Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices 31261 

Signed at Washington, DC, this 17th day of 

May 2022. 

Eric Molina, 

Acting Chief, Division of Management 

Systems, Bureau of Labor Statistics. 

[FR Doc. 2022–10984 Filed 5–20–22; 8:45 am] 

BILLING CODE 4510–24–P 

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. 

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. 

• Federal E-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments for docket number MSHA– 

2022–0025. 

• 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. 

• 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 

MSHA.information.collections@dol.gov 

(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/m3). 

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/m3. 

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/m3. 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. 


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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 time.

Upon request from the DM, submission of the date 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 

produced.

Recording 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; retained for 6 

months; made available for inspection. 

70.201(j), 90.201(j) ........ Use of CPDM in anthracite mining.When choosing not to use a CPDM in anthracite 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 runof-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. 


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TABLE 2—SAMPLING DEVICE FLOWRATE

30 CFR provision Topic General description of collection requirements 

70.205(b)(2), 

71.205(b)(2), 

90.205(b)(2).

Proper flowrate ........... When using a CMDPSU, each sampling device must 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 MSHA.

When using a CMDPSU, transmit all samples collected within 24 hours after the sampling 

shift to MSHA. 

70.210(c), 71.207(c), 

90.208(c).

Completing the Dust 

Data Card.

The person certified in sampling must complete 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 purposes.All operator samples must be included to fulfill 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 information.When using a CPDM, the certified person must 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. 


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TABLE 4—QUARTERLY SAMPLING

30 CFR provision Topic General description of collection requirements 

70.208(e)(3), 

70.209(c)(3), 

90.207(c)(3).

Record of corrective 

actions taken when 

sample exceeds the 

ECV.

When a valid sample meets or exceeds the ECV, the operator must, upon implementation of 

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), 

90.207(f)(3).

Record of corrective 

actions taken following a citation.

Upon issuance of a citation, the operator must, upon implementation of 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(i)(2), 

70.209(g)(2).

Revised dust control 

parameters following 

a citation.

A citation will be terminated when the operator has submitted to the DM revised dust control 

parameters and the changes are approved by the DM. 

71.206(d) ....................... Identifying specific 

work positions 

where DWP samples will be collected.

Each operator must provide the DM 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. 

71.206(e) ....................... Notifying MSHA that 

sample was not 

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. 

71.206(h)(3) ................... Record of corrective 

actions taken when 

sample exceeds the 

ECV.

When a valid sample meets or exceeds the ECV, the operator must, upon implementation of 

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 

actions taken following a citation.

Upon issuance of a citation, the operator must, upon implementation of 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. 

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 


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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 on the mine bulletin board.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. 

70.211(c), 71.208(c) ...... Posting the Dust Data 

Card on the mine 

bulletin board.

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. 

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 

part 90 miners.

Upon receipt of the sampling report from MSHA, the operator must provide a copy to the 

part 90 miner only. 

90.209(c) ....................... Dust Data Card for 

part 90 miners.

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. 

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 


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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 following a citation.The mine operator must submit 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. 

71.300(a)(1) ................... Notification of the miners’ representatives 

of dust control plan.

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. 

71.300(a)(3) ................... Posting the dust control plan on the mine 

bulletin board.

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. 

90.300(a) ....................... Dust control plan for 

part 90 miners following a citation.

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 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’ 

representatives following dust control 

plan approval.

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. 

71.301(d)(3) ................... Posting the dust control plan on the mine 

bulletin board following approval.

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. 

71.301(e) ....................... Review of dust control 

plans and revisions.

The operator may review respirable dust control plans and submit proposed revisions to 

such plans to the DM for approval. 

90.301(d) ....................... Dust control plan for 

part 90 miners.

The mine operator must provide a copy of the current respirable dust control plan to the part 

90 miner. 

90.301(e) ....................... Review of dust control 

plans and revisions 

for part 90 miners.

The operator may review respirable dust control plans and submit proposed revisions to 

such 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 


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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’ 

representatives of 

mine ventilation plan.

Notify the miners’ representative at least 5 days prior to submission of mine ventilation 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 ventilation plan and approval on the mine 

bulletin board.

Posting a copy of the proposed plan and any proposed revision, and the MSHA-approved 

plan and any revisions, respectively, on the mine bulletin board. 

75.370(f)(1) .................... Providing approved 

plan to miners’ representatives.

Providing a copy of the MSHA-approved plan and any revisions to the miners’ representative, if 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: 

• 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; 

• Evaluate the accuracy of MSHA’s 

estimate of the burden of the collection 

of information, including the validity of 

the methodology and assumptions used; 

• Suggest methods to enhance the 

quality, utility, and clarity of the 

information to be collected; and 

• 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 


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31268 Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices 

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 forprofit. 

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 

NATIONAL SCIENCE FOUNDATION 

Notice of Intent To Seek Approval To 

Renew an Information Collection 

AGENCY: National Science Foundation. 

ACTION: Notice and request for 

comments. 

SUMMARY: NSF is announcing plans to 

request renewed clearance of this 

collection. In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995, we are providing 

opportunity for public comment on this 

action. After obtaining and considering 

public comment, NSF will prepare the 

submission requesting OMB clearance 

of this collection for no longer than 3 

years. 

DATES: Written comments on this notice 

must be received by July 22, 2022, to be 

assured consideration. Comments 

received after that date will be 

considered to the extent practicable. 

Send comments to address below. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne H. Plimpton, Reports Clearance 

Officer, National Science Foundation, 

2415 Eisenhower Avenue, Alexandria, 

Virginia 22314; telephone (703) 292– 

7556; or send email to splimpto@

nsf.gov. Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339, which is accessible 24 hours a 

day, 7 days a week, 365 days a year 

(including federal holidays). 

SUPPLEMENTARY INFORMATION: 

Comments: Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Foundation, including whether the 

information will have practical utility; 

(b) the accuracy of the Foundation’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Title of Collection: Research 

Performance Progress Report. 

OMB Approval Number: 3145–0221. 

Expiration Date of Approval: July 30, 

2022. 

Type of Request: Intent to seek 

approval to extend an information 

collection for three years. 

Use of the Information: 

NSF developed the RPPR as a service 

within Research.gov. The service 

provides a common portal for the 

research community to manage and 

submit annual project reports to the 

National Science Foundation (NSF) and 

to partner agencies. This service 

replaced NSF’s annual and interim 

project reporting capabilities which 

resided in the FastLane System. 

Complete information about NSF’s 

implementation of the Research 

Performance Progress Report (RPPR) 

may be found at the following website: 

http://www.nsf.gov/bfa/dias/policy/ 

rppr/index.jsp. 

Burden on the Public: The Foundation 

estimates that an average of 6.6 hours is 

expended for each report submitted. An 

estimated 120,000 reports are expected 

during the course of one year for a total 

of 30,000 public burden hours annually. 

Dated: May 18, 2022. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2022–11045 Filed 5–20–22; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2022–0001] 

Sunshine Act Meetings 

TIME AND DATE: Weeks of May 23, 30, 

June 6, 13, 20, 27, 2022. The schedule 

for Commission meetings is subject to 

change on short notice. The NRC 

Commission Meeting Schedule can be 

found on the internet at: https://

www.nrc.gov/public-involve/publicmeetings/schedule.html. 

PLACE: The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify Anne 

Silk, NRC Disability Program Specialist, 

at 301–287–0745, by videophone at 

240–428–3217, or by email at 

Anne.Silk@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

STATUS: Public. 

Members of the public may request to 

receive the information in these notices 

electronically. If you would like to be 

added to the distribution, please contact 

the Nuclear Regulatory Commission, 

Office of the Secretary, Washington, DC 

20555, at 301–415–1969, or by email at 

Wendy.Moore@nrc.gov or 

Betty.Thweatt@nrc.gov. 

MATTERS TO BE CONSIDERED: 

Week of May 23, 2022 

There are no meetings scheduled for 

the week of May 23, 2022. 

Week of May 30, 2022—Tentative 

Wednesday, June 1, 2022 

10 a.m. Transformation at the NRC— 

Sustaining Progress as Modern, 

Risk-Informed Regulator (Contact: 

Aida Rivera-Varona: 301–415–4001) 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 


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