[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31261-31268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10897]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0011]


Extension of a Currently Approved Collection; Respirable Coal 
Mine Dust Sampling

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor, 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 assure 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. 
Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments on the information collection for Respirable Coal 
Mine Dust Sampling.

DATES: All comments must be received on or before July 22, 2022.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below.
    <bullet> Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2022-0025.
    <bullet> Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.
    <bullet> MSHA will post your comment 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#6429372c254a0d0a020b160905100d0b0a4a070b08080107100d0b0a1724000b084a030b12"><span class="__cf_email__" data-cfemail="8ac7d9c2cba4e3e4ece5f8e7ebfee3e5e4a4e9e5e6e6efe9fee3e5e4f9caeee5e6a4ede5fc">[email protected]</span></a> (email); 202-693-9440 (voice); or 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Chronic exposure to respirable coal mine dust causes various lung 
diseases, including coal workers' pneumoconiosis (CWP), emphysema, 
silicosis, and chronic bronchitis, that are known collectively as 
``black lung.'' These diseases are debilitating and can result in 
disability and premature death. While considerable progress has been 
made in lowering dust levels since the 1970s and, consequently, in 
lowering the prevalence rate of black lung among coal miners, severe 
cases of black lung continue to be identified. Information from the 
federally funded Coal Workers' Health Surveillance Programs 
administered by the National Institute for Occupational Safety and 
Health (NIOSH) indicates that black lung remains a key occupational 
health risk among our nation's coal miners. According to NIOSH, 402 (or 
2.7 percent) of the 14,775 underground coal miners who participated in 
the Coal Workers Health Surveillance Program and were x-rayed between 
January 2010 and December 2014 were found to have CWP (NIOSH 2019).
    Section 103(h) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 813(h), authorizes MSHA to collect information 
necessary to carry out its duty to protect 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 other mines. This Information Collection, OMB No. 1219-0011, 
concerns requirements for respirable coal mine dust sampling that took 
effect on February 1, 2016, and respirable dust standards that took 
effect on August 1, 2016, under MSHA's final rule, Lowering Miners' 
Exposure to Respirable Coal Mine Dust, Including Continuous Personal 
Dust Monitors (79 FR 24814; May 1, 2014).
    MSHA's standards in 30 CFR parts 70, 71, and 90 require each mine 
operator of an underground coal mine, surface coal mine, or surface 
work area of an underground coal mine, and each coal mine operator who 
employs a part 90 miner, to protect miners from exposure to excessive 
levels of respirable coal mine dust. Parts 70 and 71 require each coal 
mine operator to continuously maintain the average concentration of 
respirable coal mine dust in the mine atmosphere where miners normally 
work or travel at or below 1.5 milligrams per cubic meter (mg/m\3\). 
When the respirable dust contains more than 5 percent quartz, this 
standard is reduced to an amount equivalent to 10 divided by the 
percentage of quartz in the dust sample. In addition, each coal mine 
operator is required to continuously maintain the average concentration 
of respirable dust in intake airways at underground mines at or below 
0.5 mg/m\3\.
    If a part 90 miner is employed at the mine, the coal mine operator 
is required to continuously maintain the average concentration of 
respirable dust in the mine atmosphere during each shift to which the 
part 90 miner in the active workings of the mine is exposed at or below 
0.5 mg/m\3\. This standard is also reduced if more than 5 percent 
quartz is found in the mine atmosphere during each shift to which the 
part 90 miner is exposed.
    MSHA's standards require that coal mine operators sample respirable 
coal mine dust on a quarterly basis and submit these samples to MSHA 
for analysis to determine if the mine is complying with the applicable 
dust standards. Underground coal mine operators must sample: The 
Designated Occupation (DO) and Other Designated Occupation (ODO) in 
each Mechanized Mining Unit (MMU) under 30 CFR 70.208; and each 
Designated Area (DA) at locations specified in the operator's approved 
mine ventilation plan under 30 CFR 70.209. In addition, Designated Work 
Positions (DWPs) at surface coal mines and surface work areas of 
underground coal mines must be sampled under 30 CFR 71.206. 
Furthermore, each part 90 miner must be sampled quarterly under 30 CFR 
90.207.
    The following sections provide a description of the information 
collection requirements for Respirable Coal Mine Dust Sampling 
conducted under 30 CFR parts 70, 71, and 90. The requirements include 
general and technical requirements for sampling, sampling device 
flowrate, operator transmission of respirable dust samples, quarterly 
sampling, posting or providing respirable dust sampling reports and 
dust data cards, status changes, respirable dust control plans, and 
mine ventilation plans.

[[Page 31262]]

A. Information Collections Related to Sampling

    Table 1 summarizes the information collections related to general 
and technical requirements for sampling conducted under parts 70, 71, 
and 90, such as the use of continuous personal dust monitors (CPDMs) 
instead of coal mine dust personal sampling units (CMDPSUs), shift 
length, and sampling start date and time.

                            Table 1--General and Technical Requirements for Sampling
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.201(b)(2) 71.201(a)...............  Use of CMDPSU or CPDM..  Samples taken quarterly using an approved
                                                                 CMDPSU, unless the operator notifies the
                                                                 District Manager (DM) 90 days before use that
                                                                 an approved CPDM will be used.
70.201(e), 71.201(d), 90.201(f)......  Shift length...........  Length of each shift recorded; retained for 6
                                                                 months; made available for inspection;
                                                                 submitted to the DM when requested.
70.201(f), 71.201(e), 90.201(g)......  Sampling start date and  Upon request from the DM, submission of the date
                                        time.                    and time of sampling start, at least 48 hours
                                                                 prior to start.
71.201(f)............................  Rain restriction.......  Upon written request by the operator, the DM may
                                                                 waive the rain restriction.
70.201(g)............................  Run-of-mine material     Recording the amount of run-of-mine material
                                        produced.                produced by each MMU during each shift to
                                                                 determine the average production for the most
                                                                 recent 30 production shifts; retained for 6
                                                                 months; made available for inspection.
70.201(j), 90.201(j).................  Use of CPDM in           When choosing not to use a CPDM in anthracite
                                        anthracite mining.       mining that uses full box, open breast, or
                                                                 slant breast mining, provide written
                                                                 notification to the DM.
----------------------------------------------------------------------------------------------------------------

    Use of CMDPSU or CPDM: Section 70.201(b)(2) requires that DAs 
identified by the underground coal mine operator be sampled quarterly 
with an approved CMDPSU unless the operator notifies the District 
Manager in writing that an approved CPDM will be used for all DA 
sampling at the mine. With respect to DWP sampling, section 71.201(a) 
requires each mine operator of a surface coal mine and each mine 
operator of an underground coal mine with surface work areas who is 
sampling on the surface to sample with an approved CMDPSU. However, the 
operator may use an approved CPDM if the operator notifies the District 
Manager in writing that an approved CPDM will be used for all DWP 
sampling at the mine. MSHA does not expect underground coal mine 
operators to use the CPDM to conduct DA sampling underground or DWP 
sampling on the surface area of the underground mine. Also, MSHA does 
not expect surface coal mine operators to use the CPDM to conduct DWP 
sampling. Thus, there are no notifications to the MSHA District Manager 
and therefore no burdens to operators for sections 70.201(b)(2) and 
71.201(a).
    Shift length: Sections 70.201(e), 71.201(d), and 90.201(f) require 
that coal mine operators make records showing the length of: Each 
production shift for each MMU; each normal work shift for each DWP; and 
each shift for each part 90 miner, respectively. These provisions also 
require that the records be retained for at least 6 months, made 
available for inspection by authorized representatives of the Secretary 
and, except in the case of part 90 miners, by the miners' 
representative. The records also must be submitted to the District 
Manager when requested in writing.
    There are no separate burdens shown for recording shift lengths for 
sections 70.201(e) for underground coal mines and 90.201(f) related to 
part 90 miners when sampling is conducted because records of shift 
length are accounted for under sections 70.211(c) and 90.209(c) when a 
CPDM Dust Data Card is printed and signed. However, burdens for 
recording shift lengths when sampling is not conducted are shown under 
sections 70.201(e) and 90.201(f).
    For surface work areas of underground coal mines and surface coal 
mines, there is no burden shown for section 71.201(d) when DWP sampling 
is conducted because records of shift length are accounted for under 
section 71.207(c) when a CMDPSU Dust Data Card is completed. However, 
the burden for recording shift length when sampling is not conducted is 
shown under section 71.201(d).
    Sampling start date and time: Sections 70.201(f), 71.201(e), and 
90.201(g) require that upon request from the District Manager, the 
operator must submit the date and time any respirable dust sampling 
required by parts 70, 71, or 90 will begin. The mine operator must 
submit this information to MSHA at least 48 hours prior to scheduled 
sampling.
    Rain restriction: Under section 71.201(f), a mine operator may 
request, in writing, that the rain restriction for a ``normal work 
shift'' as defined in section 71.2 be waived by the District Manager.
    Run-of-mine material produced: Section 70.201(g) requires that to 
establish a normal production shift, the operator must record the 
amount of run-of-mine material produced by each MMU during each shift 
to determine the average production for the most recent 30 production 
shifts, or for all production shifts if fewer than 30 shifts of 
production data are available. It also requires that the production 
records must be retained for at least 6 months and be made available 
for inspection by authorized representatives of the Secretary and the 
miners' representative.
    Use of CPDM in anthracite mining: Sections 70.201(j) and 90.201(j) 
allow the mine operator of an anthracite mine that uses the full box, 
open breast, or slant breast mining method to use either a CPDM or a 
CMDPSU for respirable coal mine dust sampling required under part 70 or 
part 90. However, if the mine operator chooses not to use a CPDM, the 
operator must notify the District Manager in writing of this decision. 
To estimate the full cost impact upon coal mine operators, MSHA assumed 
that these operators will use the CPDM for the required sampling. 
Therefore, no burden was estimated at this time for these operators to 
notify the District Manager of their choice not to use the CPDM. 
Operators may reevaluate whether to use the CPDM. Therefore, future 
updates to this package may result in a burden for these provisions.

B. Information Collections Related to Improper Sampling Device Flowrate

    Table 2 summarizes information collections related to sampling 
device flowrate requirements conducted under parts 70, 71, and 90.

[[Page 31263]]



                                        Table 2--Sampling Device Flowrate
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.205(b)(2), 71.205(b)(2),            Proper flowrate........  When using a CMDPSU, each sampling device must
 90.205(b)(2).                                                   be examined by a person certified in sampling,
                                                                 and when the proper flowrate is not maintained,
                                                                 the certified person must note this on the Dust
                                                                 Data Card and transmit to MSHA.
----------------------------------------------------------------------------------------------------------------

    Proper flowrate: Sections 70.205(b)(2), 71.205(b)(2), and 
90.205(b)(2) require that if a CMDPSU is used to sample respirable coal 
mine dust, each approved sampling device must be examined each shift by 
a person certified in sampling during the last hour of operation to 
ensure that the sampling device is operating properly and at the proper 
flowrate. If the proper flowrate is not maintained, the certified 
person must note that the proper flowrate was not maintained on the 
back of the Dust Data Card, and the card must accompany the sample 
which must be transmitted to MSHA. Other events occurring during the 
collection of respirable coal mine dust samples that may affect the 
validity of the sample, such as dropping of the sampling head assembly 
onto the mine floor, must also be noted on the back of the Dust Data 
Card. The burdens for these requirements are included in the burdens 
estimated to complete the Dust Data Cards under sections 70.210(c), 
71.207(c) and 90.208(c).

C. Information Collections Related to Operator Transmission of 
Respirable Dust Samples

    Table 3 summarizes information collections related to transmission 
of respirable coal mine dust samples by the operator under parts 70, 
71, and 90, such as operator transmission of samples to MSHA, 
completing the Dust Data Card, and notification of samples taken for 
other purposes.

                            Table 3--Operator Transmission of Respirable Dust Samples
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.210(a), 71.207(a), 90.208(a)......  Transmitting samples to  When using a CMDPSU, transmit all samples
                                        MSHA.                    collected within 24 hours after the sampling
                                                                 shift to MSHA.
70.210(c), 71.207(c), 90.208(c)......  Completing the Dust      The person certified in sampling must complete
                                        Data Card.               the Dust Data Card for each filter cassette and
                                                                 must provide a signature.
70.210(d), 71.207(d), 90.208(d)......  Samples for other        All operator samples must be included to fulfill
                                        purposes.                the sampling requirements, unless the sample
                                                                 has been identified in writing to the DM prior
                                                                 to the intended shift as a sample to be used
                                                                 for another purpose.
70.210(f), 71.207(f), 90.208(f)......  CPDM data file           When using a CPDM, the certified person must
                                        information.             validate, certify, and transmit to MSHA within
                                                                 24 hours after the end of each shift all sample
                                                                 data file information collected and stored in
                                                                 the CPDM and maintained for at least 12 months.
----------------------------------------------------------------------------------------------------------------

    Transmitting samples to MSHA: Sections 70.210(a), 71.207(a), and 
90.208(a) require that if a CMDPSU is used to sample, the operator must 
transmit within 24 hours after the end of the sampling shift all 
samples collected to fulfill the requirements of parts 70, 71, or 90, 
including control filters, in containers provided by the manufacturer 
of the filter cassette to: Respirable Dust Processing Laboratory, 
Pittsburgh Safety and Health Technology Center, Cochrans Mill Road, 
Building 38, P.O. Box 18179, Pittsburgh, Pennsylvania 15236-0179, or to 
any other address designated by the District Manager.
    Completing the Dust Data Card: Sections 70.210(c), 71.207(c), and 
90.208(c) require that a person certified in sampling properly complete 
the Dust Data Card that is provided by the manufacturer for each filter 
cassette. The card must have an identification number identical to that 
on the cassette used to take the sample and must be submitted to MSHA 
with the sample. Each card must be signed by the certified person who 
performed the required examinations during the sampling shift and 
include that person's MSHA Individual Identification Number (MIIN). 
Respirable dust samples with Dust Data Cards not properly completed may 
be voided by MSHA.
    Samples for other purposes: Sections 70.210(d), 71.207(d), and 
90.208(d) require all operator samples be included as samples taken to 
fulfill the sampling requirements of parts 70, 71, and 90, 
respectively, unless the operator identified the sample in writing to 
the District Manager and prior to the intended sampling shift as a 
sample to be used for another purpose.
    CPDM data file information: Sections 70.210(f), 71.207(f), and 
90.208(f) require that if a CPDM is used to sample, the person 
certified in sampling must validate, certify, and transmit 
electronically to MSHA within 24 hours after the end of each sampling 
shift all sample data file information collected and stored in the 
CPDM, including the sampling status conditions encountered when 
sampling. All CPDM data files transmitted electronically to MSHA must 
be maintained by the operator for at least 12 months.
    The burdens for sections 70.210(a), (c), and (f), 71.207(a) and 
(c), and 90.208(f) are included in the burdens for sections 70.210, 
71.207, and 90.208, respectively. Section 71.207(f) pertains only to 
using the CPDM. However, operators of surface coal mines and operators 
of surface work areas of underground coal mines are only required to 
use the CPDM for part 90 miner sampling, and MSHA does not expect them 
to use the CPDM to conduct DWP sampling. Thus, the burden for section 
71.207(f) is accounted for in the burden for section 90.208(f).

D. Information Collections Related to Quarterly Sampling

    Table 4 summarizes information collections related to quarterly 
sampling conducted under parts 70, 71, and 90, such as recording 
corrective actions when samples exceed the excessive concentration 
value (ECV) or following a citation.

[[Page 31264]]



                                           Table 4--Quarterly Sampling
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.208(e)(3), 70.209(c)(3),            Record of corrective     When a valid sample meets or exceeds the ECV,
 90.207(c)(3).                          actions taken when       the operator must, upon implementation of
                                        sample exceeds the ECV.  corrective actions, make a record of the
                                                                 actions taken. The record must be certified by
                                                                 the mine official; made in a secure book;
                                                                 retained for at least 1 year; and made
                                                                 available for inspection (except for part 90
                                                                 miners).
70.208(h)(3), 70.209(f)(3),            Record of corrective     Upon issuance of a citation, the operator must,
 90.207(f)(3).                          actions taken            upon implementation of corrective actions, make
                                        following a citation.    a record of the actions taken. The record must
                                                                 be certified by the mine official; made in a
                                                                 secure book; retained for at least 1 year; and
                                                                 made available for inspection (except for part
                                                                 90 miners).
70.208(i)(2), 70.209(g)(2)...........  Revised dust control     A citation will be terminated when the operator
                                        parameters following a   has submitted to the DM revised dust control
                                        citation.                parameters and the changes are approved by the
                                                                 DM.
71.206(d)............................  Identifying specific     Each operator must provide the DM with a list
                                        work positions where     identifying the specific work positions where
                                        DWP samples will be      DWP samples will be collected for: Active
                                        collected.               mines; new mines; and DWPs with a change in
                                                                 operational status that increases or reduces
                                                                 the number of active DWPs.
71.206(e)............................  Notifying MSHA that      If a normal work shift is not achieved, the
                                        sample was not taken     respirable dust sample must be transmitted to
                                        on a normal work shift.  MSHA with a notation by the person certified in
                                                                 sampling on the back of the Dust Data Card
                                                                 stating that the sample was not taken on a
                                                                 normal work shift.
71.206(h)(3).........................  Record of corrective     When a valid sample meets or exceeds the ECV,
                                        actions taken when       the operator must, upon implementation of
                                        sample exceeds the ECV.  corrective actions, make a record of the
                                                                 actions taken. The record must be certified by
                                                                 the mine official; made in a secure book;
                                                                 retained for at least 1 year; and made
                                                                 available for inspection.
71.206(k)(3).........................  Record of corrective     Upon issuance of a citation, the operator must,
                                        actions taken            upon implementation of corrective actions, make
                                        following a citation.    a record of the actions taken. The record must
                                                                 be certified by the mine official; made in a
                                                                 secure book; retained for at least 1 year; and
                                                                 made available for inspection.
----------------------------------------------------------------------------------------------------------------

    Record of corrective actions taken when sample exceeds the ECV: 
Quarterly sampling requirements are in section 70.208 for MMUs, section 
70.209 for DAs, and section 90.207 for part 90 miners. Sections 
70.208(e)(3), 70.209(c)(3), and 90.207(c)(3) require that when a valid 
representative sample meets or exceeds the ECV that corresponds to the 
applicable standard and particular sampling device used for either an 
MMU or DA, respectively, or that corresponds to the applicable standard 
and particular sampling device used for part 90 miner sampling, the 
operator must make, upon implementation of corrective actions, a record 
of the actions taken. The record must be certified by the mine foreman 
or equivalent mine official no later than the end of the mine foreman's 
or equivalent official's next regularly scheduled working shift. The 
record must be made in a secure book that is not susceptible to 
alteration or electronically in a computer system so as to be secure 
and not susceptible to alteration. Such records must be retained at a 
surface location at the mine for at least 1 year and be made available 
for inspection by authorized representatives of the Secretary and, 
except for part 90 miners, the miners' representative. Also, the 
records must be made available for inspection by the affected part 90 
miner who was sampled.
    Record of corrective actions taken following a citation: Sections 
70.208(h)(3), 70.209(f)(3), and 90.207(f)(3) require that mine 
operators, upon issuance of a citation for violation of the applicable 
standard for either an MMU, DA, or part 90 miner, respectively, must 
make, upon implementation of corrective actions, a record of the 
actions taken. The record must be certified by the mine foreman or 
equivalent mine official no later than the end of the mine foreman's or 
equivalent official's next regularly scheduled working shift. The 
record must be made in a secure book that is not susceptible to 
alteration or electronically in a computer system so as to be secure 
and not susceptible to alteration. Such records must be retained at a 
surface location at the mine for at least 1 year and be made available 
for inspection by authorized representatives of the Secretary and, 
except for part 90 miners, the miners' representative. Also, the 
records must be made available for inspection by the affected part 90 
miner who was sampled.
    Revised dust control parameters following a citation: Sections 
70.208(i)(2) and 70.209(g)(2) provide that a citation for violation of 
the applicable standard shall be terminated by MSHA when the operator 
has submitted to the District Manager revised dust control parameters 
as part of the mine ventilation plan applicable to the MMU or the DA, 
respectively, in the citation and such changes have been approved by 
the District Manager. The revised parameters must reflect the control 
measures used by the operator to abate the violation.
    Identifying specific work positions where DWP samples will be 
collected: DWPs at surface coal mines and surface work areas of 
underground coal mines must be sampled quarterly under section 71.206. 
Under section 71.206(d), operators with multiple work positions that 
are specified in section 71.206(c)(2) and (c)(3) must sample the DWP 
exposed to the greatest respirable dust concentration in each work 
position performing the same activity or task at the same location at 
the mine and exposed to the same dust generation source. Each operator 
must provide the District Manager with a list identifying the specific 
work positions where DWP samples will be collected for: Active mines; 
new mines; and DWPs with a change in operational status that increases 
or reduces the number of active DWPs.
    Notifying MSHA that sample was not taken on a normal work shift: 
Section 71.206(e) requires that each DWP sample must be taken on a 
normal work shift. If a normal work shift is not achieved, the 
respirable dust sample must be transmitted to MSHA with a notation by 
the person certified in sampling on the back of the Dust Data Card 
stating that the sample was not taken on a normal work shift. Section 
71.207(c) requires that a person certified in sampling properly 
complete the Dust Data Card that is provided by the

[[Page 31265]]

manufacturer for each filter cassette. The card must have an 
identification number identical to that on the cassette used to take 
the sample and must be submitted to MSHA with the sample. Each card 
must be signed by the certified person who performed the required 
examinations during the sampling shift and include that person's MIIN. 
A separate burden has not been included for section 71.206(e) since 
MSHA assumed that any notations can be made at the same time that the 
Dust Data Card is completed under section 71.207(c).
    Record of corrective actions taken when sample exceeds the ECV: 
Section 71.206(h)(3) requires that when a valid representative sample 
taken in accordance with this section meets or exceeds the ECV that 
corresponds to the applicable standard and particular sampling device 
used, the operator must make, upon implementation of the corrective 
actions, a record of the actions taken. The record must be certified by 
the mine foreman or equivalent mine official no later than the end of 
the mine foreman's or equivalent official's next regularly scheduled 
working shift. The record must be made in a secure book that is not 
susceptible to alteration or electronically in a computer system so as 
to be secure and not susceptible to alteration. Such records must be 
retained at a surface location at the mine for at least 1 year and be 
made available for inspection by authorized representatives of the 
Secretary and the miners' representative. There are no separate burden 
estimates projected for section 71.206(h)(3). MSHA assumed that surface 
samples that meet or exceed the applicable ECV will result in a 
citation, and this burden appears under section 71.206(k)(3).
    Record of corrective actions taken following a citation: Section 
71.206(k)(3) requires that upon issuance of a citation for violation of 
the applicable standard, the operator must make, upon implementation of 
corrective actions, a record of the actions taken. The record must be 
certified by the mine foreman or equivalent mine official no later than 
the end of the mine foreman's or equivalent official's next regularly 
scheduled working shift. The record must be made in a secure book that 
is not susceptible to alteration or electronically in a computer system 
so as to be secure and not susceptible to alteration. Such records must 
be retained at a surface location at the mine for at least 1 year and 
be made available for inspection by authorized representatives of the 
Secretary and the miners' representative.

E. Information Collections Related to Posting or Providing Respirable 
Dust Sampling Reports or Dust Data Cards

    Table 5 summarizes information collections related to reporting 
respirable dust samples to the operator and posting or providing 
results conducted under parts 70, 71, and 90, such as posting such 
reports on the mine bulletin board or providing such reports to part 90 
miners.

               Table 5--Posting or Providing Respirable Dust Sampling Reports and Dust Data Cards
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.211(b), 71.208(b).................  Posting sampling report  Upon receipt of the sampling report that
                                        on the mine bulletin     contains sampling results from MSHA, the
                                        board.                   operator must post the data for at least 31
                                                                 days on the mine bulletin board.
70.211(c), 71.208(c).................  Posting the Dust Data    When using a CPDM, the person certified in
                                        Card on the mine         sampling must print, sign, and post the Dust
                                        bulletin board.          Data Card on the mine bulletin board within 12
                                                                 hours after the end of each shift.
70.211(c)(5), 71.207(c)..............  Shift length...........  When using a CPDM, the person certified in
                                                                 sampling must print, sign, and post the Dust
                                                                 Data Card on the mine bulletin board within 12
                                                                 hours after the end of each shift, including
                                                                 shift length.
90.209(c)(5).........................  Shift length...........  When using a CPDM, the person certified in
                                                                 sampling must print, sign, and provide to each
                                                                 part 90 miner, a paper record (Dust Data Card)
                                                                 of the sample run within 1 hour after the start
                                                                 of the part 90 miner's next work shift,
                                                                 including shift length.
90.209(b)............................  Sampling report for      Upon receipt of the sampling report from MSHA,
                                        part 90 miners.          the operator must provide a copy to the part 90
                                                                 miner only.
90.209(c)............................  Dust Data Card for part  When using a CPDM, the person certified in
                                        90 miners.               sampling must print, sign, and provide to each
                                                                 part 90 miner, a paper record (Dust Data Card)
                                                                 of the sample run within 1 hour after the start
                                                                 of the part 90 miner's next work shift.
----------------------------------------------------------------------------------------------------------------

    Posting sampling report on the mine bulletin board: Sections 
70.211(b) and 71.208(b) require that upon receipt of the sampling 
report that contains sampling results from MSHA, the operator must post 
the data for at least 31 days on the mine bulletin board.
    Posting the Dust Data Card on the mine bulletin board: Sections 
70.211(c) and 71.208(c) require, if using a CPDM, the person certified 
in sampling to print, sign, and post on the mine bulletin board a paper 
record (Dust Data Card) of each sample run within 12 hours after the 
end of each sampling shift. This hard-copy record must include the data 
entered when the sample run was first programmed and the following: The 
mine identification number; the locations within the mine or the DWP at 
the mine from which the samples were taken; the concentration of 
respirable dust, expressed as an equivalent concentration, reported and 
stored for each sample; the sampling status conditions encountered for 
each sample; and the shift length. Section 71.208(c) requires that when 
CPDMs are used for DWP sampling, underground coal mine operators that 
have surface work areas and surface coal mine operators print, sign, 
and post a paper record (Dust Data Card) with the shift length and 
other information regarding sampling for each location sampled under 
Part 71. MSHA does not expect that the CPDM will be used for DWP 
sampling by underground coal mine operators on the surface area of the 
underground mine or by surface coal mine operators. Therefore, no 
burden was estimated at this time for Section 71.208(c).
    Shift length: Section 70.211(c)(5) requires that, when CPDMs are 
used for sampling, underground coal mine operators print, sign, and 
post a paper record (Dust Data Card) that must include sample results, 
including the shift length. Under section 90.209(c)(5), when CPDMs are 
used for sampling, coal mine operators must print, sign, and provide to 
each part 90 miner a Dust Data Card that details the sample results, 
including shift length. Under sections 70.210(c) and 71.207(c), if 
using a CMDPSU, the operator must

[[Page 31266]]

complete a Dust Data Card, which includes reporting the sampling shift 
start time and sampling time in minutes.
    Sampling report for part 90 miners: For part 90 miners, section 
90.209(b) requires that upon receipt of the sampling report from MSHA, 
the operator must provide a copy to the part 90 miner only.
    Dust Data Card for part 90 miners: Section 90.209(c) requires that 
if using a CPDM, the person certified in sampling must print, sign, and 
provide to each part 90 miner, a paper record (Dust Data Card) of the 
sample run within 1 hour after the start of the part 90 miner's next 
work shift. This hard copy record must include the data entered when 
the sample run was first programmed and the following: The mine 
identification number; the location within the mine from which the 
sample was taken; the concentration of respirable dust, expressed as an 
equivalent concentration reported and stored for each sample; the 
sampling status conditions encountered for each sample; the shift 
length; and the part 90 miner's MIIN.

F. Information Collections Related to Status Changes

    Table 6 summarizes information collections related to operational 
status changes conducted under parts 70, 71, and 90.

                                         Table 6--Status Change Reports
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
70.212(a), 71.209(a), 90.210.........  Status changes.........  For any change in operational status that
                                                                 affects the respirable dust sampling
                                                                 requirements, the operator must report the
                                                                 change to MSHA. Status changes must be reported
                                                                 in writing or electronically, within 3 working
                                                                 days after the status change has occurred.
----------------------------------------------------------------------------------------------------------------

    Status changes: Sections 70.212(a), 71.209(a), and 90.210 require 
that if there is a change in operational status that affects the 
respirable dust sampling requirements of parts 70, 71, or 90, 
respectively, the operator must report the change in operational status 
of the mine, MMU, DA, DWP, or part 90 miner (such as the part 90 miner 
entering a terminated, injured, or ill status, or returning to work) to 
the MSHA District Office or to any other MSHA office designated by the 
District Manager. Status changes must be reported in writing or 
electronically, within 3 working days after the status change has 
occurred.

G. Information Collections Related to Respirable Dust Control Plans

    Table 7 summarizes information collections related to dust control 
plans under parts 71 and 90, such as submission of dust control plans 
following a citation, posting the plan on the mine bulletin board, or 
providing the plan to part 90 miners.

                                     Table 7--Respirable Dust Control Plans
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
71.300(a)............................  Dust control plan        The mine operator must submit for approval a
                                        following a citation.    written respirable dust control plan applicable
                                                                 to the DWP identified in the citation within 15
                                                                 calendar days after the termination date of a
                                                                 citation.
71.300(a)(1).........................  Notification of the      The mine operator must notify the miners'
                                        miners'                  representative at least 5 days prior to
                                        representatives of       submission to MSHA of a respirable dust control
                                        dust control plan.       plan and any revision to a dust control plan.
71.300(a)(3).........................  Posting the dust         A copy of the proposed respirable dust control
                                        control plan on the      plan, and a copy of any proposed revision,
                                        mine bulletin board.     submitted for Agency approval must be posted on
                                                                 the mine bulletin board at the time of
                                                                 submittal.
90.300(a)............................  Dust control plan for    If an operator abates a violation of the
                                        part 90 miners           applicable standard by reducing the respirable
                                        following a citation.    dust level in the position of the part 90
                                                                 miner, the operator must submit, for the DM's
                                                                 approval, a written respirable dust control
                                                                 plan for the part 90 miner in the position
                                                                 identified in the citation within 15 calendar
                                                                 days after the citation is terminated.
71.301(d)(1).........................  Notification of miners'  The approved respirable dust control plan and
                                        representatives          any revisions must be provided upon request to
                                        following dust control   the miners' representative by the operator
                                        plan approval.           following notification of approval.
71.301(d)(3).........................  Posting the dust         The plan or revisions must be posted on the mine
                                        control plan on the      bulletin board within 1 working day following
                                        mine bulletin board      notification of approval and remain posted for
                                        following approval.      the period that the plan is in effect.
71.301(e)............................  Review of dust control   The operator may review respirable dust control
                                        plans and revisions.     plans and submit proposed revisions to such
                                                                 plans to the DM for approval.
90.301(d)............................  Dust control plan for    The mine operator must provide a copy of the
                                        part 90 miners.          current respirable dust control plan to the
                                                                 part 90 miner.
90.301(e)............................  Review of dust control   The operator may review respirable dust control
                                        plans and revisions      plans and submit proposed revisions to such
                                        for part 90 miners.      plans to the DM for approval.
----------------------------------------------------------------------------------------------------------------

    Dust control plan following a citation: Section 71.300(a) requires 
that the operator submit to the District Manager for approval a written 
respirable dust control plan applicable to the DWP identified in the 
citation within 15 calendar days after the termination date of a 
citation for violation of the applicable standard. The respirable dust 
control plan and revisions must be suitable to the conditions and the 
mining system of the coal mine and be adequate to continuously maintain 
respirable dust within the applicable

[[Page 31267]]

standard at the DWP identified in the citation.
    Notification of the miners' representatives of dust control plan: 
Section 71.300(a)(1) requires that the mine operator must notify the 
miners' representative at least 5 days prior to submission to MSHA of a 
respirable dust control plan and any revision to a dust control plan. 
If requested, the mine operator must provide a copy to the miners' 
representative at the time of notification.
    Posting the dust control plan on the mine bulletin board: Section 
71.300(a)(3) requires that a copy of the proposed respirable dust 
control plan and a copy of any proposed revision submitted for Agency 
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.
    Dust control plan for part 90 miners following a citation: Section 
90.300(a) requires that if an operator abates a violation of the 
applicable standard by reducing the respirable dust level in the 
position of the part 90 miner, the operator must submit, for the 
District Manager's approval, a written respirable dust control plan for 
the part 90 miner in the position identified in the citation within 15 
calendar days after the citation is terminated. The respirable dust 
control plan and revisions thereof must be suitable to the conditions 
and the mining system of the coal mine and be adequate to continuously 
maintain respirable dust within the applicable standard for that part 
90 miner.
    Notification of miners' representative following dust control plan 
approval: Under section 71.301(d)(1), the approved respirable dust 
control plan and any revisions must be provided upon request to the 
miners' representative by the operator following notification of 
approval.
    Posting the dust control plan on the mine bulletin board following 
approval: Under section 71.301(d)(3), the plan or revisions must be 
posted on the mine bulletin board within 1 working day following 
notification of approval and remain posted for the period that the plan 
is in effect.
    Review of dust control plans and revisions: Under section 
71.301(e), the operator may review respirable dust control plans and 
submit proposed revisions to such plans to the District Manager for 
approval.
    Dust control plan for part 90 miners: Section 90.301(d) requires 
the operator to provide a copy of the current respirable dust control 
plan to the part 90 miner.
    Review of dust control plans and revisions for part 90 miners: 
Under section 90.301(e), the operator may review respirable dust 
control plans and submit proposed revisions to such plans to the 
District Manager for approval.

H. Information Collections Related to Mine Ventilation Plans

    Table 8 summarizes information collections related to mine 
ventilation plans under part 75, such as notifying miners' 
representatives of the mine ventilation plan, posting the approved plan 
on the mine bulletin board, and providing the approved plan to miners' 
representatives.

                                         Table 8--Mine Ventilation Plans
----------------------------------------------------------------------------------------------------------------
           30 CFR provision                     Topic            General description of collection requirements
----------------------------------------------------------------------------------------------------------------
75.370(a)(3)(i)......................  Notification of miners'  Notify the miners' representative at least 5
                                        representatives of       days prior to submission of mine ventilation
                                        mine ventilation plan.   plan and any revision and, if requested,
                                                                 provide a copy to the miners' representative at
                                                                 the time of notification.
75.370(a)(3)(iii), 75.370(f)(3)......  Posting the mine         Posting a copy of the proposed plan and any
                                        ventilation plan and     proposed revision, and the MSHA-approved plan
                                        approval on the mine     and any revisions, respectively, on the mine
                                        bulletin board.          bulletin board.
75.370(f)(1).........................  Providing approved plan  Providing a copy of the MSHA-approved plan and
                                        to miners'               any revisions to the miners' representative, if
                                        representatives.         requested.
----------------------------------------------------------------------------------------------------------------

    Notification of the miners' representative of mine ventilation 
plan: Section 75.370(a)(3)(i) requires underground coal mine operators 
to notify the miners' representative at least 5 days prior to 
submission of the mine ventilation plan and any revision and, if 
requested, provide a copy to the miners' representative at the time of 
notification.
    Posting the mine ventilation plan and approval on the mine bulletin 
board: Sections 75.370(a)(3)(iii) and (f)(3) require the operator to 
post a copy of the proposed plan and any proposed revision, and the 
MSHA-approved plan and any revisions, respectively, on the mine 
bulletin board.
    Providing approved plan to miners' representatives: In addition, 
Section 75.370(f)(1) requires the operator to provide a copy of the 
MSHA-approved plan and any revisions to the miners' representative, if 
requested.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Respirable Coal Mine Dust Sampling. MSHA is 
particularly interested in comments that:
    <bullet> Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information has practical utility;
    <bullet> Evaluate the accuracy of MSHA's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    <bullet> Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The information collection request will be available on http://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 www.regulations.gov and www.reginfo.gov.
    The public may also examine publicly available documents at USDOL-
Mine Safety and Health Administration, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on 
the 4th Floor via the East elevator. Before visiting MSHA in person, 
call 202-693-9455 to make an appointment, in keeping with

[[Page 31268]]

the Department of Labor's COVID-19 policy. Special health precautions 
may be required.
    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 request for collection of information contains provisions for 
Respirable Coal Mine Dust Sampling. MSHA has updated the data with 
respect to the number of respondents, responses, burden hours, and 
burden costs supporting this information collection request.
    Type of Review: Extension of a currently approved collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0011.
    Affected Public: Business or other for-profit.
    Number of Respondents: 676.
    Frequency: On occasion.
    Number of Responses: 1,158,062.
    Annual Burden Hours: 81,858 hours.
    Annual Respondent or Recordkeeper Cost: $42,057.

MSHA Forms: Miner Operator Dust Data Card

    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2022-10897 Filed 5-20-22; 8:45 am]
BILLING CODE 4510-43-P


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