[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38323-38324]
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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/m3). Because
overexposure to respirable coal mine dust containing quartz has been
associated with some miners developing silicosis (black lung), the 2.0
mg/m3 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/m3.
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/m3. 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
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]
BILLING CODE 4510-43-P
