Respirable Crystalline Silica Standard

Forms and Documents

Document Name	Status
1219-00xx RCS Supporting Statement 2023.docx Supporting Statement A	2023-07-13

IC Document Collections

IC ID	Document Title	Status
257840	Respirable Crystalline Silica Standard	New

ICR Details

OMB Control No:	ICR Reference No: 202007-1219-006
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Respirable Crystalline Silica Standard
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	192,102	0
Time Burden (Hours)	41,440	0
Cost Burden (Dollars)	2,593,541	0

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Abstract: MSHA proposes to lower the existing exposure limit (PEL) for respirable crystalline silica from 100 µg/m3 to 50 µg/m3 at mining operations due to the serious health hazard such exposure presents to miners. Exposure at the existing PEL is known to cause silicosis, an irreversible but preventable lung disease; non-malignant respiratory disease (other than silicosis); lung cancer; and renal and autoimmune effects in susceptible individuals. The proposed rule, once implemented, would significantly enhance health protection for metal and nonmetal miners as well as coal miners. MSHA’s proposed respirable silica rule includes provision for lowering the respirable crystalline silica permissible exposure limit; MSHA’s longstanding practice that the hierarchy of controls be used at metal and nonmetal as well as coal mines to lower exposures; prohibiting rotation of miners for compliance with this rule; a written respiratory protection program; medical evaluation and transfer rights for metal and nonmetal as well as coal miners who are medically unable to wear required respiratory protection under this standard; exposure assessment and monitoring, including rights of miners or their representatives to observe monitoring and have access to records; medical evaluation of miners’ health; and recordkeeping. Proposed paperwork requirements would be contained in a written respiratory protection program, involve medical records, copying and posting of sampling results, and the creation and maintenance of records.

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Authorizing Statute(s): PL: Pub.L. 95 - 164 103(h) Name of Law: Federal Mine Safety and Health Act of 1977
   PL: Pub.L. 95 - 164 101(a) Name of Law: 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:
1219-AB36	Proposed rulemaking	88 FR 44852	07/13/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 44852	07/13/2023
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
Respirable Crystalline Silica Standard

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ICR Summary of Burden

	Total Request	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	192,102	0	0	192,102	0	0
Annual Time Burden (Hours)	41,440	0	0	41,440	0	0
Annual Cost Burden (Dollars)	2,593,541	0	0	2,593,541	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This ICR package shows below the estimated responses, burden hours, and costs that will be applied to the individual control numbers as a result of the final rule. OMB CONTROL NUMBER 1219-0011 Affected Public: Business or other for-profit (mine operators) Estimated Number of Respondents: 676 (0 from this rulemaking) Estimated Number of Responses: 995,102 (0 from this rulemaking) Estimated Number of Burden Hours: 58,259 (0 from this rulemaking) Estimated Hour Burden Costs: $3,271,611 ($0 from this rulemaking) Estimated Capital Costs to Respondents: $29,835 ($0 from this rulemaking) OMB CONTROL NUMBER 1219–0048 Estimated Number of Respondents: 0 (-350 from this rulemaking) Estimated Number of Responses: 0 (-630 from this rulemaking) Estimated Number of Burden Hours: 0 (-3,588 from this rulemaking) Estimated Hour Burden Costs: $0 (-$284,084 from this rulemaking) Estimated Capital Costs to Respondents: $0 (-$140,000 from this rulemaking) IC 1219-0NEW This is new to the OMB inventory. Affected Public: Business or other for-profit (mine operators) Estimated Number of Respondents: an annual average of 46,198 respondents. Estimated Number of Responses: An annual average of 192,102 responses. Estimated Number of Burden Hours: An annual average of 41,440 burden hours. Estimated Hour Burden Costs: An annual average of $2,593,541. Estimated Capital Costs to Respondents: An annual average of $25,262.

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Annual Cost to Federal Government: $0

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

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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: 07/13/2023

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