecessary individuals 
must be removed from the area. Finally, the records of these 
examinations must be recorded and certified.
8-1. Weekly Examination of Worked-Out Areas (30 CFR 75.364(a) and (h))
    Under 30 CFR 75.364(a)(1), at least every 7 days, a certified 
person must examine unsealed worked-out areas where no pillars have 
been recovered by traveling to the area of deepest penetration; 
measuring methane and oxygen concentrations and air quantities and 
making tests to determine if the air is moving in the proper direction 
in the area. The locations of measurement points where tests and 
measurements will be performed must be included in the mine ventilation 
plan and must be adequate in number and location to assure ventilation 
and air quality in the area. Air quantity measurements must also be 
made where the air enters and leaves the worked-out area. An 
alternative method of evaluating the ventilation of the area may be 
approved in the ventilation plan.
    Under 30 CFR 75.364(h), at the completion of any shift during which 
a portion of a weekly examination is conducted, a record of the results 
of each weekly examination, including a record of hazardous conditions 
and violations of the nine mandatory health or safety standards found 
during each examination and their locations, the corrective action 
taken, and the results and location of air and methane measurements, 
must be made. The results of methane tests must be recorded as the 
percentage of methane measured by the examiner. The record must be made 
by the person making the examination or a person designated by the 
operator. If made by a person other than the examiner, the examiner 
must verify the record by initials and date by or at the end of the 
shift for which the examination was made. The record must be 
countersigned by the mine foreman or equivalent mine official by the 
end of the mine foreman's or equivalent mine official's next regularly 
scheduled working shift. The records required by this section must be 
made in a secure book that is not susceptible to alteration or 
electronically in a computer system so as to be secure and not 
susceptible to alteration.
8-2. Weekly Examination of Hazardous Conditions (30 CFR 75.364(b) and 
(d))
    Under 30 CFR 75.364(b), at least every 7 days, an examination for 
hazardous conditions and violations of the mandatory health or safety 
standards referenced in paragraph (b)(8) of this section must be made 
by a certified person designated by the operator at locations listed in 
paragraphs (b)(1) through (b)(7) of this section.
    Under 30 CFR 75.364(d), hazardous conditions must be corrected 
immediately. If the condition creates an imminent danger, everyone 
except those persons referred to in section 104(c) of the Mine Act must 
be withdrawn from the area affected to a safe area until the hazardous 
condition is corrected. Any violation of the nine mandatory health or 
safety standards found during a weekly examination must be corrected.
8-3. Certification, Recordkeeping and Retention (30 CFR 75.363(g), (h), 
and (i))
    Under 30 CFR 75.364(g), the person making the weekly examinations 
must certify by initials, date, and the time that the examination was 
made. Certifications and times must appear at enough locations to show 
that the entire area has been examined.
    Under 30 CFR 75.364(i), 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.
9. Submission and Approval of Mine Ventilation Plan (30 CFR 75.370 and 
75.371)
    Mine operators must create a written ventilation plan for each mine 
to control methane and respirable dust. The written plan must be 
approved by the district manager along with any revisions. To best 
protect miners, the ventilation plan must be given to the 
representative of miners at least 5 days before submitting the plan and 
allowed feedback from the representative. Finally, the plan must be 
approved by the district manager and reviewed by MSHA every 6 months.
9-1. Mine Ventilation Plans (30 CFR 75.370(a)(1) and (2))
    Under 30 CFR 75.370(a)(1), the mine operator must develop and 
follow a ventilation plan approved by the district manager. The plan 
must be designed to control methane and respirable dust and must be 
suitable to the conditions and mining system at the mine. The 
ventilation plan must consist of two parts, the plan content as 
prescribed in 30 CFR 75.371 and the ventilation map with information as 
prescribed in section 75.372. Only that portion of the map which 
contains information required under 30 CFR 75.371 will be subject to 
approval by the district manager.
    Under 30 CFR 75.370(a)(2), the proposed ventilation plan and any 
revision to the must be submitted in writing to the district manager. 
When revisions to a ventilation plan are proposed, only the revised 
pages, maps, or sketches of the plan need to be submitted. When 
required in writing by the district manager, the operator must submit a 
fully revised plan by consolidating the plan and all revisions in an 
orderly manner and by deleting all outdated material.
9-2. Mine Ventilation Plan Contents for Diesel-Powered Equipment (30 
CFR 75.371)
    The contents of mine ventilation plan are described in detail in 30 
CFR 75.371. Mine operators utilizing diesel-powered equipment in 
underground coal mines must submit to the appropriate MSHA District 
Manager a revised ventilation plan or appropriate amendments to the 
existing plan, in accordance with requirements in 30 CFR 75.325 (air 
quality) and 70.1900 (exhaust gas monitoring) for approval.
    If diesel-powered equipment is used in underground coal mines, the 
mine ventilation plan must include the following information:
    (1) The minimum quantity of air that will be provided during the 
installation and removal of mechanized mining equipment, the location 
where this quantity will be provided, and the ventilation controls that 
will be used (see 30 CFR 75.371(r)).
    (2) Location where the air quantity will be maintained at the 
section loading point (see 30 CFR 75.371(tt)).
    (3) Areas designated by the district manager where measurements of 
CO and NO<INF>2</INF> concentrations will be made (see 30 CFR 
75.371(ss)).
    (4) Any additional location(s) required by the district manager 
where a minimum air quantity must be maintained for an individual unit 
of

[[Page 81948]]

diesel-powered equipment. (see 30 CFR 75.371(uu)).
    (5) The minimum air quantities that will be provided where multiple 
units of diesel-powered equipment are operated (see 30 CFR 75.371(vv)).
    (6) The diesel-powered mining equipment excluded from the 
calculation under 30 CFR 75.325(g) (see 30 CFR 75.371(ww)).
    (7) Action levels higher than the 50 percent level specified by 30 
CFR 70.1900(c) (see 30 CFR 75.371(xx)).
9-3. Miner Notification; Copies of Ventilation Plan Revisions 30 CFR 
75.370
    Under 30 CFR 75.370(a)(3), the mine operator must notify the 
representative of miners at least 5 days prior to submission 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 plan revision, 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. A copy of the proposed ventilation plan, and a copy 
of any proposed revision, submitted for approval must be made available 
for inspection by the representative of miners. A copy of the proposed 
ventilation plan, and a copy of any proposed revision, submitted 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(b), following receipt of the proposed 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.
    Under 30 CFR 75.370(c), the district manager will notify the 
operator in writing of the approval or denial of approval of a proposed 
ventilation plan or proposed revision. A copy of this notification will 
be sent to the representative of miners by the district manager. If the 
district manager denies approval of a proposed plan or revision, the 
deficiencies of the plan or revision must be specified in writing and 
the operator will be provided an opportunity to discuss the 
deficiencies with the district manager.
    Under 30 CFR 75.370(f), the approved ventilation plan and any 
revisions must be:
    (i) Provided upon request to the representative of miners by the 
operator following notification of approval;
    (ii) Made available for inspection by the representative of miners; 
and
    (iii) Posted on the mine bulletin board within 1 working day 
following notification of approval. The approved plan and revisions 
must remain posted on the bulletin board for the period that they are 
in effect.
9-4. Ventilation Plan Reviewed by MSHA (30 CFR 75.370(g))
    Under 30 CFR 75.370(g), the ventilation plan for each mine must be 
reviewed every 6 months by an authorized representative of the 
Secretary to assure that it is suitable to current conditions in the 
mine.
10. Mechanical Escape Facilities (30 CFR 75.382)
    In order to ensure that mechanical escape facilities are 
operational, they must be equipped with certain controls, examined 
weekly during the daily examination (under 30 CFR 75.1400-3) by a 
certified person and documentation of that certification must be 
recorded.
    Under 30 CFR 75.382(a), (b), and (c), mechanical escape facilities 
must be provided with overspeed, overwind, and automatic stop controls. 
Every mechanical escape facility with a platform, cage, or other device 
must be equipped with brakes that can stop the fully loaded platform, 
cage, or other device. Mechanical escape facilities, including 
automatic elevators, must be examined weekly. The weekly examination of 
this equipment may be conducted at the same time as a daily examination 
required by 30 CFR 75.1400-3. The weekly examination must include an 
examination of the headgear, connections, links and chains, overspeed 
and overwind controls, automatic stop controls, and other facilities. 
At least once each week, the hoist must be run through one complete 
cycle of operation to determine that it is operating properly.
    Under 30 CFR 75.382(g), the person making the examination as 
required by paragraph (c) of this section must certify by initials, 
date, and the time that the examination was made. Certifications must 
be made at or near the facility examined.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Ventilation Plans, Tests, and Examinations in 
Underground Coal Mines. MSHA is particularly interested in comments 
that:
    <bullet> Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information has practical utility;
    <bullet> Evaluate the accuracy of MSHA's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    <bullet> Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The information collection request will be available on https://www.regulations.gov. 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 https://www.regulations.gov and https://www.reginfo.gov.
    The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street 
South, 4th Floor West, Arlington, VA 22202-5452. 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 
Ventilation Plans, Tests, and Examinations in Underground Coal Mines. 
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: 1219-0088.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 225.
    Frequency: On occasion.

[[Page 81949]]

    Number of Annual Responses: 1,910,978.
    Annual Time Burden: 150,674 hours.
    Annual Other Burden Costs: $69,865.
    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 https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-23373 Filed 10-8-24; 8:45 am]
BILLING CODE 4520-43-P


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