[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35250-35251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09318]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0New]


Proposed Extension of Information Collection: Coal Respirator 
Program

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor (DOL), 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. The Mine Safety and Health Administration (MSHA) is 
soliciting comments on the information collection for Coal Respirator 
Program.

DATES: All comments must be received on or before July 1, 2024.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below. Please 
note that late comments received after the deadline will not be 
considered.
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2024-0004.
     Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, 4th Floor West, 
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, 
as amended (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(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, metal and nonmetal mines.
    A final rule titled ``Lowering Miners' Exposure to Respirable 
Crystalline Silica and Improving Respiratory Protection'' (RIN 1219-
AB36) amends 30 CFR 72.710 to incorporate by reference ASTM F3387-19, 
entitled ``Standard Practice for Respiratory Protection,'' because it 
is the most recent consensus standard developed by experts in 
government and professional associations on the selection, use, and 
maintenance for respiratory equipment. The final rule requires that 
approved respirators be selected, fitted, used, and maintained in 
accordance with the provisions of a written respiratory protection 
program consistent with the requirements of ASTM F3387-19.
    Section 30 CFR 72.710 incorporates, by reference, requirements of 
ASTM F3387-19 related to respiratory protective equipment. These 
requirements mandate that coal mines

[[Page 35251]]

where miners must wear respirators have written standard operating 
procedures (SOPs) for their respiratory program, that such miners who 
must wear respirators are fit-tested in a medical evaluation to the 
respirators that they will use, and that mines perform emergency 
respirator inspections. Records are also required to be kept in 
connection with respirators, including revised written SOPs governing 
the selection and use of respirators; records relating to the 
respiratory programs according to ASTM requirements; medical 
evaluation/fit-test results; and records of emergency respirators 
inspection. Emergency respirator inspections are regular inspections of 
respirators reserved for use during emergencies; the inspections are 
used to ensure that respirators would properly function if needed 
during an emergency.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
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 https://www.regulations.gov and https://www.reginfo.gov.
    The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street 
South, 4th Floor West, Arlington, VA 22202-5452. Sign in at the 
receptionist's desk on the 4th floor via the West 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 section of 
this notice.

III. Current Actions

    This information collection request contains provisions for Coal 
Respirator Program. MSHA has provided the data with respect to the 
number of respondents, responses, burden hours, and burden costs 
supporting this information collection request.
    Type of Review: New collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0New.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 1,106.
    Frequency: Annual.
    Number of Annual Responses: 19,908.
    Annual Time Burden: 11,060 hours.
    Annual Other Burden Cost: $0.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the proposed new information collection request; they will 
also become a matter of public record and will be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-09318 Filed 4-30-24; 8:45 am]
BILLING CODE 4510-43-P