30 CFR 70.209, 71.209,and 90.209 - Mine Operator Dust Data Card

30 CFR 70.201(c), 71,201(c), and 90.201(c) - Reporting Operator Sampling Dates

30 CFR 70.202(b), 71,202(b), and 90.202(b) - Dust Sampling Certification

30 CFR 70.220(a), 71.220(a), and 90.220(a) - Reporting Status Changes

30 CFR 71.300, 71.301(d), 90.300 and 90.301(d) - Respirable Dust Control Plan

The presence of respirable dust in coal mines has been a source of health problems for miners for as long as miners have taken coal from the ground. Miners’ exposure to excessive amounts of respirable coal mine dust can cause coal workers’ pneumoconiosis (CWP), commonly known as "black lung," one of the most insidious of occupational diseases affecting coal miners. Silicosis is another job-related lung disease included in "black lung," that is caused by inhaling dust containing crystalline silica (quartz dust), which scars the sensitive lung tissue, reducing the lung’s ability to extract oxygen from the air. The disability that results can range from slightly impaired lung function to significant decrement in lung function resulting in breathlessness, recurrent chest illness, and even heart failure. During FY 2002, over 25,000 former coal miners and other surviving beneficiaries received more than $830 million in "black lung" benefits. Over $39.7 billion in benefits have been paid out since inception of the federal Black Lung program in 1970.

Pursuant to Section 202(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 842, and its implementing regulations in 30 CFR Parts 70 and 71, coal mine operators are required to protect miners from excessive dust concentrations by continuously maintaining the average concentration of respirable coal mine dust in the mine atmosphere where miners work or travel at or below 2.0 milligrams per cubic meter (mg/m³). Also, under 30 CFR Part 90, a coal miner who has evidence of the development of CWP may elect to work in a mine atmosphere that is maintained at or below 1.0 mg/m³. Current regulations also provide for lowering of the applicable dust standard where quartz is present at concentrations above 5% of respirable dust using the formula 10 ÷ % quartz.

To demonstrate that the applicable standard is being complied with, current regulations provide for operator bimonthly sampling of specific occupations or work locations and the submission of samples to MSHA for analysis. Specifically, under 30 CFR Part 70, each underground coal mine operator must sample the designated occupation (DO) in each mechanized mining unit (MMU) for five production shifts and each designated area (DA) for one shift. The specific locations where DA samples are required to be collected are identified in the operator’s approved mine ventilation plan. While 30 CFR Parts 71 provides for operator bimonthly sampling at surface coal mines and surface areas of underground coal mines, no sampling is required to be carried until after MSHA designates for sampling a specific work position at a mine. This would occur whenever the average concentration as measured by one or more MSHA samples exceeds either 1.0 mg/m³ or the applicable dust standard when below 1.0 mg/m³. Current regulations also provide for the removal from sampling status of any designated work position (DWP) once an operator has demonstrated continuing compliance over a 12-month period with the 2.0-mg/m³ dust standard or with a reduced standard when more than 5 percent quartz is present in the dust. Only a certified person is permitted to conduct the dust sampling required by these parts and to certify on the completed dust data card (under §§ 70.209, 71.209, and 90.201) that accompanies each sample submitted to MSHA for analysis that sampling was conducted in accordance with the regulations. To become certified, §§ 70.202(b), 71.202(b), and 90.202(b) require that the person pass the MSHA examination on sampling of respirable coal mine dust. If MSHA wishes to monitor operator sampling activities, §§ 70.201(c), 71.201(c), and 90.201(c) authorize the District Manager to require the mine operator to submit in advance the date(s) when mandated sampling will be conducted. This information can also be used by the Agency in scheduling its sampling visits so as not to interfere with operator sampling.

If there is a change in the operational status of any designated sampling entity that affects the operator sampling requirements, §§ 70.220(a), 71.220(a), and 90.202(a) require the operator to report status changes to MSHA in writing within 3 working days after the status change has occurred.

When the results of operator samples show excessive dust levels, the operator is either cited for violating the applicable standard and assessed a civil penalty (applicable to MMUs only), or is required to submit five additional samples which are then averaged to determine noncompliance. If noncompliance is based on the results of MSHA samples, a citation will be issued for excessive dust. Under §§ 70.201(d), 71.201(d), and 90.201(d), the cited operator must take corrective action and then sample the affected MMU, DA, DWP, or part 90 miner until five valid respirable dust samples are collected.

Sections 71.300 and 90.300 require the submission of a written respirable dust control plan to MSHA for approval within 15 calendar days after the termination date of a citation for violation of the applicable standard. Such a plan must describe the specific dust control measures used by the operator to abate the dust violation and how each control measure will continue to be used to ensure continued compliance.

Lastly, § 71.301(d) requires the operator to post the dust control plan on the mine bulletin board to inform interested persons at the mine of the types and location of dust control measures that are required to be employed and maintained. However, for privacy reasons, § 90.301(d) prohibits posting of the dust control plan for part 90 miners and, instead, requires that a copy be provided to the affected part 90 miner.

The information provided by the mine operator on the dust data card that accompanies each dust sample submitted to MSHA for analysis; the reporting of when such samples will be taken to allow MSHA to observe the actual collection; and the reporting of any changes in operation status affecting sampling, is vital to effectively administer the operator sampling program. This allows MSHA to determine not only whether individual operators have fully complied with the sampling provisions stipulated in the regulations but also which operators failed to adequately protect miners from excessive dust concentrations. After processing, the sampling results are reported back to mine operators for posting on the mine bulletin board and viewing by miners. MSHA also uses the results of operator sampling to evaluate programs, target compliance assistance efforts, and plan special health emphasis initiatives.

Mine operators whose samples exceed the applicable standard are either notified to submit additional samples (involving DA, DWP, or P-90 miner entity types only) or are cited for violating the applicable standard. As discussed earlier, once cited by MSHA, the operator must promptly take corrective action and then submit five abatement samples to demonstrate that dust levels have been reduced within the applicable standard.

Once a respirable dust control plan, submitted in accordance with either § 71.300 or 90.300, is approved by MSHA, its provisions must be employed and complied with on a continuous basis. Posting of the plan in accordance with § 71.301(d) allows the affected miners to acquaint themselves with the types and locations of dust control measures that are required to be employed and maintained. MSHA inspectors use the information provided in the plan to determine whether the operator is complying with all plan provisions, and to assess the plan’s continued effectiveness in maintaining compliance with the applicable standard.

No improved information technology has been identified by MSHA that would reduce the burden associated with the completion of the dust data card. This is because each operator-collected sample when transmitted to MSHA for processing must be physically attached to its properly completed accompanying dust data card. The information provided on the dust data card enables MSHA to make an accurate determination of whether the operator has fully complied with sampling requirements and is in compliance with applicable dust standards. Consequently, this particular information collection technique does not lend itself to electronic submission. However, mine operators may utilize information technology for the other paperwork requirements associated with this information collection.

Dust data cards are completed by mine operator for individual dust samples to fulfill specific regulatory requirements designed to protect the health of miners by demonstrating the work place to be free of excessive dust levels. Without these samples, MSHA could not ascertain that respirable dust levels are being maintained at or below statutory limits established to prevent CWP in miners when an MSHA inspector is not onsite. While MSHA also conducts period sampling, its purpose is to (1) monitor the effectiveness of the operator's respirable dust control programs; (2) determine whether the occupation being sampled by the operator has been properly designated for sampling; (3) determine if excessive levels of quartz are present which would require the dust standard to be reduced making it more protective; and (4) identify work positions at surface mines or surface areas of underground mines that should either be designated for operator bimonthly sampling or removed from sampling status. Since the purpose of MSHA and operator sampling differs, there is no duplication of effort. MSHA knows of no other federal, state, or local agency that collects similar information on samples required for compliance purposes.

MSHA also knows of no other Federal, state, or local agency that collects similar information on respirable dust control plans.

The provisions of the Federal Mine Safety Mine Act of 1977 (Mine Act) and MSHA regulations and standards apply to all mining operations because accidents, injuries, and illnesses can occur at any mine, regardless of size. Congress intended that the Mine Act be enforced uniformly at all mining operations within its jurisdiction regardless of size, and that information collection and record keeping requirements be consistent with efficient and effective enforcement of the Act. (See S. Rep. 181, 95th Cong., 1st Sess. 28 (1977)). However, Congress did recognize that small mine operators may have difficulty in complying with some of the provisions of the Mine Act. Therefore, Section 103(e) of the Mine Act, 30 U.S.C. § 813(e), directs the Secretary of Labor not to impose an unreasonable burden on any operator, and in particular, small businesses, in obtaining any information under the Act. Accordingly, MSHA takes this into consideration when developing regulatory requirements, and when appropriate and consistent with ensuring the health and safety of miners, different requirements for small and large mines exist. In MSHA’s opinion, separate and distinct dust data collection requirements for small mines would not promote the Mine Act's objectives of protecting miners from overexposure to respirable coal mine dust and its related health hazards.

Because mining conditions are constantly changing, the quality of the air that miners breathe must be periodically evaluated to ensure that it is free of excessive dust. Therefore, MSHA requires that certain designated occupations, miners, and work locations be sampled by mine operators every 2 months (bimonthly). To monitor less frequently would allow the presence of excessive dust levels to go undetected. Failing to identify where, when, and under what production conditions specific samples were collected would render the sampling results meaningless and of no practical use. Consequently, the health of miners would be adversely impacted if excessive dust concentrations could not be properly acted on.

For the reasons stated earlier, MSHA requires the submission of compliance samples collected bimonthly and abatement samples following issuance of a citation for the sole purpose of demonstrating that the workplace is being maintained at or below the applicable standard. Also, since the operational status of a designated sampling entity has a direct impact on the operator’s ability to fully comply with the sampling requirements, §§ 70.220(a), 71.220(a), and 90.220(a) require the reporting of status changes in writing if sampling will be affected.

Once adopted by the mine operator, a respirable dust control plan must remain in effect for the life of the surface mine, surface facility, or surface area of an underground mine, or until the MSHA district manager determines that the plan is no longer necessary. Valid respirable dust control plans provide the baseline for MSHA to determine whether or not miners will be adequately protected from excessive dust concentrations during each shift. The collection of information is otherwise consistent with the guidelines in 5 CFR 1320.5.

MSHA published a 60-day pre-clearance FEDERAL REGISTER notice on (12/18/02, 67 FR No. 243, pages 77526 – 77528), soliciting public comments regarding the extension of this information collection. The comment period is open through 02/18/03.

MSHA has decided not to provide payments or gifts to respondents identified by this collection.

The information provided by the respondents includes the Social Security Number (SSN) of the person who either collected the dust sample or signed the dust data card certifying that the sample was collected in accordance with the regulations. The SSN is used to verify whether the individual who signed the data card is a certified person as required under §§ 70.202, 71.202 and 90.202. If a sample is taken on a miner who has evidence of pneumoconiosis, the SSN of the sampled miner (part 90 miner) is recorded on the data card for tracking samples collected on that particular miner. All records pertaining to part 90 miners are kept confidential and stored in locked cabinets, and accessed only by authorized Agency personnel.

No other records requiring confidentiality are required. However, in the event a mine operator should include proprietary information in the respirable dust control plan, such data will be kept confidential by MSHA consistent with the guidelines outlined in 5 U.S.C. 552(b)(4).

There are no questions of a sensitive nature.

The number of respondents for this submission is 1,049 mines.

30 CFR 70.209, 71.209, and 90.209: In FY 2002, MSHA processed approximately 42,840 dust data cards from 662 underground mines and 419 surface mines and facilities. This represents a decline of 21 percent from the 54,000 data cards that were reported in the previous submission. Specifically, during the just completed fiscal year, 38,300 data cards were submitted under § 70.209, 4050 under § 71.209, and 490 under § 90.209. Based on the Agency’s experience, it expects to receive approximately three percent fewer data cards in FY 2003 than in the prior year or about 41,600 due to the anticipated decline in the number of active mining operations. Of this total, approximately 28,000 data cards will be submitted by mine operators doing their own sampling; 11,000 by operators who rent the sampling equipment from outside parties; and the remaining 2,600 by independent contractors. The cost of equipment rental and contractor sampling services is included in Item 13. MSHA estimates that it requires approximately 50 minutes (0.83 hours) per sample to prepare the approved sampler unit and 10 minutes (0.17 hour) to make the required operational checks (monitoring) during the shift. This work, except for the actual monitoring of sampler operation (0.17 hour per sample), is performed by a certified dust technician earning approximately $19.95 per hour. A mine supervisor, earning $54.92 per hour, normally monitors the operation of the sampler unit during the shift. The Agency estimates that for operators doing their own sampling it will take a technician, earning $19.95 per hour, approximately 15 minutes (0.25 hour) to complete and sign each dust data card.

28,000 samples x 0.8333 hrs. = 23,332 hrs.

28,000 samples + 11,000 x 0.17 hr.

(monitoring) = 6,630 hrs.

39,000 samples x 0.25 hr. (complete

and sign data card) = 9,750 hrs.

6,630 hrs. x $54.92 = $ 364,120

30 CFR 70.201(c), 71,201(c), and 90.201(c): If MSHA wishes to observe operator sampling, these standards give the District Manager the authority to require a mine operator to submit in advance the dates when sampling will be conducted. The Agency anticipates receiving approximately 400 sampling schedules during FY 2003. MSHA estimates that it will take a mine supervisor, earning $54.92 per hour, an average of 45 minutes (0.75 hour) to develop a sampling schedule, and a mine clerk, earning $19.58 per hour, another 15 minutes (0.25 hour) to type and mail the schedule to the MSHA District Office.

Hour Burden

30 CFR 70.202(b), 71,202(b), and 90.202(b): These standards require a certified person to conduct respirable dust sampling and to sign the dust data card that accompanies each sample transmitted to MSHA for processing. To become certified, an individual must pass the MSHA examination on sampling of respirable coal mine dust. The Agency anticipates certifying approximately 200 individuals in FY 2003. Of these, 160 individuals (80 mine supervisors earning $54.92 per hour; 40 miners earning $28.07 per hour; and 40 technicians earning $19.95 per hour) will take both the training class and the certification exam (avg. 8 hours in length), while the remaining 40 individuals (20 mine supervisors; 10 miners; and 10 technicians) will opt for taking the examination only (avg. 1.5 hours).

Hour Burden

80 mine supervisors x 8 hrs. = 640 hrs.

40 miners x 8 hrs. = 320 hrs.

40 technicians x 8 hrs. = 320 hrs.

20 mine supervisors x 1.5 hrs. = 30 hrs.

10 miners x 1.5 hrs. = 15 hrs.

10 technicians x 1.5 hrs. = 15 hrs.

335 hrs. x $28.07 = $ 9,403

335 hrs. x $19.95 = $ 6,683

30 CFR 70.220(a), 71.220(a), and 90.220(a): These standards require the operator to report changes in the operational status of any designated sampling entity that affects the sampling requirements of 30 CFR Parts 70, 71, and 90. Such changes must be reported in writing to the MSHA District Office within 3 working days after the status change has occurred. The Agency anticipates receiving some 3,800 status changes in FY 2003, and approximately three percent fewer each year thereafter. It will take a mine supervisor, earning $54.92 per hour, an average of 15 minutes (0.25 hour) to prepare a status change report and a mine clerk, earning $19.58 per hour, an average of 10 minutes (0.17 hour) to type and mail the report to MSHA.

Hour Burden

646 hrs. x $19.58 = $ 12,649

30 CFR 71.300: Based on the number of citations issued for violation of the applicable dust standard under §§ 71.100 or 71.101 during FY 2002 (i.e., 20 and 9 based on operator and MSHA samples, respectively), MSHA anticipates that, beginning in FY 2003, operators will submit approximately 24 new respirable dust control plans and 5 revisions annually under § 71.300. The Agency estimates that it will take a mine supervisor, earning $54.92 per hour, an average of 3 hours to prepare a new dust control plan and 1.25 hours to revise an existing plan; and a mine clerk, earning $19.58 per hour, an average of 10 minutes (0.17 hour) to copy and mail the plan to MSHA for review and approval.

Hour Burden

30 CFR 71.301(d): This standard requires the mine operator to post a copy of the approved plan on the mine bulletin board. Copying and posting are estimated to take a mine clerk, earning $19.58 per hour, an average of 15 minutes (0.25 hour).

29 plans x 0.25 hr. = 7 hrs.

30 CFR 90.300: Based on the number of citations issued for violation of the applicable dust standard under §§ 90.100 or 90.101 during FY 2002 (i.e., 2 based on the results of MSHA samples), MSHA anticipates that, beginning in FY 2003, operators will submit approximately one new dust control plan and one revision each year under § 90.300. The Agency estimates that it will take a mine supervisor, earning $54.92 per hour, an average of 3 hours to prepare a new dust control plan and 1.25 hours to revise an existing plan; and a mine clerk, earning $19.58 per hour, an average of 10 minutes (0.17 hour) to copy and mail the plan to MSHA for review and approval.

30 CFR 90.301(d): This standard requires the mine operator to provide a copy of the approved plan to the affected part 90 miner. MSHA estimates that it will take a mine clerk, earning $19.58 per hour, an average of 10 minutes (0.17 hour) to copy the plan and a mine supervisor, earning $54.92 per hour, an average of 15 minutes (0.25 hour) to provide a copy of the approved plan to the affected part 90 miner.

0.5 hr. x $19.58 = $ 10

0.5 hr. x $54.92 = $ 27

Previous Submission

Current Submission

(a) The total capital (or start-up) cost to mine operators to obtain and maintain the equipment and supplies necessary to conduct the required dust sampling is estimated to be:

28,000 dust cassettes x $13.81 ea. = $ 386,680

2,100 pumps x $638 x 0.142(10-yr. life) = $ 190,252

3,150 sampling-head assemblies

x $266 ea x 0.381(3-yr. life) = $ 319,240

2,100 battery chargers x $50 ea.

x 0.244(5-yr. life) = $ 25,620

1,050 spare battery packs x $156 ea.

x 0.381(3-yr. life) = $ 62,408

100 fast-response calibrators

x $1035 ea x 0.244(5-yr. life) = $ 25,254

(b) The total annual operational and maintenance and contact services cost is estimated to be:

2,100 pumps x $135 for maint. & repair = $ 283,500

11,000 dust samples x $75 per sample

(collected by operator using equip.

+ cassette supplied by contractor)= $ 825,000

2,600 dust samples x $200 per sample

(collected by contractor) = $ 520,000

Regulations require dust sampling pumps to be calibrated before they are put into service and at intervals of not more than 200 hours of operating time thereafter. MSHA estimates that some 2,100 sampling pumps are being used by mine operators today, and approximately one third or 693 of these will be calibrated annually. Approximately 20% of the calibrations (involving some 138 pumps) will be performed by a certified dust technician, earning approximately $19.95 per hour, and that each calibration requires about 35 minutes (0.58 hour) to perform. The remaining 555 dust pumps will be calibrated by outside calibration service.

555 pumps x $110 per calibration = $ 61,050

Subtotal = $ 62,647

The postage cost for mailing a dust sample along with its data card in the pre-addressed mailer is approximately $0.60 per sample.

Subtotal = $ 23,400

MSHA also incurs costs in processing operator samples submitted under 30 CFR Parts 70, 71, and 90. These costs are associated with weighing the samples, recording the weights on the dust data cards, and making data entry into electronic data processing systems to record and utilize the dust sample data.

Upon receiving the operator’s dust sample and the accompanying data card, MSHA’s Respirable Dust Processing Laboratory in Pittsburgh, PA, prepares each sample received for weighing, weighs it using a robotic weighing system employing micro-balances, records the results on the data card, and enters the information recorded on the data card into a personal computer for electronic transmission to the main computer in San Antonio, New Mexico, for processing under contract with the Department of Defense. There, the transmitted information is processed, which involves checking the inputted information for accuracy and completeness, performing the required calculations of average concentration, and electronically transmitting the results to Denver, CO, where various computer-generated reports called data mailers are produced. These data mailers, which contain specific information obtained from the dust data card, are mailed to coal mine operators to communicate the disposition of each submitted dust sample and the required follow-up action.

Sample processing and data transmission to main frame:

MSHA personnel labor cost = $ 141,382

Equipment and annual maintenance cost

(vacuum pump, robotic weighing system,

analytical balances, and PCs) = $ 23,650

Misc. supplies (labels, paper, etc.) = $ 650

Data processing and reporting of results to mine operators:

Data mailers (42,000 mailers x $0.36) = $ 15,120

Computer time and onsite support

($1.37 per mailer x 42,000) = $ 57,540

Technical support (80% of contractor’s

(salary of $114,000) = $ 91,200

Postage (42,000 x $0.49) = $ 20,580

30 CFR 70.201(c), 71,201(c), and 90.201(c): MSHA expects to issue some 400 requests for sampling schedules beginning in FY 2003, and expects to receive approximately 340 responses from mine operators and 60 from independent contractors. It will take an Agency clerk, earning $15 per hour (GS 5/7), an average of 15 minutes (0.25 hour) to type and mail each request, and an average of 15 minutes (0.25 hour) to process each operator response; and an Agency health supervisor, earning $32 per hour (GS 12/5), and average of 15 minutes (0.25 hour) to review and distribute each response to respective field offices for follow-up action.

Hour Burden

30 CFR 70.220(a), 71.220(a), and 90.220(a): These standards require the operator to report changes in the operational status of any designated sampling entity that affects the sampling requirements of 30 CFR 70, 71, and 90. Such changes must be reported in writing to the MSHA District Office within 3 working days after the status change has occurred. MSHA expects to process approximately 3,800 status change reports in FY 2003, and three percent fewer each year thereafter. These reports are subsequently reviewed again by Agency personnel to determine whether to cite a particular operator for failure to comply with the sampling requirements following receipt of an advisory from Denver informing the responsible MSHA office that the operator failed to submit the required number of respirable dust samples. It will take an Agency health supervisor, earning $32 per hour (GS 13/5 salary), an average of 10 minutes (0.17 hour) to review each status change report, and an Agency clerk, earning $15 per hour (GS 5/7), and average of 20 minutes (0.33 hour) to process and file each report.

Hour Burden

30 CFR 71.300: As a result of the citations issued for violations of the applicable dust standard under §§ 71.100 and 71.101, MSHA expects mine operators to submit 24 new respirable dust control plans and 5 revisions under § 71.300 each year. It will take an Agency health supervisor, earning $32 per hour (GS 13/5 salary), 45 minutes (0.75 hour) to review the average plan (new) and 25 minutes (0.42 hour) per revision, and an Agency clerk, earning $15 per hour (GS 5/7 salary), another 45 minutes (0.75 hour) to process a plan (new or revision).

Hour Burden

20 hrs. x $32 = $ 640

30 CFR 90.300: As a result of the citations issued for violations of the applicable respirable dust standard under §§ 90.100 and 90.101, MSHA expects mine operators to submit one new respirable dust control plans and one revision under § 90.300 each year. MSHA estimates that it will take an Agency health supervisor, earning $32 per hour, 45 minutes (0.75 hour) to review the average plan and 25 minutes (0.42) per revision, and an Agency clerk, earning $15 per hour, another 45 minutes (0.75 hour) to process a new plan or any revisions.

1.5 hrs. x $32 = $ 48

1.5 hrs. x $15 = $ 23

Respondents: There is a decrease of 232 respondents (1,281 to 1,049). Due to the decline in the less productive and marginal mining operations, the number of respondents decreased by over 15 percent, from FY 1998 to FY 2002. This trend is expected to continue over the next three years, resulting in approximately three percent fewer respondents or 1049 submitting respirable dust samples in FY 2003.

Responses: There is a 12,100 decrease in the number of responses (58,162 to 46,062). As a result of the direct relation in the number of respondents to responses, a decrease in responses occurred.

Hours: There is an increase of 690 hours (42,454 to 43,144). Instead of an adjusted decrease in burden hours that would be expected as a result of the reduced number of dust samples the Agency anticipates to process in FY 2003, there is an increase. This is due to the inclusion of the hour burden on respondents to complete and sign the dust data card accompanying each sample under §§ 70.209, 71.209, and 90.209, that was omitted previously due to administrative oversight. If this particular burden had been accounted for in the previous paper reduction package, the Agency would, instead, be reporting a decrease in the current submission consistent with the decrease in the number of respondents and responses.

Costs: There is a $405K decrease in costs (3,128K to 2,723K). Consistent with the expected decline in the number of respondents in FY 2003 and, consequently, in the number of samples these respondents will submit to MSHA for processing, there is a reduction in the O&M and contract services cost. Therefore, an adjusted decrease in the total annual cost burden is realized, even after inclusion of the burden discussed in the "hours" that had been omitted.

The transmittal and processing of dust data cards is not required for publication. Results are reported back to mine operators and the electronic data base is used to plan enforcement activities and evaluate programs, but the underlying purpose is to monitor compliance with mandatory permissible exposure limits for respirable coal dust to assure healthful work environments. Likewise, information provided by mine operators in respirable dust control plans is not collected for the purpose of publication.

MSHA is seeking approval to not display the expiration date for OMB approval of this information collection. Dust sampling cassettes and the accompanying dust data cards are manufactured by the Mine Safety Appliances Company for sale to coal mine operators. MSHA has no direct control over the production or distribution of the cassettes and data cards. As a result, the likelihood is high that out-of-date dust data cards will be supplied to and used by the coal mining industry. MSHA proposes instead to issue a Program Information Bulletin to all coal mine operators informing them of the new expiration date each time OMB extends the expiration date for this information collection.

There are no certification exceptions identified with this information collection.

The collection of this information does not employ statistical methods.

Proposed Display Statement

30 CFR Parts 70, 71, and 90 require coal mine operators to collect and submit dust samples to MSHA for analysis to determine compliance with federal coal mine dust standards. 30 CFR §§ 70.209, 71.209, and 90.209 require dust data cards submitted with each dust sample to be completed by person certified by MSHA to take dust samples.

The public reporting burden for this collection of information is estimated to average 52 minutes per response, including the time for the sample unit preparation, on-site monitoring, disassembly and cleanup, and completion of the dust data card. Send comments regarding this estimate response time or any other aspect of this collection of information, including suggestions for reducing this burden to the Records Management Group, Administration and Management, Mine Safety and Health administration, U.S. Department of Labor, 1100 Wilson Boulevard, Arlington, VA 22203-3939.

In compliance with the Privacy Act of 1974, the following information is provided: solicitation of the information requested on this form, including the use of the social security number for certified individuals and designated miners is authorized by 30 CFR Parts 70, 71, and90. The data will be used to determine compliance with federal coal mine respirable dust standards and sampling requirements. False certification is punishable under section 110(a) & (f) of the Federal Mine Safety and Health Act (PL 91-173 as amended by PL 95-164)

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

OMB Control Number 1219-0011