Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines)

Forms and Documents

Document Name	Status
1219-0124 Published 60-Day FRN 3-21-2023.pdf Supplementary Document	2023-09-08
1219-0124 Supporting Statement 2023.docx Supporting Statement A	2023-05-23

IC Document Collections

IC ID	Document Title	Status
209204	72.520 (Clerical Copy and Send of Inventory Changes) Instruction	Modified
209203	72.520 (Diesel Machine-Specific Information and Maintenance Changes) Instruction	Modified
209202	72.520 (Diesel Machine Changes/ Emission Control or Filtration) Instruction	Modified
209200	72.510 (Miners Signing of Record)	Unchanged
209199	72.510 (Clerical Registration of Miners)	Modified
209198	72.510 (Clerical Prep)	Unchanged
14501	72.510 (Supervisor Instruction)	Unchanged

ICR Details

OMB Control No: 1219-0124	ICR Reference No: 202303-1219-005
Status: Received in OIRA	Previous ICR Reference No: 201912-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Health Standards for Diesel Particulate Matter Exposure (Underground Coal 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: 09/14/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	55,980	55,980
Time Burden (Hours)	710	710
Cost Burden (Dollars)	24	24

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Abstract: Under Section 101(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 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. In addition, Section 103(h) of the Mine Act mandates that mine operators keep any records and make any reports that are reasonably necessary for the Mine Safety and Health Administration to perform its duties under the Mine Act. MSHA established standards and regulations for diesel-powered equipment in underground coal mines that provide additional important protection for coal miners who work on and around diesel-powered equipment. The standards were designed to reduce the risks to underground coal miners of serious health hazards that are associated with exposure to high concentrations of diesel particulate matter. The standards contain information collection requirements for underground coal mine operators in §§ 72.510(a) & (b), 72.520(a) & (b). Section 72.510(a) requires underground coal mine operators to provide annual training to all miners who may be exposed to diesel emissions. The training must include health risks associated with exposure to diesel particulate matter; methods used in the mine to control diesel particulate concentrations; identification of the personnel responsible for maintaining those controls; and actions miners must take to ensure controls operate as intended. Section 72.510(b) requires underground coal mine operators to keep a record of the training for one year. Section 72.520(a) and (b) requires underground coal mine operators to maintain an inventory of diesel powered equipment units together with a list of information about any unit's emission control or filtration system. The list must be updated within 7 calendar days of any change.

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Authorizing Statute(s): US Code: 30 USC 811 Name of Law: Federal Mine Safety & Health Act of 1977
   US Code: 30 USC 813(h) Name of Law: Federal Mine Safety & 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:
	88 FR 54	03/21/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 63131	09/14/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
72.510 (Clerical Prep)
72.510 (Clerical Registration of Miners)
72.510 (Miners Signing of Record)
72.510 (Supervisor Instruction)
72.520 (Clerical Copy and Send of Inventory Changes)
72.520 (Diesel Machine Changes/ Emission Control or Filtration)
72.520 (Diesel Machine-Specific Information and Maintenance Changes)

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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	55,980	55,980	0	0	0	0
Annual Time Burden (Hours)	710	710	0	0	0	0
Annual Cost Burden (Dollars)	24	24	0	0	0	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:

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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: 09/14/2023

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