[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37282-37284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12146]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control Number: 1219-0138]


Proposed Extension of Information Collection; Safety Standards 
for Underground Coal Mine Ventilation--Belt Entry Used as an Intake Air 
Course To Ventilate Working Sections and Areas Where Mechanized Mining 
Equipment Is Being Installed or Removed

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 Safety Standards 
for Underground Coal Mine Ventilation--Belt Entry Used as an Intake Air 
Course to Ventilate Working Sections and Areas Where Mechanized Mining 
Equipment is Being Installed or Removed.

DATES: All comments must be received by the Office of Standards, 
Regulations and Variances on or before August 7, 2023.

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-2023-0013.
     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.

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 
and metal and nonmetal mines.
    MSHA safety standards for ventilation of underground coal mines 
establish additional protective measures that mine operators must 
follow if they want to use belt air for ventilation purposes. 30 CFR 
75.350, 75.351, 75.352, and 75.371 contain paperwork requirements to 
ensure that mine operators are in compliance with the ventilation 
standards.
    30 CFR 75.350(a)(2) requires that the air velocity in the belt 
entry must be at least 50 feet per minute. When requested by the mine 
operator, the district manager may approve lower velocities in the 
ventilation plan based on specific mine conditions.
    30 CFR 75.350(b) requires that the use of air from a belt air 
course to ventilate a working section, or an area where mechanized 
mining equipment is being installed or removed, is permitted only when 
evaluated and approved by the district manager in the mine ventilation 
plan. The mine operator must include in a ventilation plan a 
justification that the use of air from a belt entry would afford at 
least the same measure of protection as where belt haulage entries are 
not used to ventilate working places.
    30 CFR 75.350(b)(2) requires all miners to be trained annually in 
the

[[Page 37283]]

basic operating principles of the AMS, including the actions required 
in the event of activation of any AMS alert or alarm signal. It must be 
conducted as part of a miner's new miner training (30 CFR 48.5), 
experienced miner training (30 CFR 48.6), or annual refresher training 
(30 CFR 48.8).
    30 CFR 75.350(b)(3)(iii) sets the average concentration of 
respirable dust in the belt air course and requires that permanent 
designated areas for dust measurement must be specified and approved in 
the ventilation plan.
    30 CFR 75.350(b)(6) requires that the ventilation plan must include 
the locations for measuring air quantities.
    30 CFR 75.350(b)(7) and (8) requires that the air velocity in the 
belt entry must be at least 100 feet per minute and not exceed 1,000 
feet per minute. When requested by the mine operator, the district 
manager may approve lower or higher velocities in the ventilation plan 
based on specific mine conditions.
    30 CFR 75.350(c) requires that the mine ventilation plan must 
include the location and use of point-feed regulators, if additional 
intake air is added to the belt air course through a point-feed 
regulator.
    30 CFR 75.350(d)(1) requires that the ventilation plan must include 
the district manager approval of a second point monitored for carbon 
monoxide (CO) or smoke at a distance less than 1,000 feet upwind of the 
point-feed regulator, based on mine specific conditions.
    30 CFR 75.350(d)(5) requires that the ventilation plan must include 
information regarding the location(s) and use of point-feed 
regulator(s) if the air through the point-feed regulator enters a belt 
air course. The location(s) and use of point-feed regulator(s) must be 
shown on the mine ventilation map.
    30 CFR 75.351(b)(3) requires a mine operator to post a map or 
schematic, at a designated surface location, which shows the locations 
and type of Atmospheric Monitoring System (AMS) sensors at each 
location and the intended air flow direction at these locations. This 
map or schematic must be updated within 24 hours of any change in this 
information.
    30 CFR 75.351(b)(4) requires that contact information for AMS 
operator and other appropriate personnel must be provided at the 
designated surface location.
    30 CFR 75.351(e) requires that the locations in any entry that is 
part of the belt air course to be specified in the mine ventilation 
plan.
    30 CFR 75.351(i)(2) establishes that reduced alert and alarm 
setting approved by the district manager may be required for carbon 
monoxide sensors identified in the mine ventilation plan.
    30 CFR 75.351(j) requires approved carbon monoxide ambient levels 
and the means to determine those levels in the mine ventilation plan.
    30 CFR 75.351(m) permits a mine to incorporate time delays into the 
AMS, when a demonstrated need exists. These time delays must only be 
used to account for non-fire related carbon monoxide alert and alarm 
sensor signals. These time delays are limited to no more than three 
minutes. The use and length of any time delays, or other techniques or 
methods which eliminate or reduce the need for time delays, must be 
specified and approved in the mine ventilation plan.
    30 CFR 75.351(n)(2) and 30 CFR 75.351(n)(3) require that alarms for 
AMS be tested every 7 days and carbon monoxide, smoke, or methane 
sensors be calibrated every 31 days, respectively.
    30 CFR 75.351(o)(1)(i) requires that a record be made if the AMS 
emits an alert or alarm signal. The record would consist of the date, 
time, location, and type of sensor, and the reason for its activation.
    30 CFR 75.351(o)(1)(ii) requires that, if an AMS malfunctions, a 
record be made of the date, the extent and cause of the malfunction, 
and the corrective action taken to return the system to proper 
operating condition.
    30 CFR 75.351(o)(1)(iii) requires that the persons doing the weekly 
test of alert and alarm signals, the monthly calibration, or 
maintenance of the system make a record of these tests, calibrations, 
or maintenance.
    30 CFR 75.351(o)(2) requires the recordkeeper entering the record 
must include their name, date and signature in the record.
    30 CFR 75.351(o)(3) requires that all records concerning the AMS be 
kept in a book or electronically in a computer system that is secure 
and not susceptible to alteration.
    30 CFR 75.351(p) requires the mine operator to keep these records 
for at least one year at a surface location and to make them available 
for inspection by authorized representatives of the Secretary and 
representatives of miners.
    30 CFR 75.351(q)(1) requires that all AMS operators must be trained 
annually in the proper operation of the AMS.
    30 CFR 75.351(q)(3) requires that a record of annual AMS operator 
training be kept. The record includes the content of training, the 
person conducting the training, and the date the training was 
conducted. The record needs to be maintained at the mine site by the 
mine operator for at least one year.
    30 CFR 75.352(a), (b), and (c) require the designated AMS operator 
or other appropriate personnel to notify, investigate, or evacuate when 
malfunction, alert, or alarm signals are received.
    30 CFR 75.352(e) requires that immediate action must be taken to 
return the system to proper operation if any components of the AMS 
malfunctions or are inoperative.
    30 CFR 75.352(e)(7) allows continuous operation of the belt when 
the AMS components are made for those AMSs using sensors other than 
carbon monoxide sensors, when an alternative detector and the alert and 
alarm levels associated with that detector must be specified the in the 
approved mine ventilation plan.
    30 CFR 75.371(hh) requires reporting within the mine ventilation 
plan of the ``ambient level in parts per million of carbon monoxide, 
and the method for determining the ambient level, in all areas where 
carbon monoxide sensors are installed.''
    30 CFR 75.371(ii) requires the ventilation plan to include the 
locations (designated areas) where dust measurements would be made in 
the belt entry when belt air is used to ventilate working sections or 
areas where mechanized mining equipment is being installed or removed, 
in accordance with 30 CFR 75.350(b)(3).
    30 CFR 75.371(jj) requires the location and approved velocities at 
dust measurement locations where air velocities in the belt entry are 
above or below the limits in accordance with 30 CFR 75.350(a)(2) or 30 
CFR 75.350(b)(7) and 30 CFR 75.350(b)(8).
    30 CFR 75.371(kk) requires the locations where air quantities are 
measured in accordance with 30 CFR 75.350(b)(6) be included in the mine 
ventilation plan.
    30 CFR75.371(ll) requires the locations and use of point feed 
regulators, in accordance with 30 CFR 75.350(c) and (d)(5), to be in 
the mine ventilation plan.
    30 CFR 75.371(mm) requires the location of any diesel-
discriminating sensor and additional carbon monoxide or smoke sensors 
installed in the belt air course to be included in the mine ventilation 
plan.
    30 CFR 75.371(nn) requires modification of the mine ventilation 
plan to show the length of the time delay or any other method used for 
the lower non-fire related alert and alarm setting for carbon monoxide 
sensors.
    30 CFR 75.371(oo) requires modification of the mine ventilation

[[Page 37284]]

plan to show the lower alert and alarm setting for carbon monoxide 
sensors, in accordance with 30 CFR 75.351(i)(2).
    30 CFR 75.371(pp) requires modification of the mine ventilation 
plan to show the alternate detector and the alert and alarm levels 
associated with the detector, in accordance with 30 CFR 75.352(e)(7).

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Safety Standards for Underground Coal Mine 
Ventilation--Belt Entry Used as an Intake Air Course to Ventilate 
Working Sections and Areas Where Mechanized Mining Equipment is Being 
Installed or Removed. 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 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 
Safety Standards for Underground Coal Mine Ventilation--Belt Entry Used 
as an Intake Air Course to Ventilate Working Sections and Areas Where 
Mechanized Mining Equipment is Being Installed or Removed. 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: 1219-0138.
    Affected Public: Business or other for-profit.
    Number of Respondents: 14.
    Frequency: On occasion.
    Number of Responses: 157.
    Annual Burden Hours: 656 hours.
    Annual Respondent or Recordkeeper Cost: $280.
    Respondents or Recordkeeping Costs: The estimated annual cost 
decreased from $38,640 to $280 due to changes in cost assumptions.
    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. 2023-12146 Filed 6-6-23; 8:45 am]
BILLING CODE 4510-43-P