[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17021-17022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05718]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0048]


Proposed Extension of Information Collection; Respirator Program 
Records

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 Respirator 
Program Records.

DATES: All comments must be received by MSHA's Office of Standards, 
Regulations, and Variances on or before May 22, 2023.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below. Please 
note that late, untimely filed comments will not be considered.
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2022-0056.
     Mail/Hand Delivery: 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 all comments 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: S. Aromie Noe, Director, Office of 
Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); (202) 693-9440 (voice); 
or (202) 693-9441 (facsimile). These are not toll-free numbers. These 
are not toll-free numbers.

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 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.
    30 CFR 56.5005 (Surface metal and Nonmetal Mines--Control of 
exposure to airborne contaminants) and 57.5005 (Underground Metal and 
Nonmetal Mines--Control of exposure to airborne contaminants) require, 
whenever respiratory equipment is used, that metal and nonmetal mine 
operators institute a respirator program governing selection, 
maintenance, training, fitting, supervision, cleaning, and use of 
respirators. These requirements seek to control miner exposure to 
harmful airborne contaminants by using engineering controls to prevent 
contamination and vent or dilute the contaminated air. However, where 
accepted engineering control measures have not been developed or when 
necessary by the nature of work involved (for example, while 
establishing controls or occasional entry into hazardous atmospheres to 
perform maintenance or investigation), employees may work for 
reasonable periods of time in concentrations of airborne contaminants 
exceeding permissible levels if they are protected by appropriate 
respiratory protective equipment.
    30 CFR 56.5005 and 57.5005 incorporate, by reference, requirements 
of the American National Standards Institute's Practices for 
Respiratory Protection (ANSI Z88.2-1969). These incorporated 
requirements mandate that miners who must wear respirators are fit-
tested to the respirators that they will use. Certain records are also 
required to be kept in connection with respirators, including: written 
standard operating procedures governing the selection and use of 
respirators; fit-test results; and records of emergency respirators 
inspection.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information

[[Page 17022]]

collection. 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 https://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 DOL-
MSHA, 201 12th 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 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 CONTACT 
section of this notice.

III. Current Actions

    This request for collection of information contains provisions for 
Respirator Program Records. 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: Revision of a currently approved collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0048.
    Affected Public: Business or other for-profit.
    Number of Respondents: 350.
    Frequency: On occasion.
    Number of Responses: 6,300.
    Annual Burden Hours: 3,588 hours.
    Annual Respondent or Recordkeeper Cost: $0. The estimated annual 
cost burden to respondents or recordkeeper decreased from $140,000 to 
$0 due to a modification to what costs contribute to recordkeeping and 
information collection burdens.
    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, Mine Safety and Health Administration.
[FR Doc. 2023-05718 Filed 3-20-23; 8:45 am]
BILLING CODE 4510-43-P