[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Notices]
[Pages 38502-38504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15459]


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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 
request for comment 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 request 
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 20, 2021.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments for docket number MSHA-
2021-0018. Comments submitted electronically, including attachments, to 
https://www.regulations.gov will be posted to the docket, with no 
changes. Because your comment will be made public, you are responsible 
for ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
     If your comment includes confidential information that you 
do not wish to be made available to the public, submit the comment as a 
written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
     Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452.
     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.

FOR FURTHER INFORMATION CONTACT: Jessica Senk, 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. Further, section 101(a) of the Mine Act, 30 U.S.C. 811, 
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 
or other mines. In addition, section 303 of the Mine Act 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 that such equipment be examined 
daily and a record be kept of such examination.
    Underground coal mines usually present harsh and hostile working

[[Page 38503]]

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 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 ensure 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 ensure 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 that records 
be retained at a surface location at the mine for at least 1 year and 
must 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.

[[Page 38504]]

    Background documents related to this information collection request 
are available at https://regulations.gov and at DOL-MSHA located at 201 
12th Street South, Suite 4E401, Arlington, VA 22202-5452. 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 information collection request concerns 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 from the previous 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: 153.
    Frequency: On occasion.
    Number of Responses: 10,926.
    Annual Burden Hours: 115,874 hours.
    Annual Respondent or Recordkeeper Cost: $26,004.
    Comments submitted in response to this notice will be summarized in 
the request for Office of Management and Budget approval of the 
proposed information collection request; they will become a matter of 
public record and will be available at https://www.reginfo.gov.

Jessica Senk,
Certifying Officer.
[FR Doc. 2021-15459 Filed 7-20-21; 8:45 am]
BILLING CODE 4510-43-P