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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 is
available on https://
www.regulations.gov. MSHA cautions
commenters 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, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.

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III. Current Actions
This information collection request
concerns provisions for Pattern of
Violations. MSHA has updated the data
with respect to the number of
respondents, responses, time burden,
and burden costs supporting this
information collection request from the
previous information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0150.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 15.
Frequency: On occasion.
Number of Annual Responses: 21.
Annual Time Burden: 1,664 hours.
Annual Other Burden Costs $2,801.
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. 2025–09596 Filed 5–28–25; 8:45 am]
BILLING CODE 4510–43–P

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DEPARTMENT OF LABOR

SUPPLEMENTARY INFORMATION:

Mine Safety and Health Administration

I. Background

[OMB Control No. 1219–0011]

A. Legal Authority

Proposed Extension of Information
Collection: Respirable Coal Mine Dust
Sampling
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor
(DOL), as part of its continuing effort to
reduce paperwork and respondent
burden, conducts a pre-clearance
consultation program for all information
collections, to provide the 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 titled ‘‘Respirable Coal Mine
Dust Sampling’’.
DATES: All comments must be received
on or before July 28, 2025.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
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–
2025–0026.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
• 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.
SUMMARY:

S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile). These are not tollfree numbers.

FOR FURTHER INFORMATION CONTACT:

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Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) as amended, 30 U.S.C. 813(h),
authorizes the Mine Safety and Health
Administration (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.
The Paperwork Reduction Act (PRA)
governs paperwork burdens imposed by
Federal agencies on the public for using
identical questions to collect
information from 10 or more persons.
Paperwork burden is defined in 44
U.S.C. 3502(2) as time, effort, or
financial resources expended to
generate, maintain, or provide
information to or for a Federal agency.
Under 44 U.S.C. 3507, policies and
procedures of information collection are
established for controlling paperwork
burdens imposed by Federal agencies on
the public, including evaluating public
comments.
B. Information Collection
To fulfill the statutory mandates to
promote miners’ health and safety,
MSHA requires information under the
information collection request (ICR)
titled ‘‘Respirable Coal Mine Dust
Sampling’’. The information collection
is intended to ascertain coal mine dust
levels and to ensure coal miners are not
exposed to excessive levels of respirable
coal mine dust.
Chronic excessive exposure to
respirable coal mine dust causes lung
diseases including coal workers’
pneumoconiosis (CWP), emphysema,
silicosis, and chronic bronchitis. These
diseases, known collectively as ‘‘black
lung,’’ are debilitating and can result in
severe disability and premature death.
While considerable progress has been
made in lowering dust levels over time,
severe cases of black lung continue to be
identified. Information from the
federally funded Coal Workers’ Health
Surveillance Program administered by
the National Institute for Occupational
Safety and Health (NIOSH) indicates
that black lung remains an occupational
health risk among coal miners.
MSHA’s standards in 30 CFR parts 70
and 71 require each operator of

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underground and surface coal mines to
protect miners from exposure to
excessive respirable coal mine dust
levels for the miners’ health and safety.
Under 30 CFR parts 70 and 71, coal
mine operators are required to
continuously maintain the average
concentration of respirable coal mine
dust in the atmosphere where miners
normally work or travel at or below 1.5
milligrams per cubic meter of air (mg/
m3). Each coal mine operator is also
required to continuously maintain the
average concentration of respirable dust
in intake airways at underground mines
at or below 0.5 mg/m3.
Additionally, MSHA’s standards in 30
CFR part 90 require that for coal mine
employees who have exercised the
option described in section 30 CFR 90.3
(hereafter referred to as part 90
miners 1), the mine operator must place
them in a work area of the mine where
the average concentration of respirable
dust in the mine atmosphere is at or
below 0.5 mg/m3.
To ensure coal mine operators comply
with the applicable dust standards
specified in 30 CFR parts 70, 71, and 90,
coal mine operators are required to
sample respirable coal mine dust
quarterly and submit these samples to
MSHA for analysis.
Underground coal mine operators
must take the following samples
quarterly with an approved Continuous
Personal Dust Monitor (CPDM) unless
notified by MSHA that they may use an
approved Coal Mine Dust Personal
Sampling Unit (CMDPSU) to conduct
sampling:
• The Designated Occupations (DO)
and Other Designated Occupations
(ODO) associated with each Mechanized
Mining Unit (MMU), and
• Each Designated Area (DA) location
specified in the operator’s approved
mine ventilation plan.
At surface coal mines and surface
work areas of underground coal mines,
operators must take quarterly samples of
the Designated Work Positions (DWP)
with an approved CMDPSU unless
notified by MSHA that they may use an
approved CPDM to conduct sampling.
Furthermore, at both surface and
underground coal mines each part 90
miner may only be sampled with an
approved CPDM unless notified by
1 Under 30 CFR 90.3(a), any miner employed at
a coal mine who has evidence of the development
of pneumoconiosis, based on a chest X-ray or other
medical examinations, must be afforded the option
to work in an area of a mine where the average
concentration of respirable dust in the mine
atmosphere during each shift to which that miner
is exposed is continuously maintained at or below
the applicable standard. Each of these miners must
be notified in writing of eligibility to exercise the
option.

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MSHA that they may use an approved
CMDPSU.
This information collection request
summarizes recordkeeping and
reporting burden, and costs associated
with respirable coal mine dust
sampling, which includes six
components:
1. Records Related to Sampling
This component covers the
information collection costs related to
activities that mine operators are
required to conduct and submit to
MSHA for sampling, but are not direct
costs of sampling, and MSHA’s
responses to those reports. These
recordkeeping activities include mine
operators:
i. Recording lengths of shifts for each
MMU, DWP, and part 90 miner;
ii. Submitting dates and times of
when sampling will be conducted for
MSHA’s review;
iii. Submitting samples taken for
purposes other than fulfilling the
sampling requirements;
iv. Reporting changes in the status of
a mine, MMU, DA, DWP, or part 90
miner that affects sampling
requirements for MSHA’s review;
v. Recording production at
underground coal mines to establish a
normal production shift; and
vi. Submitting work position lists that
identify where DWP samples are
collected at surface coal mines and
surface work areas of underground coal
mines.
2. CMDPSU Sampling
This component covers the
information collection costs related to
CMDPSU sampling, including:
i. Mine operators collecting,
certifying, and submitting CMDPSU
samples;
ii. MSHA processing CMDPSU
samples and reporting results to mine
operators; and
iii. Mine operators posting MSHA’s
CMDPSU sampling results on mine
bulletin boards.
3. CPDM Sampling
This component covers the
information collection costs related to
CPDM sampling, mostly at underground
coal mines, including:
i. Mine operators collecting,
certifying, and submitting CPDM
samples;
ii. MSHA processing CPDM samples
and reporting results to mine operators;
and
iii. Mine operators posting CPDM
Dust Data Cards and MSHA’s sampling
results on mine bulletin boards.

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4. Part 90 Miner Sampling
This component covers the
information collection costs related to
part 90 miner sampling, including:
i. Mine operators collecting,
certifying, and submitting samples from
part 90 miners;
ii. MSHA processing samples from
part 90 miners and reporting results to
part 90 miners; and
iii. Mine operators providing part 90
miners with Dust Data Cards and
MSHA’s sampling results.
5. Recording and Certifying Corrective
Actions
This component covers the
information collection costs related to
corrective actions taken after a sample
meets or exceeds the Excessive
Concentration Value (ECV), or after the
issuance of a citation for violation,
including:
i. Recording and certifying corrective
actions taken after a valid sample meets
or exceeds the ECV; and
ii. Recording and certifying corrective
actions taken after a citation for
violation is issued.
6. Abatement Activities after Corrective
Actions
This component covers the
information collection costs related to
all abatement activities after corrective
actions are taken, including:
i. Mine operators collecting,
certifying, and submitting abatement
samples;
ii. MSHA processing abatement
samples and reporting results to mine
operators or part 90 miners;
iii. Mine operators posting Dust Data
Cards and MSHA’s abatement sampling
results, and providing copies to part 90
miners;
iv. Mine operators submitting new or
revised mine ventilation plans or dust
control plans for MSHA’s review;
v. Mine operators notifying miners’
representatives of new or revised mine
ventilation plans or dust control plans
and providing copies to miner’s
representatives and part 90 miners; and
vi. Mine operators posting new or
revised mine ventilation plans or dust
control plans.
Authorization and the associated rule
text as well as detailed requirements
associated with respirable coal mine
dust sampling are described below.
1. Records Related to Sampling
i. Recording Lengths of Shifts
Underground Coal Mines
Under 30 CFR 70.201(e), records
showing the length of each production
shift for each MMU must be made and

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retained for at least 6 months and must
be made available for inspection by
authorized representatives of the
Secretary, the representative of miners,
and submitted to the District Manager
when requested in writing.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.201(d), records
showing the length of each normal work
shift for each DWP must be made and
retained for at least 6 months and must
be made available for inspection by
authorized representatives of the
Secretary, the representative of miners,
and submitted to the District Manager
when requested in writing.
Part 90 Miners
Under 30 CFR 90.201(f), records
showing the length of each shift for each
part 90 miner must be made and
retained for at least 6 months and must
be made available for inspection by
authorized representatives of the
Secretary and submitted to the District
Manager when requested in writing.
ii. Submitting Sampling Dates and
Times

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Underground Coal Mines
Under 30 CFR 70.201(f), upon request
from the District Manager, the operator
must submit the date and time any
respirable dust sampling will begin.
This information must be submitted at
least 48 hours prior to the scheduled
sampling.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.201(e), upon request
from the District Manager, the operator
must submit the date and time any
respirable dust sampling will begin.
This information must be submitted at
least 48 hours prior to scheduled
sampling.
Under 30 CFR 71.201(f), upon written
request by the operator, the District
Manager may waive the rain restriction
for a normal work shift as defined in 30
CFR 71.2 for a period not to exceed 2
months, if the District Manager
determines that: The operator will not
have reasonable opportunity to
complete the respirable dust sampling
without the waiver because of the
frequency of rain, and the operator did
not have reasonable opportunity to
complete the required respirable dust
sampling prior to requesting the waiver.
Part 90 Miners
Under 30 CFR 90.201(g), upon request
from the District Manager, the operator
must submit the date and time any
required respirable dust sampling will

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begin. This information must be
submitted at least 48 hours prior to
scheduled sampling.
iii. Submitting Samples Taken for
Purposes Other Than Fulfilling the
Sampling Requirements
Underground Coal Mines
Under 30 CFR 70.210(d), all respirable
dust samples collected by the operator
will be considered taken to fulfill the
sampling requirements of parts 70, 71,
or 90, unless the sample has been
identified in writing by the operator to
the District Manager, prior to the
intended sampling shift, as a sample to
be used for purposes other than required
by 30 CFR parts 70, 71, or 90.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.207(d), all respirable
dust samples collected by the operator
will be considered taken to fulfill the
sampling requirements of parts 70, 71,
or 90, unless the sample has been
identified in writing by the operator to
the District Manager, prior to the
intended sampling shift, as a sample to
be used for purposes other than required
by 30 CFR parts 70, 71, or 90.
Part 90 Miners
Under 30 CFR 90.208(d), all respirable
dust samples collected by the operator
will be considered taken to fulfill the
sampling requirements of parts 70, 71,
or 90, unless the sample has been
identified in writing by the operator to
the District Manager, prior to the
intended sampling shift, as a sample to
be used for purposes other than required
by 30 CFR parts 70, 71, or 90.
iv. Reporting Status Changes
Underground Coal Mines
Under 30 CFR 70.212(a), if there is a
change in operational status that affects
the respirable dust sampling
requirements, the operator must report
the change in operational status of the
mine, MMU, or DA to the MSHA
District Office or to any other MSHA
office designated by the District
Manager. Status changes must be
reported in writing or electronically
within 3 working days after the status
change has occurred. Operational status
is classified as producing,
nonproducing, and abandoned.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.209(a), if there is a
change in operational status that affects
the respirable dust sampling
requirements, the operator must report
the change in operational status of the

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mine or DWP to the MSHA District
Office or to any other MSHA office
designated by the District Manager.
Status changes must be reported in
writing or electronically within 3
working days after the status change has
occurred. Operational status is classified
as producing, nonproducing, and
abandoned.
Part 90 Miners
Under 30 CFR 90.210, if there is a
change in the status of a part 90 miner
(such as entering a terminated, injured,
or ill status, or returning to work), the
operator must report the change in the
status of the part 90 miner to the MSHA
District Office or to any other MSHA
office designated by the District
Manager. Status changes must be
reported in writing or by electronic
means within 3 working days after the
status change has occurred.
v. Recording Production at
Underground Coal Mines
Underground Coal Mines
Under 30 CFR 70.201(g), to establish
a normal production shift the operator
must record the amount of run-of-mine
material produced by each MMU during
each shift to determine the average
production for the most recent 30
production shifts, or for all production
shifts if fewer than 30 shifts of
production data are available.
Production records must be retained for
at least 6 months and must be made
available for inspection by authorized
representatives of the Secretary and the
representative of miners.
vi. Submitting Work Position Lists of
DWP Samples at Surface Coal Mines
and Surface Work Areas of
Underground Coal Mine
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.206(d), operators
with multiple specified work positions
must sample the DWP exposed to the
greatest respirable dust concentration in
each work position performing the same
activity or task at the same location at
the mine and exposed to the same dust
generation source. Specified work
positions include bulldozer operators
(MSHA occupation code 368) and other
work positions designated by the
District Manager for sampling where a
concentration of respirable dust
exceeding 50 percent of the standard in
effect at the time the sample is taken, or
a concentration of respirable dust
exceeding 50 percent of the standard
has been measured by one or more
MSHA valid representative samples.
Each operator must provide the District

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Manager with a list identifying the
specific work positions where DWP
samples will be collected for active
mines, new mines, and DWPs with a
change in operational status that
increases or reduces the number of
active DWPs.
Under 30 CFR 71.206(m), The District
Manager may designate additional work
positions for sampling where a
concentration of respirable dust
exceeding 50 percent of the standard in
effect at the time the sample is taken, or
a concentration of respirable dust
exceeding 50 percent of the standard
has been measured by one or more
MSHA valid representative samples.
2. CMDPSU Sampling
i. Collecting, Certifying, and Submitting
CMDPSU Samples
After conducting quarterly sampling
and notating irregular flowrate or other
events, all mine operators using
CMDPSUs must certify and submit these
samples to MSHA.

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Underground Coal Mines
Under 30 CFR 70.201(b)(2), DAs
identified by the operator under section
75.371(t) must be sampled quarterly
with an approved CMDPSU, unless the
operator notifies the District Manager in
writing that only an approved CPDM
will be used for all DA sampling at the
mine. The notification must be received
at least 90 days before the beginning of
the quarter in which CPDMs will be
used to collect the DA samples.
Under 30 CFR 70.209(a), if using a
CMDPSU, the operator must sample
quarterly each DA on consecutive
production shifts until five valid
representative samples are taken.
Under 30 CFR 70.205(b)(2), if using a
CMDPSU, each approved sampling
device must be examined each shift by
a person certified in sampling during
the last hour of operation to assure that
the sampling device is operating
properly and at the proper flowrate. If
the proper flow rate is not maintained,
the respirable dust sample must be
transmitted to MSHA with a notation by
the certified person on the back of the
dust data card stating that the proper
flowrate was not maintained. Other
events occurring during the collection of
respirable dust samples that may affect
the validity of the sample, such as
dropping of the sampling head assembly
onto the mine floor, must also be noted
on the back of the dust data card.
Under 30 CFR 70.210(c), a person
certified in sampling must properly
complete the dust data card that is
provided by the manufacturer for each
filter cassette. The card must have an

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identification number identical to that
on the cassette used to take the sample
and be submitted to MSHA with the
sample. Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and must include that
person’s MSHA Individual
Identification Number (MIIN).
Respirable dust samples with data cards
not properly completed may be voided
by MSHA.
Under 30 CFR 70.210(a), if using a
CMDPSU the operator must transmit
within 24 hours after the end of the
sampling shift all samples collected for
compliance, including control filters, in
containers provided by the
manufacturer of the filter cassette to
MSHA, or to any other address
designated by the District Manager.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.201(a), each
operator must take representative
samples of the concentration of
respirable dust in the active workings of
the mine only with an approved
CMDPSU. The operator may use an
approved CPDM if the operator notifies
the District Manager in writing that only
an approved CPDM will be used for all
DWP sampling at the mine. The
notification must be received at least 90
days before the beginning of the quarter
in which CPDMs will be used to collect
the DWP samples.
Under 30 CFR 71.206(a), if using a
CMDPSU, each operator must take one
valid representative sample from the
DWP during each quarterly period.
Under 30 CFR 71.205(b)(2), if using a
CMDPSU, each sampling device must be
examined each shift by a person
certified in sampling during the last
hour of operation to assure that it is
operating properly and at the proper
flowrate. If the proper flowrate is not
maintained, the respirable dust sample
must be transmitted to MSHA with a
notation by the certified person on the
back of the dust data card stating that
the proper flowrate was not maintained.
Other events occurring during the
collection of respirable dust samples
that may affect the validity of the
sample, such as dropping of the
sampling head assembly onto the mine
floor, must also be noted on the back of
the dust data card.
Under 30 CFR 71.206(e), each DWP
sample must be taken on a normal work
shift. If a normal work shift is not
achieved, the respirable dust sample
must be transmitted to MSHA with a
notation by the person certified in
sampling on the back of the dust data
card stating that the sample was not

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taken on a normal work shift. When a
normal work shift is not achieved, the
sample for that shift may be voided by
MSHA. However, any sample,
regardless of whether a normal work
shift was achieved, that exceeds the
applicable standard by at least 0.1 mg/
m3 must be used in the determination of
the equivalent concentration for that
occupation.
Under 30 CFR 71.207(c), a person
certified in sampling must properly
complete the dust data card that is
provided by the manufacturer for each
filter cassette. The card must have an
identification number identical to that
on the cassette used to take the sample
and be submitted to MSHA with the
sample. Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and must include that
person’s MIIN. Respirable dust samples
with data cards not properly completed
may be voided by MSHA.
Under 30 CFR 71.207(a), if using a
CMDPSU, the operator must transmit
within 24 hours after the end of the
sampling shift all required samples,
including control filters, in containers
provided by the manufacturer of the
filter cassette to MSHA.
ii. MSHA Processing CMDPSU Samples
and Reporting Results to Mine
Operators
Underground Coal Mines
Under 30 CFR 70.211(a), MSHA will
provide the operator a report on
respirable dust samples submitted. The
report will include the concentration of
respirable dust, the average equivalent
concentration of respirable dust for all
valid samples, the occupation code
(where applicable), and the reason for
voiding any sample.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.208(a), MSHA will
provide the operator a report on
respirable dust samples submitted. The
report will include the concentration of
respirable dust, the average equivalent
concentration of respirable dust for all
valid samples, the occupation code, and
the reason for voiding any sample.
iii. Posting MSHA’s CMDPSU Sampling
Results
Underground Coal Mines
Under 30 CFR 70.211(b), upon
receipt, the operator must post MSHA’s
report with data on respirable dust
samples submitted or transmitted
electronically if using a CPDM for at
least 31 days on the mine bulletin
board.

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Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.208(b), upon
receipt, the operator must post MSHA’s
report with data on respirable dust
samples submitted or transmitted
electronically if using a CPDM for at
least 31 days on the mine bulletin
board.
3. CPDM Sampling

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i. Collecting, Certifying, and Submitting
CPDM Samples
After conducting quarterly sampling
and notating irregular flowrate or other
events, mine operators must certify and
submit CPDM samples to MSHA.
Underground Coal Mines
Under 30 CFR 70.201(a), DOs in each
MMU must be sampled quarterly with
an approved CPDM and an approved
CMDPSU cannot be used, unless
notified by the Secretary to continue to
use an approved CMDPSU to conduct
quarterly sampling.
Under 30 CFR 70.201(b)(1), DAs
associated with an MMU must be
redesignated as ODO. ODOs must be
sampled quarterly with an approved
CPDM and an approved CMDPSU must
not be used, unless notified by the
Secretary to continue to use an
approved CMDPSU to conduct quarterly
sampling.
Under 70.208(a), the operator must
sample each calendar quarter: the DO in
each MMU and each ODO in each MMU
on consecutive normal production shifts
until 15 valid representative samples are
taken.
Under 30 CFR 70.210(c), a person
certified in sampling must properly
complete the dust data card that is
provided by the manufacturer for each
filter cassette. The card must have an
identification number identical to that
on the cassette used to take the sample
and be submitted to MSHA with the
sample. Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and must include that
person’s MIIN. Respirable dust samples
with data cards not properly completed
may be voided by MSHA.
Under 30 CFR 70.210(f)(1), if using a
CPDM, the person certified in sampling
must validate, certify, and transmit
electronically to MSHA within 24 hours
after the end of each sampling shift all
sample data file information collected
and stored in the CPDM, including the
sampling status conditions encountered
when sampling. Under 30 CFR
70.210(f)(2), the person certified in
sampling must not tamper with the
CPDM or its components in any way

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before, during, or after it is used to
sample for compliance or alter any
sample data files. All CPDM data files
transmitted electronically to MSHA
must be maintained by the operator for
at least 12 months.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.201(a), each
operator must take representative
samples of the concentration of
respirable dust in the active workings of
the mine only with an approved
CMDPSU. The operator may use an
approved CPDM if the operator notifies
the District Manager in writing that only
an approved CPDM will be used for all
DWP sampling at the mine. The
notification must be received at least 90
days before the beginning of the quarter
in which CPDMs will be used to collect
the DWP samples.
Under 30 CFR 71.207(c), a person
certified in sampling must properly
complete the dust data card that is
provided by the manufacturer for each
filter cassette. The card must have an
identification number identical to that
on the cassette used to take the sample
and be submitted to MSHA with the
sample. Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and must include that
person’s MSHA MIIN. Respirable dust
samples with data cards not properly
completed may be voided by MSHA.
Under 30 CFR 71.207(f), if using a
CPDM, the person certified in sampling
must (1) validate, certify, and transmit
electronically to MSHA within 24 hours
after the end of each sampling shift all
sample data file information collected
and stored in the CPDM, including the
sampling status conditions encountered
when sampling each DWP; and (2) not
tamper with the CPDM or its
components in any way before, during,
or after it is used to sample for
compliance, or alter any sample data
files. All CPDM data files transmitted
electronically to MSHA must be
maintained by the operator for at least
12 months.
ii. MSHA Processing CPDM Samples
and Reporting Results to Mine
Operators
Underground Coal Mines
Under 30 CFR 70.211(a), MSHA will
provide the operator a report on
respirable dust samples submitted
physically or transmitted electronically
if using a CPDM. The report will
include the concentration of respirable
dust, the average equivalent
concentration of respirable dust for all

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valid samples, the occupation code
(where applicable), and the reason for
voiding any sample.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.208(a), MSHA will
provide the operator a report on
respirable dust samples submitted
physically or transmitted electronically
if using a CPDM. The report will
include the concentration of respirable
dust, the average equivalent
concentration of respirable dust for all
valid samples, the occupation code, and
the reason for voiding any sample.
iii. Posting CPDM Dust Data Cards and
MSHA’s Sampling Results
Underground Coal Mines
Under 30 CFR 70.211(b), upon receipt
of a MSHA’s report, the operator must
post the report with data on respirable
dust samples submitted physically or
transmitted electronically if using a
CPDM for at least 31 days on the mine
bulletin board.
Under 30 CFR 70.211(c), if using a
CPDM, the person certified in sampling
must, within 12 hours after the end of
each sampling shift, print, sign, and
post on the mine bulletin board a paper
record (Dust Data Card) of the sample
run. This hard-copy record must
include the data entered when the
sample run was first programmed and
key information such as the
concentration of respirable dust and the
shift length.
Under 30 CFR 70.211(d), the
information must remain posted until
the receipt of the MSHA report covering
the respirable dust samples.
Under 30 CFR 70.201(j), anthracite
mines using the full box, open breast, or
slant breast mining method may use
either a CPDM or a CPMDPSU to
conduct the required sampling. The
mine operator must notify the District
Manager in writing of its decision to not
use a CPDM.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.208(b), upon receipt
of a MSHA’s report, the operator must
post the report with data on respirable
dust samples submitted physically or
transmitted electronically if using a
CPDM for at least 31 days on the mine
bulletin board.
Under 30 CFR 71.208(c), if using a
CPDM, the person certified in sampling
must, within 12 hours after the end of
each sampling shift, print, sign, and
post on the mine bulletin board a paper
record (Dust Data Card) of each sample
run. This hard-copy record must
include the data entered when the

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Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices
sample run was first programmed and
key information such as the
concentration of respirable dust and the
shift length.
Under 30 CFR 71.208(d), the
information must remain posted until
the receipt of the MSHA report covering
the respirable dust samples.
4. Part 90 Miner CPDM Sampling

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i. Collecting, Certifying, and Submitting
Samples From Part 90 Miners
Under 30 CFR 90.201(a), part 90
miners must be sampled only with an
approved CPDM, and an approved
CMDPSU cannot be used unless notified
by the Secretary to continue to use an
approved CMDPSU to conduct quarterly
sampling.
Under 30 CFR 90.207(a), each
operator must take five valid
representative samples every calendar
quarter from the environment of each
part 90 miner while performing normal
work duties. Part 90 miner samples
must be collected on consecutive
workdays.
Under 30 CFR 90.205(b)(2), if using a
CMDPSU, each approved sampling
device must be examined each shift, by
a person certified in sampling during
the last hour of operation to assure that
the sampling device is operating
properly and at the proper flowrate. If
the proper flowrate is not maintained,
the respirable dust sample must be
transmitted to MSHA with a notation by
the certified person on the back of the
dust data card stating that the proper
flowrate was not maintained. Other
events that occurred during the
collection of respirable dust samples
that may affect the validity of the
sample, such as dropping of the
sampling head assembly onto the mine
floor, must be noted on the back of the
dust data card.
Under 30 CFR 90.208(c), a person
certified in sampling must properly
complete the dust data card that is
provided by the manufacturer for each
filter cassette. The card must have an
identification number identical to that
on the cassette used to take the sample
and be submitted to MSHA with the
sample. Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and must include that
person’s MIIN. Respirable dust samples
with data cards not properly completed
may be voided by MSHA.
Under 30 CFR 90.208(a), if using a
CMDPSU, the operator must transmit
within 24 hours after the end of the
sampling shift all samples collected for
compliance, including control filters, in
containers provided by the

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manufacturer of the filter cassette, to
MSHA or to any other address
designated by the District Manager.
Under 30 CFR 90.208(f), if using a
CPDM, the person certified in sampling
must validate, certify, and transmit
electronically to MSHA within 24 hours
after the end of each sampling shift all
sample data file information collected
and stored in the CPDM, including the
sampling status conditions encountered
when sampling each part 90 miner. The
person certified in sampling must not
tamper with the CPDM or its
components in any way before, during,
or after it is used to fulfill the
requirements, or alter any data files. All
CPDM data files transmitted
electronically to MSHA must be
maintained by the operator for at least
12 months.
Under 30 CFR 90.201(j), anthracite
mines using the full box, open breast, or
slant breast mining method may use
either a CPDM or a CMDPSU to conduct
the required sampling. The mine
operator must notify the District
Manager in writing of its decision to not
use a CPDM.
ii. MSHA Processing Samples From Part
90 Miners and Reporting Results to Part
90 Miners
Under 30 CFR 90.209(a), MSHA will
provide the operator a report on
respirable dust samples submitted
physically or transmitted electronically,
if using a CPDM, to the part 90 miner.
iii. Providing Part 90 Miners With Dust
Data Cards and MSHA’s Sampling
Results
Under 30 CFR 90.209(b), upon receipt
of MSHA’s report on respirable dust
samples, the operator must provide a
copy of the report to the part 90 miner.
The operator must not post the original
or a copy of this report on the mine
bulletin board.
Under 30 CFR 90.209(c), if using a
CPDM, the person certified in sampling
must print, sign, and provide to each
part 90 miner, a paper record (Dust Data
Card) of the sample run within one hour
after the start of the part 90 miner’s next
work shift. This hard-copy record must
include the data entered when the
sample run was first programmed and
key information such as the
concentration of respirable dust, the
shift length, and the part 90 miner’s
MIIN.
Under 30 CFR 90.209(d), the operator
must not post data on respirable dust
samples for part 90 miners on the mine
bulletin board.

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22767

5. Recording and Certifying Corrective
Actions
i. Recording and Certifying Corrective
Actions After a Valid Sample Meets or
Exceeds the ECV
Underground Coal Mines
Under 30 CFR 70.208(e)(2), when a
valid representative sample meets or
exceeds the ECV in Table 70–1
(Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/
CPDM Concentration Measurements)
that corresponds to the applicable
standard and particular sampling device
used, the operator must immediately
take corrective action to lower the
concentration of respirable dust to at or
below the applicable dust standard.
Under 30 CFR 70.208(e)(3), the
operator must make a record of the
corrective action taken. The record must
be certified by the mine foreman or
equivalent mine official, no later than
the end of the mine foreman or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.
Under 30 CFR 70.209(c)(2), when a
valid representative sample meets or
exceeds the ECV in Table 70–1 that
corresponds to the applicable standard
and particular sampling device used,
the operator must immediately take
corrective action to lower the
concentration of respirable dust to at or
below the applicable respirable dust
standard.
Under 30 CFR 70.209(c)(3), the
operator must make a record of the
corrective action taken. The record must
be certified by the mine foreman or
equivalent mine official, no later than
the end of the mine foreman or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.

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Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices

Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.206(h)(2), when a
valid representative sample meets or
exceeds the ECV in Table 71–1
(Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/
CPDM Concentration Measurements)
that corresponds to the applicable
standard and particular sampling device
used, the operator must immediately
take corrective action to lower the
concentration of respirable coal mine
dust to at or below the applicable
standard.
Under 30 CFR 71.206(h)(3), the
operator must make a record of the
corrective actions taken. The record
must be certified by the mine foreman
or equivalent mine official, no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.

ddrumheller on DSK120RN23PROD with NOTICES1

Part 90 Miners
Under 30 CFR 90.207(c)(2), when a
valid representative sample meets or
exceeds the ECV in Table 90–1
(Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/
CPDM Concentration Measurements)
that corresponds to the applicable
standard and particular sampling device
used, the operator must immediately
take corrective action to lower the
concentration of respirable coal mine
dust to at or below the applicable
standard.
Under 30 CFR 90.207(c)(3), the
operator must make a record of the
corrective actions taken. The record
must be certified by the mine foreman
or equivalent mine official, no later than
the end of the mine foreman or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the part 90 miner.

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ii. Recording and Certifying Corrective
Actions After a Citation for Violation Is
Issued
Underground Coal Mines
Under 30 CFR 70.208(h)(2), upon the
issuance of a citation for violation of the
applicable standard for MMUs, the
operator must immediately take
corrective action to lower the
concentration of respirable coal mine
dust to at or below the applicable
standard.
Under 30 CFR 70.208(h)(3), the
operator must make a record of the
corrective action taken. The record must
be certified by the mine foreman or
equivalent mine official, no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.
Under 30 CFR 70.209(f)(2), upon
issuance of a citation for a violation of
the applicable standards for DAs, the
operator must immediately take
corrective action to lower the
concentration of respirable coal mine
dust to at or below the applicable
standard.
Under 30 CFR 70.209(f)(3), the
operator must make a record of the
corrective actions taken. The record
must be certified by the mine foreman
or equivalent mine official, no later than
the end of the mine foreman or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.206(k)(2), upon
issuance of a citation for violation of the
applicable standard for DWPs, the
operator must immediately take
corrective action to lower the
concentration of respirable coal mine
dust to at or below the applicable
standard.

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Under 30 CFR 71.206(k)(3), the
operator must make a record of the
corrective actions taken. The record
must be certified by the mine foreman
or equivalent mine official, no later than
the end of the mine foreman or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.
Part 90 Miners
Under 30 CFR 90.207(f)(2), upon
issuance of a citation for a violation of
the applicable standard for part 90
miners, the operator must immediately
take corrective action to lower the
concentration of respirable dust to at or
below the applicable standard.
Under 30 CFR 90.207(f)(3), the
operator must make a record of the
corrective actions taken. The record
must be certified by the mine foreman
or equivalent mine official, no later than
the end of the mine foreman or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book or
electronically in a computer system,
both of which must be secure and not
susceptible to alteration. Such records
must be retained at a surface location at
the mine for at least 1 year and must be
made available for inspection by
authorized representatives of the
Secretary and the part 90 miner.
6. Abatement Activities After Corrective
Actions
i. Collecting, Certifying, and Submitting
Abatement Samples
Underground Coal Mines
Under 30 CFR 70.208(h)(4), after the
issuance of a citation for violation of the
applicable standard for MMUs and
taking correct actions, the operator must
begin sampling, within 8 calendar days
after the date the citation is issued, the
environment of the affected occupation
in the MMU on consecutive normal
production shifts until five valid
representative samples are taken.
Under 30 CFR 70.208(i)(1), a citation
for violation of the applicable standard
will be terminated by MSHA when each
of the five valid representative samples
is at or below the applicable standard,
and the operator has submitted a revised
mine ventilation plan approved by
MSHA.

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Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices
Under 30 CFR 70.209(f)(4), after the
issuance of a citation for violation of the
applicable standard for DAs and taking
correct actions, the operator must begin
sampling, within 8 calendar days after
the date the citation is issued, the
environment of the affected DA on
consecutive normal production shifts
until five valid representative samples
are taken.
Under 30 CFR 70.209(g)(1), a citation
for violation of the applicable standard
will be terminated by MSHA when each
of the five valid representative samples
is at or below the applicable standard,
and the operator has submitted a revised
mine ventilation plan approved by
MSHA.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.206(k)(4), after the
issuance of a citation for violation of the
standard for DWPs and taking corrective
actions, the operator must begin
sampling, within 8 calendar days after
the date the citation is issued, the
environment of the affected DWP on
consecutive normal work shifts until
five valid representative samples are
taken.
Under 30 CFR 71.206(l), a citation for
violation of the applicable standard will
be terminated by MSHA when the
equivalent concentration of each of the
five valid representative samples is at or
below the standard.
Under 30 CFR 71.206(g), upon
notification from MSHA that any valid
representative sample taken from a DWP
exceeds the applicable standard, the
operator must, within 15 calendar days
of notification, sample that DWP each
normal work shift until five valid
representative samples are taken. The
operator must begin sampling on the
first normal work shift following receipt
of notification.

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Part 90 Miners
Under 30 CFR 90.207(f)(2)(i), if the
corrective action involves reducing the
respirable dust levels in the work
position of the part 90 miner identified
in the citation, the operator must
implement the proposed corrective
actions and begin sampling the affected
miner within 8 calendar days after the
date the citation is issued, until five
valid representative samples are taken.
Under 30 CFR 90.207(g), a citation for
a violation of the applicable standard
must be terminated by MSHA when the
equivalent concentration of each of the
five valid representative samples is at or
below the applicable standard.

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ii. MSHA Processing Abatement
Samples and Reporting Results to Mine
Operators or Part 90 Miners
Under 30 CFR 70.211(a), MSHA will
provide the operator a report on
respirable dust samples taken from
underground locations in coal mines
and submitted. The report includes the
concentration of respirable dust, the
average equivalent concentration of
respirable dust for all valid samples, the
occupation code (where applicable), and
the reason for voiding any sample.
Under 30 CFR 71.208(a), MSHA will
provide the operator a report on
respirable dust samples taken from
surface locations in coal mines and
submitted. The report includes the
concentration of respirable dust, the
average equivalent concentration of
respirable dust for all valid samples, the
occupation code (where applicable), and
the reason for voiding any sample.
Under 30 CFR 90.209(a), MSHA will
provide the operator a report on
respirable dust samples taken from part
90 miners and submitted or transmitted
electronically, if using a CPDM.
iii. Posting Dust Data Cards and MSHA’s
Abatement Sampling Results and
Providing Copies to Part 90 Miners
Underground Coal Mines
Under 30 CFR 70.211(b), upon receipt
of MSHA’s report, the operator must
post the report with data on respirable
dust samples submitted physically or
transmitted electronically if using a
CPDM for at least 31 days on the mine
bulletin board.
Under 30 CFR 70.211(c), if using a
CPDM, the person certified in sampling
must, within 12 hours after the end of
each sampling shift, print, sign, and
post on the mine bulletin board a paper
record (Dust Data Card) of the sample
run. This hard-copy record must
include the data entered when the
sample run was first programmed and
key information such as the
concentration of respirable dust and the
shift length.
Under 30 CFR 70.211(d), the
information must remain posted until
the receipt of the MSHA report covering
these respirable dust samples.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.208(b), upon receipt
of MSHA’s report, the operator must
post the report with data on respirable
dust samples submitted physically or
transmitted electronically if using a
CPDM for at least 31 days on the mine
bulletin board.
Under 30 CFR 71.208(c), if using a
CPDM, the person certified in sampling

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22769

must, within 12 hours after the end of
each sampling shift, print, sign, and
post on the mine bulletin board a paper
record (Dust Data Card) of each sample
run. This hard-copy record must
include the data entered when the
sample run was first programmed and
key information such as the
concentration of respirable dust and the
shift length.
Under 30 CFR 71.208(d), the
information must remain posted until
the receipt of the MSHA report covering
these respirable dust samples.
Part 90 Miners
Under 30 CFR 90.209(b), upon receipt
of MSHA’s report on respirable dust
samples, the operator must provide a
copy of the report to the part 90 miner.
The operator must not post the original
or a copy of this report on the mine
bulletin board.
Under 30 CFR 90.209(c), if using a
CPDM, the person certified in sampling
must print, sign, and provide to each
part 90 miner, a paper record (Dust Data
Card) of the sample run within one hour
after the start of the part 90 miner’s next
work shift. This hard-copy record must
include the data entered when the
sample run was first programmed and
key information such as the
concentration of respirable dust, the
shift length, and the part 90 miner’s
MIIN.
Under 30 CFR 90.209(d), the operator
must not post data on respirable dust
samples for part 90 miners on the mine
bulletin board.
iv. Submitting New or Revised Mine
Ventilation Plans or Dust Control Plans
for MSHA Review
Underground Coal Mines
Under 30 CFR 70.208(i)(2), in order to
terminate a citation for violation of the
applicable standard for MMUs by
MSHA, the operator must submit to the
District Manager revised dust control
parameters as part of the mine
ventilation plan applicable to the MMU
in the citation and the changes have
been approved by the District Manager.
The revised parameters must reflect the
control measures used by the operator to
abate the violation.
Under 30 CFR 70.209(g)(2), in order to
terminate a citation for violation of the
applicable standard for DAs by MSHA,
the operator must submit to the District
Manager revised dust control
parameters as part of the mine
ventilation plan applicable to the DA in
the citation, and the changes have been
approved by the District Manager. The
revised parameters must reflect the
control measures used by the operator to
abate the violation.

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Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.300(a), within 15
calendar days after the termination date
of a citation for violation of the
applicable standard for DWPs, the
operator must submit to the District
Manager for approval a written
respirable dust control plan applicable
to the DWP identified in the citation.
The respirable dust control plan and its
revisions must be suitable to the
conditions and the mining system of the
coal mine and must be adequate to
continuously maintain respirable dust
to at or below the applicable standard at
the DWP identified in the citation.
Part 90 Miners
Under 30 CFR 90.300(a), if an
operator abates a violation of the
applicable standard by reducing the
respirable dust level in the position of
the part 90 miner, the operator must
submit to the District Manager for
approval a written respirable dust
control plan for the part 90 miner in the
position identified in the citation within
15 calendar days after the citation is
terminated. The respirable dust control
plan and its revisions must be suitable
to the conditions and the mining system
of the coal mine and must be adequate
to continuously maintain respirable
dust to at or below the applicable
standard for that part 90 miner.

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v. Notifying Miners’ Representatives of
New or Revised Mine Ventilation Plans
or Dust Control Plans and Providing
Copies
Underground Coal Mines
Under 30 CFR 75.370(a)(3)(i), the
mine operator must notify the
representative of miners at least 5 days
prior to the submission to MSHA of a
mine ventilation plan and any revision
to a mine ventilation plan. If requested,
the mine operator must provide a copy
to the representative of miners at the
time of notification. In the event of a
situation requiring immediate action on
a revision of the mine ventilation plan,
notification of the revision must be
given, and if requested, a copy of the
revision must be provided, to the
representative of miners by the operator
at the time of submittal.
Under 30 CFR 75.370(a)(3)(ii), a copy
of the proposed ventilation plan, and a
copy of any proposed revision,
submitted to MSHA for approval must
be made available for inspection by the
representative of miners.
Under 30 CFR 75.370(f)(1), the
approved ventilation plans and any
revisions must be provided upon
request to the representative of miners

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by the operator following notification of
approval from MSHA.
Under 30 CFR 75.370(f)(2), the
approved ventilation plans and any
revisions must be made available for
inspection by the representative of
miners.
Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.300(a)(1), the mine
operator must notify the representative
of miners at least 5 days prior to
submission to MSHA of a respirable
dust control plan and any revision to a
dust control plan. If requested, the mine
operator must provide a copy to the
representative of miners at the time of
notification.
Under 30 CFR 71.300(a)(2), a copy of
the proposed respirable dust control
plan, and a copy of any proposed
revision, submitted to MSHA for
approval must be made available for
inspection by the representative of
miners.
Under 30 CFR 71.301(d)(1), the
approved respirable dust control plan
and any revisions must be provided
upon request to the representative of
miners by the operator following
notification of approval from MSHA.
Under 30 CFR 71.301(d)(2), the
approved respirable dust control plan
and any revisions must be made
available for inspection by the
representative of miners.
Part 90 Miners
Under 30 CFR 90.301(d), the operator
must provide a copy of the current
respirable dust control plan to the part
90 miner. The operator must not post
the original or a copy of the plan on the
mine bulletin board.
vi. Posting New or Revised Mine
Ventilation Plans or Dust Control Plans
Underground Coal Mines
Under 30 CFR 75.370(a)(3)(iii), a copy
of the proposed ventilation plan, and a
copy of any proposed revision,
submitted to MSHA for approval must
be posted on the mine bulletin board at
the time of submittal. The proposed
plan or proposed revision must remain
posted until it is approved, withdrawn
or denied.
Under 30 CFR 75.370(f)(3), the
approved ventilation plan and any
revisions must be posted on the mine
bulletin board within 1 working day
following notification of approval from
MSHA. The approved plan and
revisions must remain posted on the
bulletin board for the period that they
are in effect.

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Surface Coal Mines and Surface Work
Areas of Underground Coal Mines
Under 30 CFR 71.300(a)(3), a copy of
the proposed respirable dust control
plan, and a copy of any proposed
revision, submitted to MSHA for
approval must be posted on the mine
bulletin board at the time of submittal.
The proposed plan or proposed revision
must remain posted until it is approved,
withdrawn, or denied.
Under 30 CFR 71.301(d)(3), the
approved respirable dust control plan
and any revisions must be posted on the
mine bulletin board within 1 working
day following notification of approval
from MSHA and must remain posted for
the period that the plan is in effect.
vii. MSHA Providing Mine Operators
With Copies of Comments on Plans
Under 30 CFR 71.300(a)(4), following
receipt of the proposed respirable dust
control plan or proposed revision, the
representative of miners may submit
timely comments to the District
Manager, in writing, for consideration
during the review process. Upon
request, a copy of these comments must
be provided to the operator by the
District Manager.
Under 30 CFR 75.370(b), following
receipt of the proposed mine ventilation
plan or proposed revision, the
representative of miners may submit
timely comments to the District
Manager, in writing, for consideration
during the review process. A copy of
these comments must also be provided
to the operator by the district manager
upon request.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection titled ‘‘Respirable Coal Mine
Dust Sampling’’. 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.

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Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices
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, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.

ddrumheller on DSK120RN23PROD with NOTICES1

III. Current Actions
This information collection request
concerns provisions for Respirable Coal
Mine Dust Sampling. MSHA has
updated the data with respect to the
number of respondents, responses, time
burden, and burden costs supporting
this information collection request from
the previous information collection
request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0011.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 701.
Frequency: On occasion.
Number of Annual Responses:
989,403.
Annual Time Burden: 69,765 hours.
Annual Other Burden Costs: $29,813.
MSHA Form: Mine Operator Dust
Data Card.
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. 2025–09592 Filed 5–28–25; 8:45 am]
BILLING CODE 4510–43–P

VerDate Sep<11>2014

19:50 May 28, 2025

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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0083]

Proposed Extension of Information
Collection: Daily Inspection of Surface
Coal Mine; Certified Person; Reports of
Inspection (Pertains to Surface Coal
Mines)
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor
(DOL), as part of its continuing effort to
reduce paperwork and respondent
burden, conducts a pre-clearance
consultation program for all information
collections, to provide the 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 titled ‘‘Daily Inspection of
Surface Coal Mine; Certified Person;
Reports of Inspection (Pertains to
Surface Coal Mines).’’
DATES: All comments must be received
on or before July 28, 2025.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
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–
2025–0016.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
• 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.
SUMMARY:

S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at

FOR FURTHER INFORMATION CONTACT:

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22771

MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile). These are not tollfree numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) as amended, 30 U.S.C. 813(h),
authorizes the Mine Safety and Health
Administration (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.
The Paperwork Reduction Act (PRA)
governs paperwork burdens imposed by
Federal agencies on the public for using
identical questions to collect
information from 10 or more persons.
Paperwork burden is defined in 44
U.S.C. 3502(2) as time, effort, or
financial resources expended to
generate, maintain, or provide
information to or for a Federal agency.
Under 44 U.S.C. 3507, policies and
procedures of information collection are
established for controlling paperwork
burdens imposed by Federal agencies on
the public, including evaluating public
comments.
B. Information Collection
To fulfill the statutory mandates to
promote miners’ health and safety,
MSHA requires information under the
information collection request (ICR)
titled ‘‘Daily Inspection of Surface Coal
Mine; Certified Person; Reports of
Inspection (Pertains to Surface Coal
Mines).’’ The information collection is
intended to be used by MSHA operators
and inspectors to ensure that corrective
actions are taken to address any hazards
found in active work areas to prevent
injuries or deaths of miners.
Surface coal mines and facilities
present a number of potential hazards.
Highwalls, mining equipment,
travelways, and the handling of mining
materials present potentially hazardous
conditions. Before daily examinations of
working areas and surface installations
were required, numerous miners lost
their lives or were seriously injured in
areas covered in the standard. The
majority of these fatalities and injuries
resulted from hazardous conditions that
were not detected and immediately

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