[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38323-38324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15684]



[[Page 38323]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Extension of Existing Information Collection; Respirable 
Coal Mine Dust Sampling

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, the Department of Labor conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and continuing 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 is 
soliciting comments concerning the extension of the information 
collection for 30 CFR 70.201(c); 90.201(c); 71.201(c) and (e); 
70.205(c); 71.205(c); 90.205(c); 70.209(a), (c), and (d); 71.209(a), 
(c), and (d); 90.209(a), (c), and (d); 70.210(b); 71.210(b); 90.210(b); 
70.220(a); 71.220(a); 90.220; 71.300(a); 90.300(a); 71.301(d) and (e); 
and 90.301(d) and (e).
    OMB last approved this information collection request on October 
13, 2009. This information collection expires on October 31, 2012.

DATES: All comments must be postmarked or received by midnight Eastern 
Time on August 27, 2012.

ADDRESSES: Comments concerning the information collection requirements 
of this notice must be clearly identified with ``OMB 1219-0011'' and 
sent to the Mine Safety and Health Administration (MSHA). Comments 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.
     Facsimile: 202-693-9441, include ``OMB 1219-0011'' in the 
subject line of the message.
     Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, VA 22209-3939. For hand delivery, sign in at the 
receptionist's desk on the 21st floor.

FOR FURTHER INFORMATION CONTACT: Greg Moxness, Chief, Economic Analysis 
Division, Office of Standards, Regulations, and Variances, MSHA, at 
moxness.greg@dol.gov (email); 202-693-9440 (voice); or 202-693-9441 
(facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    The title of the information collection is being changed from 
``Mine Operator Dust Data Card'' to ``Respirable Coal Mine Dust 
Sampling'' to more accurately reflect the type of information that is 
collected.
    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, the prevalence rate of black lung 
among coal miners, severe forms of this disease continue to be 
identified. Newly released information from the federally funded Coal 
Workers' Health Surveillance Programs administered by the National 
Institute for Occupational Safety and Health (NIOSH) indicate that 
black lung remains an 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 black lung. Also, in FY 2011, over 28,600 former 
coal miners and the dependents of miners received $417 million in black 
lung benefits. And, since inception of the federal Black Lung Benefits 
Program in 1970, over $44 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 in protecting the safety and health of 
miners. Further, Section 101(a) of the Mine Act, 30 U.S.C. 811, 
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.
    The implementing standards in 30 CFR parts 70, 71, and 90 require 
each coal mine operator to protect miners from exposure to excessive 
dust levels. Parts 70 and 71 require each coal mine operator to 
continuously maintaining the average concentration of respirable coal 
mine dust in the mine atmosphere where miners normally work or travel 
at or below 2.0 milligrams per cubic meter of air (mg/m\3\). Because 
overexposure to respirable coal mine dust containing quartz has been 
associated with some miners developing silicosis (black lung), the 2.0 
mg/m\3\ standard is further reduced, using the formula 10 / % quartz, 
when the respirable dust contains more than 5 percent quartz. 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 1.0 mg/m\3\.
    In addition, if a part 90 miner is employed at the mine, part 90 
requires the coal mine operator 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 1.0 mg/m\3\. This standard is also reduced further 
if more than 5 percent quartz is found in the mine atmosphere during 
each shift to which the part part 90 miner is exposed.
    This information collection addresses the recordkeeping associated 
with the following requirements in 30 CFR parts 70, 71, and 90.

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                 30 CFR                               Title
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Sec.  Sec.   70.201(c); 90.201(c); and   Sampling; general requirements
 71.201(c), (e).
Sec.  Sec.   70.205(c); 71.205(c);       Approved sampling devices;
 90.205(c).                               operation; air flowrate
Sec.  Sec.   70.209(a), (c), and (d);    Respirable dust samples;
 71.209(a), (c), and (d); and             transmission by operator Mine
 90.209(a), (c), and (d).                 Operator Dust Data Card
Sec.  Sec.   70.210(b); 71.210(b)......  Respirable dust samples; report
                                          to operator; posting
Sec.   90.210(b).......................  Respirable dust samples; report
                                          to operator
Sec.  Sec.   70.220(a); 71.220(a);       Status change reports
 90.220.
Sec.  Sec.   71.300(a); 90.300(a)......  Respirable dust control plan;
                                          filing requirements
Sec.   71.301(d) and (e)...............  Respirable dust control plan;
                                          approval by District Manager
                                          and posting

[[Page 38324]]

 
Sec.   90.301(d) and (e)...............  Respirable dust control plan;
                                          approval by District Manager;
                                          copy to part 90 Miner
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II. Desired Focus of Comments

    The Mine Safety and Health Administration (MSHA) is soliciting 
comments concerning the proposed extension of the information 
collection related to existing standards that require coal mine 
operators sample bimonthly designated occupations or work locations and 
submit these samples to MSHA for analysis to determine if the mine is 
complying with the applicable dust standards. 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 the 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
     Address the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology (e.g., permitting electronic submissions of 
responses), to minimize the burden of the collection of information on 
those who are to respond.
    The public may examine publicly available documents, including the 
public comment version of the supporting statement, at MSHA, Office of 
Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 
2350, Arlington, VA 22209-3939. OMB clearance requests are available on 
MSHA's Web site at http://www.msha.gov under ``Rules & Regs'' on the 
right side of the screen by selecting Information Collections Requests, 
Paperwork Reduction Act Supporting Statements. The document will be 
available on MSHA's Web site for 60 days after the publication date of 
this notice. Comments submitted in writing or in electronic form will 
be made available for public inspection. Because comments will not be 
edited to remove any identifying or contact information, MSHA cautions 
the commenter against including any information in the submission that 
should not be publicly disclosed. Questions about the information 
collection requirements may be directed to the person listed in the FOR 
FURTHER INFORMATION CONTACT section of this notice.

III. Current Actions

    The information obtained from mine operators is used by MSHA to 
determine compliance with health standards associated with 30 CFR parts 
70, 71, and 90. MSHA has updated the data for the number of respondents 
and responses, and the total burden hours and burden costs supporting 
this information collection extension request.

Summary

    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Mine Operator Dust Data Card.
    OMB Number: 1219-0011.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc. 30 CFR 70.201(c); 90.201(c); 71.201(c) and 
(e); 70.205(c); 71.205(c); 90.205(c); 70.209(a), (c), and (d); 
71.209(a), (c), and (d); 90.209(a), (c), and (d); 70.210(b); 71.210(b); 
90.210(b); 70.220(a); 71.220(a); 90.220; 71.300(a); 90.300(a); 
71.301(d) and (e); and 90.301(d) and (e).
    Total Number of Respondents: 800.
    Frequency: Various.
    Total Number of Responses: 63,193.
    Total Burden Hours: 8,571 hours.
    Other Annual Cost Burden: $44,065.
    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.

    Authority:  44 U.S.C. 3506(c)(2)(A).

    Dated: June 22, 2012.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2012-15684 Filed 6-26-12; 8:45 am]
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