[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53446-53448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13935]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0048]


Proposed Revision of a Currently Approved 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 (DOL), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the

[[Page 53447]]

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 
Respirator Program Records.

DATES: All comments must be received by MSHA's Office of Standards, 
Regulations, and Variances on or before August 26, 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-2024-0011.
     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 (the 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.
    In order to fulfill statutory mandates, MSHA requires the 
collection of information associated with respirator program records. 
Under the previous 30 CFR 56.5005 and 57.5005, a mine's respirator 
program must be consistent with the requirements of ANSI Z88.2-1969, 
published by the American National Standards Institute, entitled 
``American National Standards Practices for Respiratory Protection ANSI 
Z88.2-1969,'' and approved on August 11, 1969. In the currently 
approved information collection, MSHA listed three types of information 
collection--development of respiratory protection program, medical 
evaluation/fit testing records, and emergency respirator inspection 
records--and provides the estimated burden for each of the three 
information collection activities.
    A final rule titled ``Lowering Miners' Exposure to Respirable 
Crystalline Silica and Improving Respiratory Protection'' (RIN 1219-
AB36) and issued on April 18, 2024 (89 FR 28218) made changes related 
to the currently approved information collection. The final rule amends 
30 CFR 56.5005 and 57.5005 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 provision of a written respiratory protection 
program consistent with the requirements of ASTM F3387-19.
    Under the revised 30 CFR 56.5005(b) and 57.5005(b), the ASTM F3387-
19 incorporated by reference mandates that metal and nonmetal (MNM) 
mines where miners must wear respirators have written standard 
operating procedures (SOPs) for their respiratory programs; such miners 
who must wear respirators are fit-tested in a medical evaluation to the 
respirators that they will use; and mines perform emergency respirator 
inspections, among other safety-related activities. 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. In 
the revised information collection, MSHA requires the collection of 
four types of information in connection with respirators in MNM mines--
revised written SOPs governing the selection and use of respirators; 
medical evaluation/fit testing results; emergency respirators 
inspection records; and records relating to the respiratory programs, 
which are all consistent with ASTM F3387-19 requirements.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Respirator Program Records. 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 concerns provisions for 
Respirator Program Records. MSHA has updated the data with respect to 
the number of respondents, responses, time burden,

[[Page 53448]]

and burden costs supporting this information collection request from 
the previous information collection request.
    Type of Review: Revision of a currently approved information 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0048.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 2,305.
    Frequency: Annual.
    Number of Annual Responses: 43,795.
    Annual Time Burden: 23,626 hours.
    Annual Other Burden Costs $140,000.
    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 information collection request; they will 
become a matter of public record and be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-13935 Filed 6-25-24; 8:45 am]
BILLING CODE 4510-43-P