Extension of a Currently Approved Collection; Respirable Coal Mine Dust Sampling, 19122-19126 [2019-09084]
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• 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 https://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on https://www.regulations.gov
and https://www.reginfo.gov.
The public may also examine publicly
available documents at USDOL–Mine
Safety and Health Administration, 201
12th South, Suite 4E401, Arlington, VA
22202–5452. Sign in at the receptionist’s
desk in Suite 4E401 on the 4th floor via
the East elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.
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III. Current Actions
This request for collection of
information contains provisions for
Pattern of Violations. 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, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0150.
Affected Public: Business or other forprofit.
Number of Respondents: 44.
Frequency: On occasion.
Number of Responses: 44.
Annual Burden Hours: 5,984 hours.
Annual Respondent or Recordkeeper
Cost: $4,400.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
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information collection request; they will
also become a matter of public record.
.collections@dol.gov (email); 202–693–
9440 (voice); or 202–693–9441
(facsimile).
Sheila McConnell,
Certifying Officer.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–09086 Filed 5–2–19; 8:45 am]
I. Background
BILLING CODE 4510–43–P
Chronic exposure to respirable coal
mine dust causes lung diseases
including coal workers’ pneumoconiosis
(CWP), emphysema, silicosis, and
chronic bronchitis, 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 1970 and,
consequently, lowering the prevalence
rate of black lung among coal miners,
severe forms 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) clearly
indicates that black lung remains a key
occupational health risk among our
nation’s coal miners. According to
NIOSH, 933 or 3.7 percent of the 25,558
underground coal miners x-rayed
between January 2003 and September
2011 were found to have CWP. Also, in
FY 2011, over 28,600 former coal miners
and the dependents of miners received
$417 million in ‘‘black lung’’ benefits.
Since inception of the federal Black
Lung Benefits Program in 1970, over $45
billion in total benefits have been paid
out to former miners and their
dependents.
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 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 or other mines. This
Information Collection 1219–0011
reflects requirements of MSHA’s final
rule, Lowering Miners’ Exposure to
Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors (79
FR 24814; May 1, 2014) related to
respirable coal mine dust sampling in
effect on February 1, 2016, and
respirable dust standards in effect on
August 1, 2016.
MSHA’s standards in 30 CFR parts 70,
71, and 90 require each mine operator
of an underground coal mine, surface
coal mine and, surface work areas of an
underground coal mine, and each coal
mine operator who employs a Part 90
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0011]
Extension of a Currently Approved
Collection; Respirable Coal Mine Dust
Sampling
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
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 2, 2019.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2019–0013.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: 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.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Director, Office of
Standards, Regulations, and Variances,
MSHA, at MSHA.information
SUMMARY:
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miner, to protect miners from exposure
to excessive respirable coal mine dust
levels. 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). This standard is reduced using
the formula 10 divided by the percent
of quartz when the respirable dust
contains more than 5 percent quartz.
Overexposure to respirable coal mine
dust containing quartz has been
associated with silicosis (black lung).
These lung diseases are irreversible and
may be fatal, but they are preventable.
Parts 70 and 71 also require each coal
mine operator 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 quarterly 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 under 30 CFR
90.207.
Sampling, General and Technical
Requirements under Parts 70, 71, and
90: Section 70.201(b)(2) requires that
DAs identified by the underground coal
mine operator be sampled quarterly
only with an approved Coal Mine Dust
Personal Sampling Unit (CMDPSU)
unless the operator notifies the District
Manager in writing that only an
approved Continuous Personal Dust
Monitor (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
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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 only 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).
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 six months, made available
for inspection by authorized
representatives of the Secretary and,
except in the case of part 90 miners, by
the representative of miners. The
records must also be submitted to the
District Manager when requested in
writing.
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) with 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 with the
shift length. Under sections 70.210(c)
and 71.207(c), if using a CMDPSU, the
operator must complete a dust card,
which includes recording the shift
length.
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
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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).
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 part 70, 71,
or 90 will begin. The mine operator
must submit this information to MSHA
at least 48 hours prior to scheduled
sampling. In addition, 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.
Sections 70.210(d), 71.207(d), and
90.208(d) require that all operator
samples be considered to be taken to
fulfill the sampling requirements of
parts 70, 71, and 90, respectively, unless
the sample has been identified in
writing by the operator to the District
Manager, prior to the intended sampling
shift, as a sample to be used for another
purpose.
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 six months
and be made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.
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, he
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.
Sampling under Parts 70, and 71:
Sections 70.205(b)(2) and 71.205(b)(2)
require that if a CMDPSU is used to
sample respirable coal mine dust, each
approved sampling device must be
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examined each shift by a person
certified in sampling during the last
hour of operation to assure that the
sampling device is operating properly
and at the proper flowrate. If the proper
flowrate is not maintained, the
respirable dust sample must be
transmitted to MSHA with a notation by
the certified person on the back of the
Dust Data Card stating that the proper
flowrate was not maintained. 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) and
71.207(c).
Quarterly Sampling Requirements for
Parts 70, 71, and 90: 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
representative of miners. Also, the
records must be made available for
inspection by the affected part 90 miner
who was sampled.
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 the corrective
actions, a record of the actions taken.
The record must be certified by the
mine foreman or equivalent mine
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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
representative of miners. Also, the
records must be made available for
inspection by the affected part 90 miner
who was sampled.
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.
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
manufacturer for each filter cassette.
The card must have an identification
number identical to that on the cassette
used to take the sample and be
submitted to MSHA with the sample.
Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and include that person’s
MSHA Individual Identification
Number (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).
Section 71.206(h)(3) requires that
when a valid representative sample
taken in accordance with this section
meets or exceeds the ECV that
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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
representative of miners. 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).
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 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
representative of miners.
Transmission of Respirable Coal Mine
Dust Samples by the Operator under
Parts 70, 71, and 90: Sections 70.210(a)
and 71.207(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
part 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.
Sections 70.210(c) and 71.207(c)
require 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 be
submitted to MSHA with the sample.
Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and include that person’s
MSHA Individual Identification
Number (MIIN). Respirable dust
samples with data cards not properly
completed may be voided by MSHA.
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.
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).
Report to the Operator of Respirable
Dust Samples; Post or Provide Results
and Report under Parts 70, 71, and 90:
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. Sections 70.211(c) and 71.208(c)
require, if using a CPDM, the person
certified in sampling, within 12 hours
after the end of each sampling shift, to
print, sign, and post on the mine
bulletin board a paper record (Dust Data
Card) of each sample run. This hardcopy 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
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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).
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. 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 one 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
MSHA Individual Identification
Number (MIIN).
Operational Status Changes under
Parts 70, 71, and 90: 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 part 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.
Revised Dust Control Parameters in
the Mine Ventilation Plan in Response
to Violations of the Applicable Standard
under Part 70: 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
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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.
Dust Control Plan Provisions in
Response to Violations of the
Applicable Standard under Part 71:
Section 71.300(a) requires that the
operator must 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 standard at the
DWP identified in the citation.
Section 71.300(a)(1) requires that the
mine operator must notify the
representative of miners 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 representative of
miners at the time of notification.
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.
Under section 71.301(d)(1), the
approved respirable dust control plan
and any revisions must be provided
upon request to the representative of the
miners by the operator following
notification of 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.
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 Provisions in
Response to Violations of the
Applicable Standard under Part 90:
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
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices
submit to the District Manager for
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.
Section 90.301(d) requires the
operator to provide a copy of the current
respirable dust control plan to the part
90 miner.
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.
Mine Ventilation Plan, Revisions,
Notify Miners’ Representatives, Provide
Copy, and Posting: Section
75.370(a)(3)(i) requires underground
coal mine operators to 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. Section
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. 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.
amozie on DSK9F9SC42PROD with NOTICES
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,
VerDate Sep<11>2014
16:41 May 02, 2019
Jkt 247001
e.g., permitting electronic submission of
responses.
The information collection request
will be available on https://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on 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.
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, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0011.
Affected Public: Business or other forprofit.
Number of Respondents: 1,035.
Frequency: On occasion.
Number of Responses: 1,291,236.
Annual Burden Hours: 62,748 hours.
Annual Respondent or Recordkeeper
Cost: $28,065.
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.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2019–09084 Filed 5–2–19; 8:45 am]
BILLING CODE 45210–43–P
PO 00000
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0078]
Proposed Extension of Information
Collection; Mine Rescue Teams;
Arrangements for Emergency Medical
Assistance; and Arrangements for
Transportation of Injured Persons
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
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 Mine Rescue
Teams; Arrangements for Emergency
Medical Assistance; and Arrangements
for Transportation of Injured Persons.
DATES: All comments must be received
on or before July 2, 2019.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2019–0014.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: 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.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Director, Office of
Standards, Regulations, and Variances,
MSHA, at MSHA.information
.collections@dol.gov (email); 202–693–
9440 (voice); or 202–693–9441
(facsimile).
SUMMARY:
SUPPLEMENTARY INFORMATION:
Frm 00097
Fmt 4703
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Agencies
[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19122-19126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09084]
-----------------------------------------------------------------------
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 2, 2019.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below.
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments for docket
number MSHA-2019-0013.
Regular Mail: Send comments to USDOL-MSHA, Office of
Standards, Regulations, and Variances, 201 12th Street South, Suite
4E401, Arlington, VA 22202-5452.
Hand Delivery: 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.
FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Director, Office of
Standards, Regulations, and Variances, MSHA, at MSHA.information
.[email protected] (email); 202-693-9440 (voice); or 202-693-9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Chronic exposure to respirable coal mine dust causes lung diseases
including coal workers' pneumoconiosis (CWP), emphysema, silicosis, and
chronic bronchitis, 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 1970 and, consequently, lowering the prevalence rate of
black lung among coal miners, severe forms 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) clearly indicates that black
lung remains a key occupational health risk among our nation's coal
miners. According to NIOSH, 933 or 3.7 percent of the 25,558
underground coal miners x-rayed between January 2003 and September 2011
were found to have CWP. Also, in FY 2011, over 28,600 former coal
miners and the dependents of miners received $417 million in ``black
lung'' benefits. Since inception of the federal Black Lung Benefits
Program in 1970, over $45 billion in total benefits have been paid out
to former miners and their dependents.
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 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 or other mines.
This Information Collection 1219-0011 reflects requirements of MSHA's
final rule, Lowering Miners' Exposure to Respirable Coal Mine Dust,
Including Continuous Personal Dust Monitors (79 FR 24814; May 1, 2014)
related to respirable coal mine dust sampling in effect on February 1,
2016, and respirable dust standards in effect on August 1, 2016.
MSHA's standards in 30 CFR parts 70, 71, and 90 require each mine
operator of an underground coal mine, surface coal mine and, surface
work areas of an underground coal mine, and each coal mine operator who
employs a Part 90
[[Page 19123]]
miner, to protect miners from exposure to excessive respirable coal
mine dust levels. 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\). This standard is
reduced using the formula 10 divided by the percent of quartz when the
respirable dust contains more than 5 percent quartz. Overexposure to
respirable coal mine dust containing quartz has been associated with
silicosis (black lung). These lung diseases are irreversible and may be
fatal, but they are preventable. Parts 70 and 71 also require each coal
mine operator 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 quarterly 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 under 30 CFR 90.207.
Sampling, General and Technical Requirements under Parts 70, 71,
and 90: Section 70.201(b)(2) requires that DAs identified by the
underground coal mine operator be sampled quarterly only with an
approved Coal Mine Dust Personal Sampling Unit (CMDPSU) unless the
operator notifies the District Manager in writing that only an approved
Continuous Personal Dust Monitor (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 only 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).
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 six months, made available for
inspection by authorized representatives of the Secretary and, except
in the case of part 90 miners, by the representative of miners. The
records must also be submitted to the District Manager when requested
in writing.
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) with 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
with the shift length. Under sections 70.210(c) and 71.207(c), if using
a CMDPSU, the operator must complete a dust card, which includes
recording the shift length.
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).
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 part 70, 71, or 90
will begin. The mine operator must submit this information to MSHA at
least 48 hours prior to scheduled sampling. In addition, 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.
Sections 70.210(d), 71.207(d), and 90.208(d) require that all
operator samples be considered to be taken to fulfill the sampling
requirements of parts 70, 71, and 90, respectively, unless the sample
has been identified in writing by the operator to the District Manager,
prior to the intended sampling shift, as a sample to be used for
another purpose.
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 six months and be made available for inspection
by authorized representatives of the Secretary and the representative
of miners.
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, he 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.
Sampling under Parts 70, and 71: Sections 70.205(b)(2) and
71.205(b)(2) require that if a CMDPSU is used to sample respirable coal
mine dust, each approved sampling device must be
[[Page 19124]]
examined each shift by a person certified in sampling during the last
hour of operation to assure that the sampling device is operating
properly and at the proper flowrate. If the proper flowrate is not
maintained, the respirable dust sample must be transmitted to MSHA with
a notation by the certified person on the back of the Dust Data Card
stating that the proper flowrate was not maintained. 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) and 71.207(c).
Quarterly Sampling Requirements for Parts 70, 71, and 90: 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 representative of miners. Also, the
records must be made available for inspection by the affected part 90
miner who was sampled.
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 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,
except for part 90 miners, the representative of miners. Also, the
records must be made available for inspection by the affected part 90
miner who was sampled.
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.
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 manufacturer for
each filter cassette. The card must have an identification number
identical to that on the cassette used to take the sample and be
submitted to MSHA with the sample. Each card must be signed by the
certified person who actually performed the required examinations
during the sampling shift and include that person's MSHA Individual
Identification Number (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).
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 representative of miners.
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).
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 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
representative of miners.
Transmission of Respirable Coal Mine Dust Samples by the Operator
under Parts 70, 71, and 90: Sections 70.210(a) and 71.207(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 part 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.
Sections 70.210(c) and 71.207(c) require that a person certified in
sampling properly complete the Dust Data Card that is provided by the
[[Page 19125]]
manufacturer for each filter cassette. The card must have an
identification number identical to that on the cassette used to take
the sample and be submitted to MSHA with the sample. Each card must be
signed by the certified person who actually performed the required
examinations during the sampling shift and include that person's MSHA
Individual Identification Number (MIIN). Respirable dust samples with
data cards not properly completed may be voided by MSHA.
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. 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).
Report to the Operator of Respirable Dust Samples; Post or Provide
Results and Report under Parts 70, 71, and 90: 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. Sections 70.211(c) and
71.208(c) require, if using a CPDM, the person certified in sampling,
within 12 hours after the end of each sampling shift, to print, sign,
and post on the mine bulletin board a paper record (Dust Data Card) of
each sample run. 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).
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. 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
one 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 MSHA Individual Identification Number (MIIN).
Operational Status Changes under Parts 70, 71, and 90: 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 part 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.
Revised Dust Control Parameters in the Mine Ventilation Plan in
Response to Violations of the Applicable Standard under Part 70:
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.
Dust Control Plan Provisions in Response to Violations of the
Applicable Standard under Part 71: Section 71.300(a) requires that the
operator must 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 standard at the DWP identified in
the citation.
Section 71.300(a)(1) requires that the mine operator must notify
the representative of miners 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 representative of miners at the time of notification.
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.
Under section 71.301(d)(1), the approved respirable dust control
plan and any revisions must be provided upon request to the
representative of the miners by the operator following notification of
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.
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 Provisions in Response to Violations of the
Applicable Standard under Part 90: 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
[[Page 19126]]
submit to the District Manager for 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.
Section 90.301(d) requires the operator to provide a copy of the
current respirable dust control plan to the part 90 miner.
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.
Mine Ventilation Plan, Revisions, Notify Miners' Representatives,
Provide Copy, and Posting: Section 75.370(a)(3)(i) requires underground
coal mine operators to 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. Section 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. 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 https://www.regulations.gov. MSHA cautions the commenter against providing any
information in the submission that should not be publicly disclosed.
Full comments, including personal information provided, will be made
available on 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.
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, without change, 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: 1,035.
Frequency: On occasion.
Number of Responses: 1,291,236.
Annual Burden Hours: 62,748 hours.
Annual Respondent or Recordkeeper Cost: $28,065.
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.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2019-09084 Filed 5-2-19; 8:45 am]
BILLING CODE 45210-43-P