[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33252-33254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15217]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0088]


Proposed Extension of Information Collection; Ventilation Plans, 
Tests, and Examinations in Underground Coal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: 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 ensure 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 Ventilation 
Plans, Tests, and Examinations in Underground Coal Mines.

DATES: All comments must be received on or before September 17, 2018.

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-2018-0025.
     Regular Mail: Send comments to USDOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452.
     Hand Delivery: 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.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Director, Office of 
Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); (202) 693-9440 (voice); 
or (202) 693-9441 (facsimile).

SUPPLEMENTARY INFORMATION: 

I. Background

    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 in protecting the safety and health of 
miners. Under Section 101(a) of the Federal Mine Safety and Health Act 
of 1977 (Mine Act), the Secretary of Labor (Secretary) may by rule in 
accordance with procedures set forth in this section and in accordance 
with section 553 of Title 5, United States Code (without regard to any 
reference in such section to sections 556 and 557 of such title), 
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 303 
requires that all underground coal mines be ventilated by mechanical 
ventilation equipment installed and operated in a manner approved by an 
authorized representative of the Secretary and such equipment be 
examined daily and a record be kept of such examination.
    Underground coal mines usually present harsh and hostile working 
environments. The ventilation system is the most vital life support 
system in underground mining and a properly operating ventilation 
system is essential for maintaining a safe and healthful working 
environment. Lack of adequate ventilation in underground mines has 
resulted in fatalities from asphyxiation and explosions.
    An underground mine is a maze of tunnels that must be adequately 
ventilated with fresh air to provide a safe environment for miners. 
Methane is liberated from the strata, and noxious gases and dusts from 
blasting and other mining activities may be present. The explosive and 
noxious gases and dusts must be diluted, rendered harmless, and carried 
to the surface by the ventilating currents. Sufficient air must be 
provided to maintain the level of respirable dust at or below specific 
exposure limits and air quality must be maintained in accordance with 
MSHA standards. Mechanical ventilation equipment of sufficient capacity 
must operate at all times while miners are in the mine. Ground 
conditions are subject to frequent changes, thus sufficient tests and 
examinations are necessary to ensure the integrity of the ventilation 
system and to detect any changes that may require adjustments in the 
system. Records of tests and examinations are necessary to ensure that 
the ventilation system is being maintained and that changes which could 
adversely affect the integrity of the system or the safety of the 
miners are not occurring. These examination, reporting and 
recordkeeping requirements of sections 75.310, 75.312, 75.342, 75.351, 
75.360 through 75.364, 75.370, 75.371, and 75.382 also incorporate 
examinations of other critical aspects of the underground work 
environment such as roof conditions and electrical equipment which have 
historically caused numerous fatalities when not properly maintained 
and operated.
    Section 75.362, On-shift Examinations, was revised at subsection 
75.362 (a)(2) and (g)(2)-(4) by MSHA's rule titled ``Lowering Miners' 
Exposure to Respirable Coal Mine Dust, Including

[[Page 33253]]

Continuous Personal Dust Monitors, '' published May 1, 2014. This rule 
also revised subsection 75.371(f) and (j).
    Subsection 75.362(a)(2) requires that a person designated by the 
operator conduct an examination and record the results and the 
corrective actions taken to assure compliance with the respirable dust 
control parameters specified in the approved mine ventilation plan.
    Under subsection 75.362(g)(2)(i), the certified person directing 
the on-shift examination must certify by initials, date, and time on a 
board maintained at the section load out or similar location showing 
that the examination was made prior to resuming production. No 
increased burden is estimated for section 75.362(g)(2)(i) in this 
Information Collection Request (ICR) because MSHA does not expect the 
burden to be different from the burden in existing section 
75.362(g)(2)).
    Under section 75.362(g)(2)(ii), the certified person directing the 
on-shift examination must verify, by initials, date and time, the 
record of the results of the examination required under section 
75.362(a)(2) to assure compliance with the respirable dust control 
parameters specified in the mine ventilation plan. Further, section 
75.362(g)(3) requires a mine foreman or equivalent mine official to 
countersign each examination record required under section 75.362(a)(2) 
after it is verified by the certified person under section 
75.362(g)(2)(ii), and no later than the end of the mine foreman's or 
equivalent mine official's next regularly scheduled working shift. 
Section 75.362(g)(2)(ii) and (g)(3) are additional burdens that are 
accounted for in this ICR and 75.362(g)(2)(ii)(4) requires the records 
be retained at a surface location at the mine for at least 1 year and 
shall be made available for inspection by authorized representatives of 
the Secretary and the representative of miners.
    Paragraph (a)(2) in section 75.370 (Mine ventilation plan; 
submission and approval) contains the burden for underground coal mine 
operators to submit mine ventilation plan revisions for District 
Manager approval. Each mine ventilation plan must include information 
that is specified by section 75.371 (Mine ventilation plan; contents).
    Section 75.371(f) adds the following information that a mine 
operator must include in the mine ventilation plan: the minimum 
quantity of air that will be delivered to the working section for each 
mechanized mining unit (MMU), and the identification by make and model, 
of each different dust suppression system used on equipment on each 
working section, including: (1) The number, types, location, 
orientation, operating pressure, and flow rate of operating water 
sprays; (2) the maximum distance that ventilation control devices will 
be installed from each working face when mining or installing roof 
bolts in entries and crosscuts; (3) procedures for maintaining the roof 
bolter dust collection system in approved condition; and (4) 
recommended best work practices for equipment operators to minimize 
dust exposure.
    Section 75.371(j) adds a requirement that for machine mounted dust 
collectors, the ventilation plan must include the type and size of dust 
collector screens used and a description of the procedures to be 
followed to properly maintain dust collectors used on the equipment.
    Section 75.370(a)(2) requires all underground coal mine operators 
to submit revisions for mine ventilation plans to MSHA. The burden to 
submit the additional information required by section 75.371(f) and (j) 
as proposed revisions to the plan is accounted for in this package 
under section 75.370(a)(2). In addition, section 75.370(a)(3)(i) 
requires underground coal mine operators to notify the miners' 
representative at least 5 days prior to submission of mine ventilation 
plan revisions and, if requested, provide a copy of the revisions to 
the miners' representative at the time of notification. Section 
75.370(a)(3)(iii) and (f)(3) require the operator to post a copy of the 
plan revisions, and section 75.370(f)(1) requires that the operator 
provide a copy of the revisions to the miners' representative, if 
requested. MSHA assumes that a copy of the revisions will be requested. 
The burdens for notification, providing requested copies, and posting 
associated with mine ventilation plan revisions resulting from section 
75.371(f) and (j) are accounted for in this package under section 
75.370(a)(3)(i), (f)(1), (a)(3)(iii), and (f)(3) respectively.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Ventilation Plans, Tests, and Examinations in 
Underground Coal Mines. 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, 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 South, Suite 4E401, 
Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th 
floor via the East elevator.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice.

III. Current Actions

    This request for collection of information contains provisions for 
Ventilation Plans, Tests, and Examinations in Underground Coal Mines. 
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, without change, of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0088.
    Affected Public: Business or other for-profit.
    Number of Respondents: 255.
    Frequency: On occasion.
    Number of Responses: 1,164,908.
    Annual Burden Hours: 142,550 hours.
    Annual Respondent or Recordkeeper Cost: $91,870.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the

[[Page 33254]]

information collection request; they will also become a matter of 
public record.

Sheila McConnell,
Certifying Officer.
[FR Doc. 2018-15217 Filed 7-16-18; 8:45 am]
 BILLING CODE 4510-43-P