Health Standards for Diesel Particulate Matter Exposure (Underground Metal and Nonmetal Mines)

Forms and Documents

Document Name	Status
6_4_2012_77FR33002.pdf Supplementary Document	2012-08-22
1219-0135 Supporting Statement Final 8-9-12.doc Supporting Statement A	2012-08-09

IC Document Collections

IC ID	Document Title	Status
14522	Health Standards for Diesel Particulates (Underground Metal and Nonmetal Mines)	Modified

ICR Details

OMB Control No: 1219-0135	ICR Reference No: 201205-1219-003
Status: Historical Active	Previous ICR Reference No: 200905-1219-005
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Health Standards for Diesel Particulate Matter Exposure (Underground Metal and Nonmetal Mines)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/02/2012
	Date Received in OIRA: 08/28/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	36 Months From Approved	10/31/2012
Responses	28,022	0	18,752
Time Burden (Hours)	3,329	0	3,331
Cost Burden (Dollars)	509,532	0	176,363

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Abstract: Under Section 101(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), and Title 5, United States Code, Section 553, the Secretary of Labor shall 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. Diesel particulate matter (DPM) is a probable carcinogen that consists of tiny particles present in diesel engine exhaust that can readily penetrate into the deepest recesses of the lungs. Despite ventilation, the confined underground mine work environment may contribute to significant concentrations of particles produced by equipment used in the mine. Underground miners are exposed to higher concentrations of DPM than any other occupational group. As a result, they face a significantly greater risk than other workers of developing such diseases as lung cancer, heart failure, serious allergic responses and other cardiopulmonary problems. The DPM rule establishes a permissible exposure limit (PEL) to total carbon, which is a surrogate for measuring a miner's exposure to DPM. The rule includes a number of other requirements for the protection of miners' health. The DPM existing rule contains information collection requirements for underground MNM mine operators under §§ 57.5060, 57.5065, 57.5066, 57.5070, 57.5071, and 57.5075(a) and (b)(3).

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Authorizing Statute(s): PL: Pub.L. 91 - 173 101(a) Name of Law: The Federal Mine Safety and Health Act of 1977
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 33002	06/04/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 52060	08/28/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Health Standards for Diesel Particulates (Underground Metal and Nonmetal Mines)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	28,022	18,752	0	0	9,270	0
Annual Time Burden (Hours)	3,329	3,331	0	0	-2	0
Annual Cost Burden (Dollars)	509,532	176,363	0	0	333,169	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The calculated responses have been adjusted because the previous submission undercounted the number of responses. There was no significant change in number of respondents or burden hours, because these were correctly calculated in the previous submission. The costs increased because the estimated cost of maintaining respirators has increased. Respondents from 173 to 173 (no change) Responses from 18,752 to 28,022 (increase of 9,270) Hours from 3,331 to 3,329 (decrease of 2) Costs from $176,363 to $512,679 (increase of $336,316)

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Annual Cost to Federal Government: $166,554

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/28/2012

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