Respirable Coal Mine Dust Sampling

Forms and Documents

Document Name	Status
Form MSHA-NA Respirable Coal Mine Dust Sampling Form	Modified
1219-0011 Change Request Justification Statement.docx Justification for No Material/Nonsubstantive Change	2020-10-05
1219-0011 Sup Statement 2019 Final.docx Supporting Statement A	2019-07-26
1219-0011 60-Day FRN 2019.pdf Supplementary Document	2019-06-26

IC Document Collections

IC ID	Document Title	Status
43812	Respirable Coal Mine Dust Sampling Form	Modified

ICR Details

OMB Control No: 1219-0011	ICR Reference No: 202004-1219-003
Status: Active	Previous ICR Reference No: 201904-1219-004
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Respirable Coal Mine Dust Sampling
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/09/2020
	Date Received in OIRA: 10/05/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	10/31/2022	10/31/2022
Responses	1,291,236	0	1,291,236
Time Burden (Hours)	62,538	0	62,748
Cost Burden (Dollars)	20,865	0	28,065

---

Abstract: 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. The existing standards provide that each coal mine operator sample bimonthly the designated occupations or work locations of the mine and submit these samples to MSHA for analysis to determine if the mine is complying with the applicable dust standards.

---

Authorizing Statute(s): US Code: 30 USC 811 Name of Law: Federal Mine Safety and Health Act of 1977
   US Code: 30 USC 813(h) Name of Law: Federal Mine Safety and Health Act of 1977
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 19122	05/03/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 36622	07/29/2019
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Respirable Coal Mine Dust Sampling	MSHA-NA	Mine Operator Coal Dust Operator Data Card

---

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	1,291,236	1,291,236	0	0	0	0
Annual Time Burden (Hours)	62,538	62,748	0	0	-210	0
Annual Cost Burden (Dollars)	20,865	28,065	0	0	-7,200	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: This non-substantive change request changes the following while respondents and responses remain the same. The number of respondents has remained the same at 1,035. Annual responses remain at 1,291,236. Changes: • Burden Hours: MSHA estimates that annual burden hours have decreased from 62,748 to 62,538. • Costs: MSHA estimates that annual burden costs have decreased from $28,065 to $20,865.

---

Annual Cost to Federal Government: $579,257

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

---

Common Form ICR:  No

---

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: 10/05/2020

---