1219-0011 Published 60 Day FRN

Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices
Signed at Washington, DC, this 17th day of
May 2022.
Eric Molina,
Acting Chief, Division of Management
Systems, Bureau of Labor Statistics.
[FR Doc. 2022–10984 Filed 5–20–22; 8:45 am]
BILLING CODE 4510–24–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0011]

Extension of a Currently Approved
Collection; Respirable Coal Mine Dust
Sampling
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995. This program helps to assure that
requested data can be provided in the
desired format, reporting burden (time
and financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Respirable
Coal Mine Dust Sampling.
DATES: All comments must be received
on or before July 22, 2022.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2022–0025.
• Mail/Hand Delivery: Mail or visit
DOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452. Before visiting MSHA
in person, call 202–693–9455 to make
an appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
• MSHA will post your comment as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.

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SUMMARY:

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S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
[email protected]
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Background
Chronic exposure to respirable coal
mine dust causes various lung diseases,
including coal workers’ pneumoconiosis
(CWP), emphysema, silicosis, and
chronic bronchitis, that are known
collectively as ‘‘black lung.’’ These
diseases are debilitating and can result
in disability and premature death.
While considerable progress has been
made in lowering dust levels since the
1970s and, consequently, in lowering
the prevalence rate of black lung among
coal miners, severe cases of black lung
continue to be identified. Information
from the federally funded Coal Workers’
Health Surveillance Programs
administered by the National Institute
for Occupational Safety and Health
(NIOSH) indicates that black lung
remains a key occupational health risk
among our nation’s coal miners.
According to NIOSH, 402 (or 2.7
percent) of the 14,775 underground coal
miners who participated in the Coal
Workers Health Surveillance Program
and were x-rayed between January 2010
and December 2014 were found to have
CWP (NIOSH 2019).
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 of Labor
(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 and other mines. This
Information Collection, OMB No. 1219–
0011, concerns requirements for
respirable coal mine dust sampling that
took effect on February 1, 2016, and
respirable dust standards that took effect
on August 1, 2016, under MSHA’s final
rule, Lowering Miners’ Exposure to
Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors (79
FR 24814; May 1, 2014).
MSHA’s standards in 30 CFR parts 70,
71, and 90 require each mine operator
of an underground coal mine, surface
coal mine, or surface work area of an
underground coal mine, and each coal
mine operator who employs a part 90
miner, to protect miners from exposure
to excessive levels of respirable coal

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31261

mine dust. Parts 70 and 71 require each
coal mine operator to continuously
maintain the average concentration of
respirable coal mine dust in the mine
atmosphere where miners normally
work or travel at or below 1.5
milligrams per cubic meter (mg/m3).
When the respirable dust contains more
than 5 percent quartz, this standard is
reduced to an amount equivalent to 10
divided by the percentage of quartz in
the dust sample. In addition, each coal
mine operator is required to
continuously maintain the average
concentration of respirable dust in
intake airways at underground mines at
or below 0.5 mg/m3.
If a part 90 miner is employed at the
mine, the coal mine operator is required
to continuously maintain the average
concentration of respirable dust in the
mine atmosphere during each shift to
which the part 90 miner in the active
workings of the mine is exposed at or
below 0.5 mg/m3. This standard is also
reduced if more than 5 percent quartz is
found in the mine atmosphere during
each shift to which the part 90 miner is
exposed.
MSHA’s standards require that coal
mine operators sample respirable coal
mine dust on a quarterly basis and
submit these samples to MSHA for
analysis to determine if the mine is
complying with the applicable dust
standards. Underground coal mine
operators must sample: The Designated
Occupation (DO) and Other Designated
Occupation (ODO) in each Mechanized
Mining Unit (MMU) under 30 CFR
70.208; and each Designated Area (DA)
at locations specified in the operator’s
approved mine ventilation plan under
30 CFR 70.209. In addition, Designated
Work Positions (DWPs) at surface coal
mines and surface work areas of
underground coal mines must be
sampled under 30 CFR 71.206.
Furthermore, each part 90 miner must
be sampled quarterly under 30 CFR
90.207.
The following sections provide a
description of the information collection
requirements for Respirable Coal Mine
Dust Sampling conducted under 30 CFR
parts 70, 71, and 90. The requirements
include general and technical
requirements for sampling, sampling
device flowrate, operator transmission
of respirable dust samples, quarterly
sampling, posting or providing
respirable dust sampling reports and
dust data cards, status changes,
respirable dust control plans, and mine
ventilation plans.

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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices

A. Information Collections Related to
Sampling

technical requirements for sampling
conducted under parts 70, 71, and 90,
such as the use of continuous personal
dust monitors (CPDMs) instead of coal

Table 1 summarizes the information
collections related to general and

mine dust personal sampling units
(CMDPSUs), shift length, and sampling
start date and time.

TABLE 1—GENERAL AND TECHNICAL REQUIREMENTS FOR SAMPLING
30 CFR provision

Topic

General description of collection requirements

70.201(b)(2) 71.201(a) ..

Use of CMDPSU or
CPDM.
Shift length ..................

Samples taken quarterly using an approved CMDPSU, unless the operator notifies the District Manager (DM) 90 days before use that an approved CPDM will be used.
Length of each shift recorded; retained for 6 months; made available for inspection; submitted to the DM when requested.
Upon request from the DM, submission of the date and time of sampling start, at least 48
hours prior to start.
Upon written request by the operator, the DM may waive the rain restriction.
Recording the amount of run-of-mine material produced by each MMU during each shift to
determine the average production for the most recent 30 production shifts; retained for 6
months; made available for inspection.
When choosing not to use a CPDM in anthracite mining that uses full box, open breast, or
slant breast mining, provide written notification to the DM.

70.201(e), 71.201(d),
90.201(f).
70.201(f), 71.201(e),
90.201(g).
71.201(f) ........................
70.201(g) .......................

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70.201(j), 90.201(j) ........

Sampling start date
and time.
Rain restriction ............
Run-of-mine material
produced.
Use of CPDM in anthracite mining.

Use of CMDPSU or CPDM: Section
70.201(b)(2) requires that DAs identified
by the underground coal mine operator
be sampled quarterly with an approved
CMDPSU unless the operator notifies
the District Manager in writing that an
approved CPDM will be used for all DA
sampling at the mine. With respect to
DWP sampling, section 71.201(a)
requires each mine operator of a surface
coal mine and each mine operator of an
underground coal mine with surface
work areas who is sampling on the
surface to sample with an approved
CMDPSU. However, the operator may
use an approved CPDM if the operator
notifies the District Manager in writing
that an approved CPDM will be used for
all DWP sampling at the mine. MSHA
does not expect underground coal mine
operators to use the CPDM to conduct
DA sampling underground or DWP
sampling on the surface area of the
underground mine. Also, MSHA does
not expect surface coal mine operators
to use the CPDM to conduct DWP
sampling. Thus, there are no
notifications to the MSHA District
Manager and therefore no burdens to
operators for sections 70.201(b)(2) and
71.201(a).
Shift length: Sections 70.201(e),
71.201(d), and 90.201(f) require that
coal mine operators make records
showing the length of: Each production
shift for each MMU; each normal work
shift for each DWP; and each shift for
each part 90 miner, respectively. These
provisions also require that the records
be retained for at least 6 months, made
available for inspection by authorized
representatives of the Secretary and,
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the miners’ representative. The records
also must be submitted to the District
Manager when requested in writing.
There are no separate burdens shown
for recording shift lengths for sections
70.201(e) for underground coal mines
and 90.201(f) related to part 90 miners
when sampling is conducted because
records of shift length are accounted for
under sections 70.211(c) and 90.209(c)
when a CPDM Dust Data Card is printed
and signed. However, burdens for
recording shift lengths when sampling
is not conducted are shown under
sections 70.201(e) and 90.201(f).
For surface work areas of
underground coal mines and surface
coal mines, there is no burden shown
for section 71.201(d) when DWP
sampling is conducted because records
of shift length are accounted for under
section 71.207(c) when a CMDPSU Dust
Data Card is completed. However, the
burden for recording shift length when
sampling is not conducted is shown
under section 71.201(d).
Sampling start date and time:
Sections 70.201(f), 71.201(e), and
90.201(g) require that upon request from
the District Manager, the operator must
submit the date and time any respirable
dust sampling required by parts 70, 71,
or 90 will begin. The mine operator
must submit this information to MSHA
at least 48 hours prior to scheduled
sampling.
Rain restriction: Under section
71.201(f), a mine operator may request,
in writing, that the rain restriction for a
‘‘normal work shift’’ as defined in
section 71.2 be waived by the District
Manager.
Run-of-mine material produced:
Section 70.201(g) requires that to

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establish a normal production shift, the
operator must record the amount of runof-mine material produced by each
MMU during each shift to determine the
average production for the most recent
30 production shifts, or for all
production shifts if fewer than 30 shifts
of production data are available. It also
requires that the production records
must be retained for at least 6 months
and be made available for inspection by
authorized representatives of the
Secretary and the miners’
representative.
Use of CPDM in anthracite mining:
Sections 70.201(j) and 90.201(j) allow
the mine operator of an anthracite mine
that uses the full box, open breast, or
slant breast mining method to use either
a CPDM or a CMDPSU for respirable
coal mine dust sampling required under
part 70 or part 90. However, if the mine
operator chooses not to use a CPDM, the
operator must notify the District
Manager in writing of this decision. To
estimate the full cost impact upon coal
mine operators, MSHA assumed that
these operators will use the CPDM for
the required sampling. Therefore, no
burden was estimated at this time for
these operators to notify the District
Manager of their choice not to use the
CPDM. Operators may reevaluate
whether to use the CPDM. Therefore,
future updates to this package may
result in a burden for these provisions.
B. Information Collections Related to
Improper Sampling Device Flowrate
Table 2 summarizes information
collections related to sampling device
flowrate requirements conducted under
parts 70, 71, and 90.

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31263

TABLE 2—SAMPLING DEVICE FLOWRATE
30 CFR provision
70.205(b)(2),
71.205(b)(2),
90.205(b)(2).

Topic

General description of collection requirements

Proper flowrate ...........

Proper flowrate: Sections 70.205(b)(2),
71.205(b)(2), and 90.205(b)(2) require
that if a CMDPSU is used to sample
respirable coal mine dust, each
approved sampling device must be
examined each shift by a person
certified in sampling during the last
hour of operation to ensure that the
sampling device is operating properly
and at the proper flowrate. If the proper
flowrate is not maintained, the certified
person must note that the proper
flowrate was not maintained on the back
of the Dust Data Card, and the card must

When using a CMDPSU, each sampling device must be examined by a person certified in
sampling, and when the proper flowrate is not maintained, the certified person must note
this on the Dust Data Card and transmit to MSHA.

accompany the sample which must be
transmitted to MSHA. Other events
occurring during the collection of
respirable coal mine dust samples that
may affect the validity of the sample,
such as dropping of the sampling head
assembly onto the mine floor, must also
be noted on the back of the Dust Data
Card. The burdens for these
requirements are included in the
burdens estimated to complete the Dust
Data Cards under sections 70.210(c),
71.207(c) and 90.208(c).

C. Information Collections Related to
Operator Transmission of Respirable
Dust Samples
Table 3 summarizes information
collections related to transmission of
respirable coal mine dust samples by
the operator under parts 70, 71, and 90,
such as operator transmission of
samples to MSHA, completing the Dust
Data Card, and notification of samples
taken for other purposes.

TABLE 3—OPERATOR TRANSMISSION OF RESPIRABLE DUST SAMPLES

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30 CFR provision

Topic

General description of collection requirements

70.210(a), 71.207(a),
90.208(a).
70.210(c), 71.207(c),
90.208(c).
70.210(d), 71.207(d),
90.208(d).

Transmitting samples
to MSHA.
Completing the Dust
Data Card.
Samples for other purposes.

70.210(f), 71.207(f),
90.208(f).

CPDM data file information.

When using a CMDPSU, transmit all samples collected within 24 hours after the sampling
shift to MSHA.
The person certified in sampling must complete the Dust Data Card for each filter cassette
and must provide a signature.
All operator samples must be included to fulfill the sampling requirements, unless the sample has been identified in writing to the DM prior to the intended shift as a sample to be
used for another purpose.
When using a CPDM, the certified person must validate, certify, and transmit to MSHA within 24 hours after the end of each shift all sample data file information collected and stored
in the CPDM and maintained for at least 12 months.

Transmitting samples to MSHA:
Sections 70.210(a), 71.207(a), and
90.208(a) require that if a CMDPSU is
used to sample, the operator must
transmit within 24 hours after the end
of the sampling shift all samples
collected to fulfill the requirements of
parts 70, 71, or 90, including control
filters, in containers provided by the
manufacturer of the filter cassette to:
Respirable Dust Processing Laboratory,
Pittsburgh Safety and Health
Technology Center, Cochrans Mill Road,
Building 38, P.O. Box 18179, Pittsburgh,
Pennsylvania 15236–0179, or to any
other address designated by the District
Manager.
Completing the Dust Data Card:
Sections 70.210(c), 71.207(c), and
90.208(c) require that a person certified
in sampling properly complete the Dust
Data Card that is provided by the
manufacturer for each filter cassette.
The card must have an identification
number identical to that on the cassette
used to take the sample and must be
submitted to MSHA with the sample.
Each card must be signed by the
certified person who performed the

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required examinations during the
sampling shift and include that person’s
MSHA Individual Identification
Number (MIIN). Respirable dust
samples with Dust Data Cards not
properly completed may be voided by
MSHA.
Samples for other purposes: Sections
70.210(d), 71.207(d), and 90.208(d)
require all operator samples be included
as samples taken to fulfill the sampling
requirements of parts 70, 71, and 90,
respectively, unless the operator
identified the sample in writing to the
District Manager and prior to the
intended sampling shift as a sample to
be used for another purpose.
CPDM data file information: Sections
70.210(f), 71.207(f), and 90.208(f)
require that if a CPDM is used to
sample, the person certified in sampling
must validate, certify, and transmit
electronically to MSHA within 24 hours
after the end of each sampling shift all
sample data file information collected
and stored in the CPDM, including the
sampling status conditions encountered
when sampling. All CPDM data files
transmitted electronically to MSHA

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must be maintained by the operator for
at least 12 months.
The burdens for sections 70.210(a),
(c), and (f), 71.207(a) and (c), and
90.208(f) are included in the burdens for
sections 70.210, 71.207, and 90.208,
respectively. Section 71.207(f) pertains
only to using the CPDM. However,
operators of surface coal mines and
operators of surface work areas of
underground coal mines are only
required to use the CPDM for part 90
miner sampling, and MSHA does not
expect them to use the CPDM to
conduct DWP sampling. Thus, the
burden for section 71.207(f) is
accounted for in the burden for section
90.208(f).
D. Information Collections Related to
Quarterly Sampling
Table 4 summarizes information
collections related to quarterly sampling
conducted under parts 70, 71, and 90,
such as recording corrective actions
when samples exceed the excessive
concentration value (ECV) or following
a citation.

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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices
TABLE 4—QUARTERLY SAMPLING

30 CFR provision
70.208(e)(3),
70.209(c)(3),
90.207(c)(3).
70.208(h)(3),
70.209(f)(3),
90.207(f)(3).
70.208(i)(2),
70.209(g)(2).
71.206(d) .......................

71.206(e) .......................

71.206(h)(3) ...................

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71.206(k)(3) ...................

Topic

General description of collection requirements

Record of corrective
actions taken when
sample exceeds the
ECV.
Record of corrective
actions taken following a citation.

When a valid sample meets or exceeds the ECV, the operator must, upon implementation of
corrective actions, make a record of the actions taken. The record must be certified by the
mine official; made in a secure book; retained for at least 1 year; and made available for
inspection (except for part 90 miners).
Upon issuance of a citation, the operator must, upon implementation of corrective actions,
make a record of the actions taken. The record must be certified by the mine official;
made in a secure book; retained for at least 1 year; and made available for inspection
(except for part 90 miners).
A citation will be terminated when the operator has submitted to the DM revised dust control
parameters and the changes are approved by the DM.

Revised dust control
parameters following
a citation.
Identifying specific
work positions
where DWP samples will be collected.
Notifying MSHA that
sample was not
taken on a normal
work shift.
Record of corrective
actions taken when
sample exceeds the
ECV.
Record of corrective
actions taken following a citation.

Record of corrective actions taken
when sample exceeds the ECV:
Quarterly sampling requirements are in
section 70.208 for MMUs, section
70.209 for DAs, and section 90.207 for
part 90 miners. Sections 70.208(e)(3),
70.209(c)(3), and 90.207(c)(3) require
that when a valid representative sample
meets or exceeds the ECV that
corresponds to the applicable standard
and particular sampling device used for
either an MMU or DA, respectively, or
that corresponds to the applicable
standard and particular sampling device
used for part 90 miner sampling, the
operator must make, upon
implementation of corrective actions, a
record of the actions taken. The record
must be certified by the mine foreman
or equivalent mine official no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book that is
not susceptible to alteration or
electronically in a computer system so
as to be secure and not susceptible to
alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and,
except for part 90 miners, the miners’
representative. Also, the records must
be made available for inspection by the
affected part 90 miner who was
sampled.
Record of corrective actions taken
following a citation: Sections

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Each operator must provide the DM with a list identifying the specific work positions where
DWP samples will be collected for: Active mines; new mines; and DWPs with a change in
operational status that increases or reduces the number of active DWPs.
If a normal work shift is not achieved, the respirable dust sample must be transmitted to
MSHA with a notation by the person certified in sampling on the back of the Dust Data
Card stating that the sample was not taken on a normal work shift.
When a valid sample meets or exceeds the ECV, the operator must, upon implementation of
corrective actions, make a record of the actions taken. The record must be certified by the
mine official; made in a secure book; retained for at least 1 year; and made available for
inspection.
Upon issuance of a citation, the operator must, upon implementation of corrective actions,
make a record of the actions taken. The record must be certified by the mine official;
made in a secure book; retained for at least 1 year; and made available for inspection.

70.208(h)(3), 70.209(f)(3), and
90.207(f)(3) require that mine operators,
upon issuance of a citation for violation
of the applicable standard for either an
MMU, DA, or part 90 miner,
respectively, must make, upon
implementation of corrective actions, a
record of the actions taken. The record
must be certified by the mine foreman
or equivalent mine official no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book that is
not susceptible to alteration or
electronically in a computer system so
as to be secure and not susceptible to
alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and,
except for part 90 miners, the miners’
representative. Also, the records must
be made available for inspection by the
affected part 90 miner who was
sampled.
Revised dust control parameters
following a citation: Sections
70.208(i)(2) and 70.209(g)(2) provide
that a citation for violation of the
applicable standard shall be terminated
by MSHA when the operator has
submitted to the District Manager
revised dust control parameters as part
of the mine ventilation plan applicable
to the MMU or the DA, respectively, in
the citation and such changes have been
approved by the District Manager. The

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revised parameters must reflect the
control measures used by the operator to
abate the violation.
Identifying specific work positions
where DWP samples will be collected:
DWPs at surface coal mines and surface
work areas of underground coal mines
must be sampled quarterly under
section 71.206. Under section 71.206(d),
operators with multiple work positions
that are specified in section 71.206(c)(2)
and (c)(3) must sample the DWP
exposed to the greatest respirable dust
concentration in each work position
performing the same activity or task at
the same location at the mine and
exposed to the same dust generation
source. Each operator must provide the
District Manager with a list identifying
the specific work positions where DWP
samples will be collected for: Active
mines; new mines; and DWPs with a
change in operational status that
increases or reduces the number of
active DWPs.
Notifying MSHA that sample was not
taken on a normal work shift: Section
71.206(e) requires that each DWP
sample must be taken on a normal work
shift. If a normal work shift is not
achieved, the respirable dust sample
must be transmitted to MSHA with a
notation by the person certified in
sampling on the back of the Dust Data
Card stating that the sample was not
taken on a normal work shift. Section
71.207(c) requires that a person certified
in sampling properly complete the Dust
Data Card that is provided by the

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manufacturer for each filter cassette.
The card must have an identification
number identical to that on the cassette
used to take the sample and must be
submitted to MSHA with the sample.
Each card must be signed by the
certified person who performed the
required examinations during the
sampling shift and include that person’s
MIIN. A separate burden has not been
included for section 71.206(e) since
MSHA assumed that any notations can
be made at the same time that the Dust
Data Card is completed under section
71.207(c).
Record of corrective actions taken
when sample exceeds the ECV: Section
71.206(h)(3) requires that when a valid
representative sample taken in
accordance with this section meets or
exceeds the ECV that corresponds to the
applicable standard and particular
sampling device used, the operator must
make, upon implementation of the
corrective actions, a record of the
actions taken. The record must be
certified by the mine foreman or

equivalent mine official no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book that is
not susceptible to alteration or
electronically in a computer system so
as to be secure and not susceptible to
alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and the
miners’ representative. There are no
separate burden estimates projected for
section 71.206(h)(3). MSHA assumed
that surface samples that meet or exceed
the applicable ECV will result in a
citation, and this burden appears under
section 71.206(k)(3).
Record of corrective actions taken
following a citation: Section 71.206(k)(3)
requires that upon issuance of a citation
for violation of the applicable standard,
the operator must make, upon
implementation of corrective actions, a
record of the actions taken. The record

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must be certified by the mine foreman
or equivalent mine official no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book that is
not susceptible to alteration or
electronically in a computer system so
as to be secure and not susceptible to
alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and the
miners’ representative.
E. Information Collections Related to
Posting or Providing Respirable Dust
Sampling Reports or Dust Data Cards
Table 5 summarizes information
collections related to reporting
respirable dust samples to the operator
and posting or providing results
conducted under parts 70, 71, and 90,
such as posting such reports on the
mine bulletin board or providing such
reports to part 90 miners.

TABLE 5—POSTING OR PROVIDING RESPIRABLE DUST SAMPLING REPORTS AND DUST DATA CARDS
30 CFR provision

Topic

General description of collection requirements

70.211(b), 71.208(b) .....

Upon receipt of the sampling report that contains sampling results from MSHA, the operator
must post the data for at least 31 days on the mine bulletin board.

70.211(c)(5), 71.207(c)

Posting sampling report on the mine bulletin board.
Posting the Dust Data
Card on the mine
bulletin board.
Shift length ..................

90.209(c)(5) ...................

Shift length ..................

90.209(b) .......................

Sampling report for
part 90 miners.
Dust Data Card for
part 90 miners.

70.211(c), 71.208(c) ......

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90.209(c) .......................

Posting sampling report on the mine
bulletin board: Sections 70.211(b) and
71.208(b) require that upon receipt of
the sampling report that contains
sampling results from MSHA, the
operator must post the data for at least
31 days on the mine bulletin board.
Posting the Dust Data Card on the
mine bulletin board: Sections 70.211(c)
and 71.208(c) require, if using a CPDM,
the person certified in sampling to print,
sign, and post on the mine bulletin
board a paper record (Dust Data Card) of
each sample run within 12 hours after
the end of each sampling shift. This
hard-copy record must include the data
entered when the sample run was first
programmed and the following: The
mine identification number; the

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When using a CPDM, the person certified in sampling must print, sign, and post the Dust
Data Card on the mine bulletin board within 12 hours after the end of each shift.
When using a CPDM, the person certified in sampling must print, sign, and post the Dust
Data Card on the mine bulletin board within 12 hours after the end of each shift, including
shift length.
When using a CPDM, the person certified in sampling must print, sign, and provide to each
part 90 miner, a paper record (Dust Data Card) of the sample run within 1 hour after the
start of the part 90 miner’s next work shift, including shift length.
Upon receipt of the sampling report from MSHA, the operator must provide a copy to the
part 90 miner only.
When using a CPDM, the person certified in sampling must print, sign, and provide to each
part 90 miner, a paper record (Dust Data Card) of the sample run within 1 hour after the
start of the part 90 miner’s next work shift.

locations within the mine or the DWP
at the mine from which the samples
were taken; the concentration of
respirable dust, expressed as an
equivalent concentration, reported and
stored for each sample; the sampling
status conditions encountered for each
sample; and the shift length. Section
71.208(c) requires that when CPDMs are
used for DWP sampling, underground
coal mine operators that have surface
work areas and surface coal mine
operators print, sign, and post a paper
record (Dust Data Card) with the shift
length and other information regarding
sampling for each location sampled
under Part 71. MSHA does not expect
that the CPDM will be used for DWP
sampling by underground coal mine

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operators on the surface area of the
underground mine or by surface coal
mine operators. Therefore, no burden
was estimated at this time for Section
71.208(c).
Shift length: Section 70.211(c)(5)
requires that, when CPDMs are used for
sampling, underground coal mine
operators print, sign, and post a paper
record (Dust Data Card) that must
include sample results, including the
shift length. Under section 90.209(c)(5),
when CPDMs are used for sampling,
coal mine operators must print, sign,
and provide to each part 90 miner a
Dust Data Card that details the sample
results, including shift length. Under
sections 70.210(c) and 71.207(c), if
using a CMDPSU, the operator must

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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices

complete a Dust Data Card, which
includes reporting the sampling shift
start time and sampling time in minutes.
Sampling report for part 90 miners:
For part 90 miners, section 90.209(b)
requires that upon receipt of the
sampling report from MSHA, the
operator must provide a copy to the part
90 miner only.
Dust Data Card for part 90 miners:
Section 90.209(c) requires that if using
a CPDM, the person certified in

sampling must print, sign, and provide
to each part 90 miner, a paper record
(Dust Data Card) of the sample run
within 1 hour after the start of the part
90 miner’s next work shift. This hard
copy record must include the data
entered when the sample run was first
programmed and the following: The
mine identification number; the location
within the mine from which the sample
was taken; the concentration of
respirable dust, expressed as an

equivalent concentration reported and
stored for each sample; the sampling
status conditions encountered for each
sample; the shift length; and the part 90
miner’s MIIN.
F. Information Collections Related to
Status Changes
Table 6 summarizes information
collections related to operational status
changes conducted under parts 70, 71,
and 90.

TABLE 6—STATUS CHANGE REPORTS
30 CFR provision
70.212(a), 71.209(a),
90.210.

Topic

General description of collection requirements

Status changes ...........

For any change in operational status that affects the respirable dust sampling requirements,
the operator must report the change to MSHA. Status changes must be reported in writing
or electronically, within 3 working days after the status change has occurred.

Status changes: Sections 70.212(a),
71.209(a), and 90.210 require that if
there is a change in operational status
that affects the respirable dust sampling
requirements of parts 70, 71, or 90,
respectively, the operator must report
the change in operational status of the
mine, MMU, DA, DWP, or part 90 miner
(such as the part 90 miner entering a

terminated, injured, or ill status, or
returning to work) to the MSHA District
Office or to any other MSHA office
designated by the District Manager.
Status changes must be reported in
writing or electronically, within 3
working days after the status change has
occurred.

G. Information Collections Related to
Respirable Dust Control Plans
Table 7 summarizes information
collections related to dust control plans
under parts 71 and 90, such as
submission of dust control plans
following a citation, posting the plan on
the mine bulletin board, or providing
the plan to part 90 miners.

TABLE 7—RESPIRABLE DUST CONTROL PLANS
30 CFR provision

General description of collection requirements

71.300(a) .......................

Dust control plan following a citation.

71.300(a)(1) ...................

Notification of the miners’ representatives
of dust control plan.
Posting the dust control plan on the mine
bulletin board.
Dust control plan for
part 90 miners following a citation.

71.300(a)(3) ...................
90.300(a) .......................

71.301(d)(1) ...................

71.301(d)(3) ...................

71.301(e) .......................
90.301(d) .......................
90.301(e) .......................

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Topic

Notification of miners’
representatives following dust control
plan approval.
Posting the dust control plan on the mine
bulletin board following approval.
Review of dust control
plans and revisions.
Dust control plan for
part 90 miners.
Review of dust control
plans and revisions
for part 90 miners.

Dust control plan following a citation:
Section 71.300(a) requires that the
operator submit to the District Manager
for approval a written respirable dust
control plan applicable to the DWP

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The mine operator must submit for approval a written respirable dust control plan applicable
to the DWP identified in the citation within 15 calendar days after the termination date of a
citation.
The mine operator must notify the miners’ representative at least 5 days prior to submission
to MSHA of a respirable dust control plan and any revision to a dust control plan.
A copy of the proposed respirable dust control plan, and a copy of any proposed revision,
submitted for Agency approval must be posted on the mine bulletin board at the time of
submittal.
If an operator abates a violation of the applicable standard by reducing the respirable dust
level in the position of the part 90 miner, the operator must submit, for the DM’s approval,
a written respirable dust control plan for the part 90 miner in the position identified in the
citation within 15 calendar days after the citation is terminated.
The approved respirable dust control plan and any revisions must be provided upon request
to the miners’ representative by the operator following notification of approval.
The plan or revisions must be posted on the mine bulletin board within 1 working day following notification of approval and remain posted for the period that the plan is in effect.
The operator may review respirable dust control plans and submit proposed revisions to
such plans to the DM for approval.
The mine operator must provide a copy of the current respirable dust control plan to the part
90 miner.
The operator may review respirable dust control plans and submit proposed revisions to
such plans to the DM for approval.

identified in the citation within 15
calendar days after the termination date
of a citation for violation of the
applicable standard. The respirable dust
control plan and revisions must be

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suitable to the conditions and the
mining system of the coal mine and be
adequate to continuously maintain
respirable dust within the applicable

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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices
standard at the DWP identified in the
citation.
Notification of the miners’
representatives of dust control plan:
Section 71.300(a)(1) requires that the
mine operator must notify the miners’
representative at least 5 days prior to
submission to MSHA of a respirable
dust control plan and any revision to a
dust control plan. If requested, the mine
operator must provide a copy to the
miners’ representative at the time of
notification.
Posting the dust control plan on the
mine bulletin board: Section
71.300(a)(3) requires that a copy of the
proposed respirable dust control plan
and a copy of any proposed revision
submitted for Agency approval must be
posted on the mine bulletin board at the
time of submittal. The proposed plan or
proposed revision must remain posted
until it is approved, withdrawn, or
denied.
Dust control plan for part 90 miners
following a citation: Section 90.300(a)
requires that if an operator abates a
violation of the applicable standard by
reducing the respirable dust level in the

position of the part 90 miner, the
operator must submit, for the District
Manager’s approval, a written respirable
dust control plan for the part 90 miner
in the position identified in the citation
within 15 calendar days after the
citation is terminated. The respirable
dust control plan and revisions thereof
must be suitable to the conditions and
the mining system of the coal mine and
be adequate to continuously maintain
respirable dust within the applicable
standard for that part 90 miner.
Notification of miners’ representative
following dust control plan approval:
Under section 71.301(d)(1), the
approved respirable dust control plan
and any revisions must be provided
upon request to the miners’
representative by the operator following
notification of approval.
Posting the dust control plan on the
mine bulletin board following approval:
Under section 71.301(d)(3), the plan or
revisions must be posted on the mine
bulletin board within 1 working day
following notification of approval and
remain posted for the period that the
plan is in effect.

31267

Review of dust control plans and
revisions: Under section 71.301(e), the
operator may review respirable dust
control plans and submit proposed
revisions to such plans to the District
Manager for approval.
Dust control plan for part 90 miners:
Section 90.301(d) requires the operator
to provide a copy of the current
respirable dust control plan to the part
90 miner.
Review of dust control plans and
revisions for part 90 miners: Under
section 90.301(e), the operator may
review respirable dust control plans and
submit proposed revisions to such plans
to the District Manager for approval.
H. Information Collections Related to
Mine Ventilation Plans
Table 8 summarizes information
collections related to mine ventilation
plans under part 75, such as notifying
miners’ representatives of the mine
ventilation plan, posting the approved
plan on the mine bulletin board, and
providing the approved plan to miners’
representatives.

TABLE 8—MINE VENTILATION PLANS
30 CFR provision
75.370(a)(3)(i) ...............
75.370(a)(3)(iii),
75.370(f)(3).

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75.370(f)(1) ....................

Topic

General description of collection requirements

Notification of miners’
Notify the miners’ representative at least 5 days prior to submission of mine ventilation plan
representatives of
and any revision and, if requested, provide a copy to the miners’ representative at the
mine ventilation plan.
time of notification.
Posting the mine venPosting a copy of the proposed plan and any proposed revision, and the MSHA-approved
tilation plan and applan and any revisions, respectively, on the mine bulletin board.
proval on the mine
bulletin board.
Providing approved
Providing a copy of the MSHA-approved plan and any revisions to the miners’ representaplan to miners’ reptive, if requested.
resentatives.

Notification of the miners’
representative of mine ventilation plan:
Section 75.370(a)(3)(i) requires
underground coal mine operators to
notify the miners’ representative at least
5 days prior to submission of the mine
ventilation plan and any revision and, if
requested, provide a copy to the miners’
representative at the time of
notification.
Posting the mine ventilation plan and
approval on the mine bulletin board:
Sections 75.370(a)(3)(iii) and (f)(3)
require the operator to post a copy of the
proposed plan and any proposed
revision, and the MSHA-approved plan
and any revisions, respectively, on the
mine bulletin board.
Providing approved plan to miners’
representatives: In addition, Section
75.370(f)(1) requires the operator to
provide a copy of the MSHA-approved
plan and any revisions to the miners’
representative, if requested.

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II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Respirable Coal
Mine Dust Sampling. MSHA is
particularly interested in comments
that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,

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electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The information collection request
will be available on http://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at USDOL-Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th Floor
via the East elevator. Before visiting
MSHA in person, call 202–693–9455 to
make an appointment, in keeping with

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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices

the Department of Labor’s COVID–19
policy. Special health precautions may
be required.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.
III. Current Actions
This request for collection of
information contains provisions for
Respirable Coal Mine Dust Sampling.
MSHA has updated the data with
respect to the number of respondents,
responses, burden hours, and burden
costs supporting this information
collection request.
Type of Review: Extension of a
currently approved collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0011.
Affected Public: Business or other forprofit.
Number of Respondents: 676.
Frequency: On occasion.
Number of Responses: 1,158,062.
Annual Burden Hours: 81,858 hours.
Annual Respondent or Recordkeeper
Cost: $42,057.
MSHA Forms: Miner Operator Dust Data
Card
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2022–10897 Filed 5–20–22; 8:45 am]
BILLING CODE 4510–43–P

NATIONAL SCIENCE FOUNDATION
Notice of Intent To Seek Approval To
Renew an Information Collection
National Science Foundation.
ACTION: Notice and request for
comments.
AGENCY:

NSF is announcing plans to
request renewed clearance of this
collection. In accordance with the
requirements of the Paperwork
Reduction Act of 1995, we are providing
opportunity for public comment on this
action. After obtaining and considering
public comment, NSF will prepare the
submission requesting OMB clearance
of this collection for no longer than 3
years.

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SUMMARY:

Written comments on this notice
must be received by July 22, 2022, to be
assured consideration. Comments

DATES:

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received after that date will be
considered to the extent practicable.
Send comments to address below.
FOR FURTHER INFORMATION CONTACT:

Suzanne H. Plimpton, Reports Clearance
Officer, National Science Foundation,
2415 Eisenhower Avenue, Alexandria,
Virginia 22314; telephone (703) 292–
7556; or send email to splimpto@
nsf.gov. Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, which is accessible 24 hours a
day, 7 days a week, 365 days a year
(including federal holidays).
SUPPLEMENTARY INFORMATION:

Comments: Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Foundation, including whether the
information will have practical utility;
(b) the accuracy of the Foundation’s
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on those who
are to respond, including through the
use of automated collection techniques
or other forms of information
technology.
Title of Collection: Research
Performance Progress Report.
OMB Approval Number: 3145–0221.
Expiration Date of Approval: July 30,
2022.
Type of Request: Intent to seek
approval to extend an information
collection for three years.
Use of the Information:
NSF developed the RPPR as a service
within Research.gov. The service
provides a common portal for the
research community to manage and
submit annual project reports to the
National Science Foundation (NSF) and
to partner agencies. This service
replaced NSF’s annual and interim
project reporting capabilities which
resided in the FastLane System.
Complete information about NSF’s
implementation of the Research
Performance Progress Report (RPPR)
may be found at the following website:
http://www.nsf.gov/bfa/dias/policy/
rppr/index.jsp.
Burden on the Public: The Foundation
estimates that an average of 6.6 hours is
expended for each report submitted. An
estimated 120,000 reports are expected
during the course of one year for a total
of 30,000 public burden hours annually.

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Dated: May 18, 2022.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2022–11045 Filed 5–20–22; 8:45 am]
BILLING CODE 7555–01–P

NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0001]

Sunshine Act Meetings
Weeks of May 23, 30,
June 6, 13, 20, 27, 2022. The schedule
for Commission meetings is subject to
change on short notice. The NRC
Commission Meeting Schedule can be
found on the internet at: https://
www.nrc.gov/public-involve/publicmeetings/schedule.html.
PLACE: The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify Anne
Silk, NRC Disability Program Specialist,
at 301–287–0745, by videophone at
240–428–3217, or by email at
[email protected]. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
STATUS: Public.
Members of the public may request to
receive the information in these notices
electronically. If you would like to be
added to the distribution, please contact
the Nuclear Regulatory Commission,
Office of the Secretary, Washington, DC
20555, at 301–415–1969, or by email at
[email protected] or
[email protected].
MATTERS TO BE CONSIDERED:
TIME AND DATE:

Week of May 23, 2022
There are no meetings scheduled for
the week of May 23, 2022.
Week of May 30, 2022—Tentative
Wednesday, June 1, 2022
10 a.m. Transformation at the NRC—
Sustaining Progress as Modern,
Risk-Informed Regulator (Contact:
Aida Rivera-Varona: 301–415–4001)
Additional Information: The meeting
will be held in the Commissioners’
Conference Room, 11555 Rockville Pike,
Rockville, Maryland. The public is
invited to attend the Commission’s
meeting in person or watch live via
webcast at the Web address—https://
video.nrc.gov/.

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