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

Forms and Documents

Document Name	Status
1219-0135 published 60 Day 70538 86 December 10 2021.pdf Supplementary Document	2022-02-09
1219-0135 Sup Statement 11-16-2021.docx Supporting Statement A	2022-02-09

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: 202201-1219-003
Status: Received in OIRA	Previous ICR Reference No: 201901-1219-007
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	Date Submitted to OIRA: 03/29/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	54,696	54,175
Time Burden (Hours)	11,218	9,661
Cost Burden (Dollars)	421,942	431,508

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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 regulations 30 C.F.R. §§ 57.5060, 57.5065, 57.5066, 57.5070, 57.5071, and 57.5075.

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Authorizing Statute(s): US Code: 30 USC 813(h) Name of Law: Federal Mine Safety and Health Act of 1977
   US Code: 30 USC 811(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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 70538	12/10/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 18041	03/29/2022
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 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	54,696	54,175	0	0	521	0
Annual Time Burden (Hours)	11,218	9,661	0	0	1,557	0
Annual Cost Burden (Dollars)	421,942	431,508	0	0	-9,566	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 number of respondents remained virtually unchanged. While the number of mines decreased by 1, the number of miners increased by 24, thus causing an increase in the number of responses. The increase in the number of hours was due in large part to an increase from 40 minutes to 60 minutes in the estimate of time in section 57.5071 to set up and perform a diesel particulate sample. Costs decreased due to a decrease in the number of working areas. Respondents decreased from 195 to 194. Responses increased from 54,175 to 54,696. Hours increased from 9,661 to 11,218. Costs from decreased from $431,508 to $421,942.

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Annual Cost to Federal Government: $228,860

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: 03/29/2022

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