Extension of a Currently Approved Collection; Respirable Coal Mine Dust Sampling, 19122-19126 [2019-09084]

Download as PDF 19122 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices • 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 http://www.regulations.gov and http://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. amozie on DSK9F9SC42PROD with NOTICES 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 VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 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: http://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: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 amozie on DSK9F9SC42PROD with NOTICES Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices 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 VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 19123 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 E:\FR\FM\03MYN1.SGM 03MYN1 amozie on DSK9F9SC42PROD with NOTICES 19124 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices 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 VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03MYN1.SGM 03MYN1 amozie on DSK9F9SC42PROD with NOTICES Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices 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 VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 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 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 19125 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 E:\FR\FM\03MYN1.SGM 03MYN1 19126 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 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. 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: http://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 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1

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]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0011]


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

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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

DATES: All comments must be received on or before July 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: http://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 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.
    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