Respirable Crystalline Silica Standard

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1219-0156 Supporting Statement 2024 3-22-2024.docx	Supporting Statement A	Uploaded 2024-03-22	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
257840	Respirable Crystalline Silica Standard		Modified

ICR Details

OMB Control No: 1219-0156	ICR Reference No: 202310-1219-001
Status: Active	Previous ICR Reference No: 202007-1219-006
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
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/06/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/18/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved
Responses	265,509	0	0
Time Burden (Hours)	63,972	0	0
Cost Burden (Dollars)	775,683	0	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	Final or interim final rulemaking	89 FR 28218	04/18/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Respirable Crystalline Silica Standard

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ICR Summary of Burden

table that charts list 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	265,509	0	0	265,509	0	0
Annual Time Burden (Hours)	63,972	0	0	63,972	0	0
Annual Cost Burden (Dollars)	775,683	0	0	775,683	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 is a new collection.

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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: 04/18/2024

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