1219-0011 Supporting Statement 2025

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Respirable Coal Mine Dust Sampling

OMB: 1219-0011

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Respirable Coal Mine Dust Sampling

OMB Control Number: 1219-0011

OMB Expiration Date: 10/31/2025

Supporting Statement for

Respirable Coal Mine Dust Sampling

Paperwork Reduction Act Submission

This information collection request (ICR) seeks to extend, without change, a currently approved information collection.

OMB Control Number: 1219-0011

Information Collection Request Title: Respirable Coal Mine Dust Sampling

Type of OMB Review: Extension

Authority:

Part 70 - Mandatory Health Standards—Underground Coal Mines

Subpart C - Sampling Procedures

30 CFR 70.201 - Sampling; general and technical requirements

30 CFR 70.205 - Approved sampling devices; operation; air flowrate

30 CFR 70.208 - Quarterly sampling; mechanized mining units

30 CFR 70.209 - Quarterly sampling; designated areas

30 CFR 70.210 - Respirable dust samples; transmission by operator

30 CFR 70.211 - Respirable dust samples; report to operator; posting

30 CFR 70.212 - Status change reports

Part 71 - Mandatory Health Standards—Surface Coal Mines and Surface Work Areas of Underground Coal Mines

Subpart C - Sampling Procedures

30 CFR 71.201 - Sampling; general and technical requirements

30 CFR 71.205 - Approved sampling devices; operation; air flowrate

30 CFR 71.206 - Quarterly sampling; designated work positions

30 CFR 71.207 - Respirable dust samples; transmission by operator

30 CFR 71.208 - Respirable dust samples; report to operator; posting

30 CFR 71.209 - Status change reports

Subpart D - Respirable Dust Control Plans

30 CFR 71.300 - Respirable dust control plan; filing requirements

30 CFR 71.301 - Respirable dust control plan; approval by District Manager and posting

Part 75 - Mandatory Safety Standards—Underground Coal Mines

Subpart D - Ventilation

30 CFR 75.370 - Mine ventilation plan; submission and approval

Part 90 - Mandatory Health Standards—Coal Miners Who Have Evidence of the Development of Pneumoconiosis

Subpart C - Sampling Procedures

30 CFR 90.201 - Sampling; general and technical requirements

30 CFR 90.205 - Approved sampling devices; operation; air flowrate

30 CFR 90.207 - Quarterly sampling

30 CFR 90.208 - Respirable dust samples; transmission by operator

30 CFR 90.209 - Respirable dust samples; report to operator

30 CFR 90.210 - Status change reports

Subpart D - Respirable Dust Control Plans

30 CFR 90.300 - Respirable dust control plan; filing requirements

30 CFR 90.301 - Respirable dust control plan; approval by District Manager; copy to part 90 miner

Collection Instrument(s): Mine Operator Dust Data Card

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses or employ statistical methods” is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

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.

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 so that the adequacy of the respirable coal mine dust control measures can be assessed and to ensure coal miners are sufficiently protected from exposure 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 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 miners¹), 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)² and Other Designated Occupations³ (ODO) associated with each Mechanized Mining Unit (MMU), and
Each Designated Area (DA)⁴ 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)⁵ 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 can only be sampled with an approved CPDM unless notified by 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:

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-1. Recording lengths of shifts for each MMU, DWP, and part 90 miner;

I-2. Submitting dates and times of when sampling will be conducted for MSHA’s review;

I-3. Submitting samples taken for purposes other than fulfilling the sampling requirements;

I-4. Reporting changes in the status of a mine, MMU, DA, DWP, or part 90 miner that affects sampling requirements for MSHA’s review;

I-5. Recording production at underground coal mines to establish a normal production shift; and

I-6. Submitting work position lists that identify where DWP samples are collected at surface coal mines and surface work areas of underground coal mines.

CMDPSU Sampling

This component covers the information collection costs related to CMDPSU sampling, including:

II-1. Mine operators collecting, certifying, and submitting CMPDSU samples;

II-2. MSHA processing CMDPSU samples and reporting results to mine operators; and

II-3. Mine operators posting MSHA’s CMDPSU sampling results on mine bulletin boards.

CPDM Sampling

This component covers the information collection costs related to CPDM sampling, mostly at underground coal mines, including:

III-1. Mine operators collecting, certifying, and submitting CPDM samples;

III-2. MSHA processing CPDM samples and reporting results to mine operators; and

III-3. Mine operators posting CPDM Dust Data Cards and MSHA’s sampling results on mine bulletin boards.

Part 90 Miner Sampling

This component covers the information collection costs related to part 90 miner sampling, including:

IV-1. Mine operators collecting, certifying, and submitting samples from part 90 miners;

IV-2. MSHA processing samples from part 90 miners and reporting results to part 90 miners; and

IV-3. Mine operators providing part 90 miners with Dust Data Cards and MSHA’s sampling results.

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:

V-1. Recording and certifying corrective actions taken after a valid sample meets or exceeds the ECV; and

V-2. Recording and certifying corrective actions taken after a citation for violation is issued.

Abatement Activities after Corrective Actions

This component covers the information collection costs related to all abatement activities after corrective actions are taken, including:

VI-1: Mine operators collecting, certifying, and submitting abatement samples;

VI-2. MSHA processing abatement samples and reporting results to mine operators or part 90 miners;

VI-3. Mine operators posting Dust Data Cards and MSHA’s abatement sampling results, and providing copies to part 90 miners;

VI-4. Mine operators submitting new or revised mine ventilation plans or dust control plans for MSHA’s review;

VI-5. 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-6. 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.

Records related to Sampling

I-1. 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 retained for at least six 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 six 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 six months and must be made available for inspection by authorized representatives of the Secretary and submitted to the District Manager when requested in writing.

I-2. Submitting Sampling Dates and Times

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 two 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 begin. This information must be submitted at least 48 hours prior to scheduled sampling.

I-3. 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.

I-4. 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 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.

I-5. Recording Production at Underground Coal Mines

Underground Coal Mines

Under 30 CFR 70.201(g), in order 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 record must be retained for at least six months and must be made available for inspection by authorized representatives of the Secretary and the representative of miners.

I-6. 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 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.

CMDPSU Sampling

II-1. 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.

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 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 filer 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 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-2. 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.

II-3. 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.

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.

CPDM Sampling

III-1. 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 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 71.207(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.

III-2. 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 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-3. 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 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.

Part 90 Miner CPDM Sampling

IV-1. 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 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.

IV-2. 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.

IV-3. 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.

Recording and Certifying Corrective Actions

V-1. 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 70-1⁶ 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.

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 71-1⁷ 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 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(c)(2), when a valid representative sample meets or exceeds the ECV in Table 90-1⁸ 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.

V-2. 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 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

standard 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.

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.

Abatement Activities after Corrective Actions

VI-1. 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 corrective 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.

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.

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.

VI-2. 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. to the part 90 miner.

VI-3. 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(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(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(d), the operator must not post data on respirable dust samples for part 90 miners on the mine bulletin board.

VI-4. 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.

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.

VI-5. 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 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 75.370(f)(2), the approved ventilation plan 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-6. 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.

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.

VI-7. 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.

Below is a breakdown of the sampling components and paperwork burden covered in this PRA.

Cost Bearer	Paperwork Cost	30 CFR Section
I. Records related to Sampling
Mine operators	I-1. Recording lengths of shifts	70.201(e) 71.201(d) 90.201(f)
Mine operators	I-2. Submitting sampling dates and times	70.201(f) 71.201(e) and (f) 90.201(g)
MSHA	I-2. Reviewing sampling dates and times	70.201(f) 71.201(e) and (f) 90.201(g)
Mine operators	I-3. Submitting samples taken for purposes other than fulfilling the sampling requirements	70.210(d) 71.207(d) 90.208(d)
Mine operators	I-4. Reporting status changes	70.212(a) 71.209(a) 90.210
MSHA	I-4. Reviewing status changes	70.212(a) 71.209(a) 90.210
Mine operators	I-5. Recording production at underground coal mines	70.201(g)
Mine operators	I-6. Submitting work position lists of DWP samples at surface coal mines and surface work areas of underground coal mines	71.206(d)
II. CMDPSU Sampling
Mine operators	II-1. Collecting, certifying, and submitting CMDPSU samples
	II-1-1. Sampling frequency	70.201(a) 70.201(b)(1) 70.201(b)(2) 71.201(a) 70.209(a) 71.206(a)
	II-1-2. Notating Dust Data Cards	70.205(b)(2) 71.205(b)(2) 71.206(e)
	II-1-2. Notating Dust Data Cards
	II-1-3. Certifying Dust Data Cards	70.210(c) 71.207(c)
	II-1-3. Certifying Dust Data Cards
	II-1-4. Submitting CMDPSU samples	70.210(a) 71.207(a)
MSHA	II-2. MSHA processing CMDPSU samples and reporting results to mine operators	70.211(a) 71.208(a)
Mine operators	II-3. Posting MSHA’s CMDPSU sampling results	70.211(b) 71.208(b)
III. CPDM Sampling
Mine operators	III-1. Collecting, certifying, and submitting CPDM samples
	III-1-1. Sampling frequency	70.201(a) 70.201(b)(1) 70.208(a) 70.201(b)(2) 71.201(a)
	III-1-2. Certifying and submitting CPDM samples	70.210(c) 70.210(f) 71.207(f) 71.207(c)
MSHA	III-2. MSHA processing CPDM samples and reporting results to mine operators	70.211(a) 71.208(a)
Mine operators	III-3. Posting CPDM Dust Data Cards and MSHA’s sampling results	70.211(b)-(d) 71.208(b)-(d)
IV. Part 90 Miner Sampling
Mine operators	IV-1. Collecting, certifying, and submitting sample from part 90 miners
	IV-1-1. Sampling frequency	90.201(a) 90.207(a)
	IV-1-2. Notating Dust Data Cards	90.205(b)(2)
	IV-1-3. Certifying Dust Data Cards	90.208(c)
	IV-1-4. Submitting part 90 Samples	90.208(f)
MSHA	IV-2. MSHA processing samples from part 90 miners and reporting results to mine operators	90.209(a)
Mine operators	IV-3. Providing part 90 miners with Dust Data Cards and MSHA’s sampling results	90.209(b)-(d)
V. Recording and Certifying Corrective Actions
Mine operators	V-1. Recording and certifying corrective actions after a valid sample meets or exceeds the ECV	70.208(e)(3) 70.209(c)(3) 71.206(h)(3) 90.207(c)(3)
Mine operators	V-2. Recording and certifying corrective actions after a citation for violation is issued	70.208(h)(3) 70.209(f)(3) 71.206(k)(3) 90.207(f)(3)
VI. Abatement Activities after Corrective Actions
Mine operators	VI-1. Collecting, certifying, and submitting abatement samples
	VI-1-1. Sampling frequency	70.208(h)(4) 70.209(f)(4) 71.206(k)(4) 71.206(g) 90.207(f)(2)(i)
	VI-1-2. Notating dust data cards	70.205(b)(2) 71.205(b)(2) 71.206(e) 90.205(b)(2)
	VI-1-3. Certifying dust data cards	70.210(c) 71.207(c) 90.208(c)
	VI-1-4. Submitting abatement samples	70.210(a), (c), (f) 71.207(a), (c), (f) 90.208(a), (c), (f)
MSHA	VI-2. MSHA processing abatement samples and reporting results to mine operators	70.211(a) 71.208(a) 90.209(a)
Mine operators	VI-3. Posting Dust Data Cards and MSHA’s abatement sampling results and providing part 90 miners with copies	70.211(b)-(d) 71.208(b)-(d) 90.209(b)-(d)
Mine operators	VI-4. Submitting new and revised mine ventilation plans or dust control plans	70.208(i)(2), 70.209(g)(2), 71.300(a) 90.300(a)
MSHA	VI-4. Reviewing new and revised mine ventilation plans or dust control plans	70.208(i)(2), 70.209(g)(2), 71.300(a) 90.300(a)
Mine operators	VI-5. Notifying miners’ representatives of new or revised mine ventilation plans or dust control plans and providing copies
	VI-5-1. Copying new or revised mine ventilation plans or dust control plans	75.370(a)(3)(i) 75.370(f)(1) 71.300(a)(1) 71.301(d)(1) 90.301(d)
	VI-5-2. Making available new or revised mine ventilation plans or dust control plans	75.370(a)(3)(ii) 75.370(f)(2) 71.300(a)(2) 71.301(d)(2)
Mine operators	VI-6. Posting new and revised mine ventilation plans or dust control plans	75.370(a)(3)(iii) 75.370(f)(3) 71.300(a)(3) 71.301(d)(3)
MSHA	VI-7. Providing mine operators with copies of comments made on new or revised mine ventilation plans or dust control plans	71.300(a)(4) 75.370(b)

Coal mine operators’ burden and costs associated with recordkeeping and reporting requirements of respirable crystalline silica standards are included in a separate information collection request under OMB Control Number 1219-0156 titled “Respirable Crystalline Silica Standard”.

Coal mine operators’ burden and costs associated with recordkeeping and reporting requirements of miner training are included in a separate information collection request under OMB Control Number 1219-0009 titled “Training Plans and Records of Training, for Underground Miners and Miners Working at Surface Mines and Surface Areas of Underground Mines”.

Coal mine operators’ burden and costs associated with recordkeeping and reporting requirements of ventilation plan are included in a separate information collection request under OMB Control Number 1219-0088 titled “Ventilation Plans, Tests, and Examinations in Underground Coal Mines”.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

After MSHA processes samples submitted by operators, the Agency uses the collected information to report sample results to mine operators. Mine operators provide miners notification of sampling results by posting them on the mine bulletin board or providing part 90 miners with copies of the results.

The records required for respirable coal mine dust sampling assist mine operators, miners, and regulators in determining the adequacy of the respirable coal mine dust control measures used to meet MSHA’s applicable dust standards. This information is used to protect miners from exposure to excessive levels of respirable coal mine dust.

The information provided by the mine operator is vital to the effective administration of a mine’s respirable coal mine dust control program and allows the operator and MSHA to assess the programs’ effectiveness. MSHA uses the information to determine which operators are complying with required sampling requirements and dust standards, and which operators fail to protect miners from excessive dust concentrations and thus need to take appropriate measures to lower respirable dust levels in the mine atmosphere. The samples’ results enable the Agency to effectively evaluate the adequacy of a coal mine operator’s respirable dust control measures, identify mine operators for targeted enforcement activities, and plan and undertake health initiatives.

In addition, mine operators must submit respirable dust control plans and revisions for MSHA approval and, after MSHA approval, must comply with such plans. The requirement to post the plan, or to provide a copy of the plan to the affected part 90 miner, allows affected miners to acquaint themselves with the types and locations of dust control measures that are required to be used and maintained to control respirable coal mine dust. MSHA inspectors use the plan to determine if the mine operator is complying with plan provisions and to assess the plan’s continued effectiveness in maintaining compliance with the applicable respirable coal mine dust standards.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

No improved information technology has been identified that would reduce the existing burden for mine operators using CMDPSU for respirable coal mine dust sampling. 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 recorded on the Dust Data Card provides important details about the sample: when and where it was collected, production conditions in effect during sampling, and who was responsible for certifying that it was properly collected. Consequently, this information collection technique does not lend itself to electronic submission. However, mine operators currently submit a large percentage of sampling dates (required under section 30 CFR 70.201(f), 71.201(e), and 90.201(g)), status change reports (required under section 70.212(a), 71.209(a), ^and^90.210),
and^respi^r^able^dust^c^ontrol^p^laⁿ^s⁽required under section ^71.300^and^90.30⁰^{)
electronically.}

Electronic technology is used to reduce the burden for mine operators using CPDMs for respirable coal mine dust sampling. Mine operators using CPDMs for respirable coal mine dust sampling typically download their sampling data to a computer, transmit the data electronically to MSHA, and print out the data for posting on the mine bulletin board for interested parties to review. Electronic transmission of the CPDM data reduces errors related to transcribing the data and ensures that the data have not been altered. In addition, a quick assessment of sample results from the CPDM provides operators and miners with data that allows for immediate action to prevent miners from being overexposed to respirable coal mine dust. After downloading and transmitting the sampling data to MSHA, mine operators can store this information electronically.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

No similar or duplicate information is available or submitted to MSHA. MSHA is not aware of other federal, state, or local agency that collects similar information on dust samples required for compliance purposes, or that collects similar information on respirable dust control plans.

5. If the collection of information impacts small businesses or other small entities describe any methods used to minimize burden.

The information collection provisions apply to all mine operators, both large and small. Congress intended that the Secretary enforce the law at all mining operators within the Agency’s jurisdiction regardless of size and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Mine Act. [S. Rep. No. 95-181 (1977)]. Section 103(e) of the Mine Act, 30 U.S.C. 813(e), directs the Secretary not to impose an unreasonable burden on small businesses when obtaining any information under the Mine Act. MSHA considered the burden on small mines when developing the collection and believes that these information collection requirements are imposed on all mining operators and do not have a significant impact on a substantial number of small business or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Given that mining conditions are dynamic, the air to which miners are exposed must be monitored on a routine basis to ensure that it is free of excessive dust to prevent the development of black lung disease. Therefore, the Mine Act and MSHA standards require specific occupations, areas, miners, and work locations to be sampled by mine operators every 3 months (quarterly). Less frequent monitoring of the quality of the mine air that miners breathe would provide an inadequate indication of the dust conditions to which miners are normally exposed. This would increase the likelihood that excessive dust conditions would go undetected. Consequently, the health of miners would be adversely impacted if excessive dust concentrations could not be detected and reduced.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

Requiring respondents to report information to the agency more often than quarterly;

Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of the request;

Requiring respondents to submit more than an original and two copies of any document;

Requiring respondents to retain records (other than health, medical, government contract, grant-in-aid, or tax records) for more than three years;

In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

Requiring the use of a statistical data classification that has not been approved by OMB;

That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

Requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

Under 30 CFR 70.208, 70.209, 71.206, and 90.207, coal mine operators must sample and submit sample information to MSHA on a quarterly basis. In addition, under 30 CFR 70.208(h)(4), 70.209(f)(4), 71.206(k)(4), and 90.207(f)(2)(i), each mine operator must submit abatement samples following issuance of a citation, to demonstrate that the mine is free of excessive dust concentrations and in compliance with mandatory dust exposure levels. Also, when a change occurs – in the operational status of a mine, MMU, DA, DWP, or part 90 miner – affecting the sampling requirements of 30 CFR parts 70, 71, and 90, this change must be reported in writing to the MSHA District Office within three working days after the status change has occurred, in accordance with 30 CFR 70.212(a), 71.209(a), and 90.210. Proper notification prevents MSHA from taking unnecessary enforcement actions against mine operators for failing to submit the required number of dust samples during a sampling period.

Once adopted by the mine operator, for the DWP or part 90 miner in the position identified in a citation, a respirable dust control plan must remain in effect for the life of the surface coal mine or surface work area of an underground coal mine, for the time that the part 90 miner remains in the position, or until the MSHA District Manager determines that the plan is no longer necessary. MSHA-approved respirable dust control plans provide the basis for MSHA to determine if 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.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with parties outside the agency to obtain their views on the availability of data; the frequency of collection; clarity of instructions and recordkeeping, disclosure, or reporting format (if any); and the data elements to be recorded, disclosed, or reported.

Consultation with representatives – of those from whom information is to be obtained or those who must compile records – should occur at least once every three years, even if the information collection activity is the same as prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

In accordance with 5 CFR 1320.8(d), MSHA will publish the proposed information collection requirements in the Federal Register, notifying the public that these information collection requirements are being reviewed in accordance with the Paperwork Reduction Act of 1995, and providing 60 days for the public to submit comments. MSHA published a 60-day Federal Register notice on May 29, 2025 (90 FR 22762). MSHA received no comments.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

MSHA does not provide payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There is no assurance of confidentiality provided to respondents. However, all records pertaining to part 90 miners are kept confidential and stored in locked cabinets at applicable District Offices and accessed only by authorized individuals. For the information collected under parts 70, 71, and 90 entered into MSHAs data storage system, MSIS, only authorized persons have access to the information in this system. A request for MSHA records containing mine operator responses would be processed in accordance with the provisions of the Freedom of Information Act, 5 U.S.C. 522, and its attendant DOL regulations, 29 CFR part 70.

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).

11. Provide additional justification for questions of a sensitive nature – such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed, agencies should not conduct special surveys to obtain information estimating the base hour-burden. Consultation with a sample (fewer than 10) of potential respondents is preferable. If the hour-burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

Provide separate hour burden estimates for each form and aggregate the hour burdens, if this request covers more than one form.

Provide annualized cost estimates to respondents for the burden hours associated with information collections, identifying and using appropriate wage rate categories.

The cost of contracting out, or paying outside parties, for information collection activities should not be included here. Instead, this cost should be included in Item 13.

In this section, an estimate is provided for the annual burden of 701 active producing coal mines (157 underground, 344 surface, 200 facility) based on a 12-month average ending on September 30, 2024. All information related to quantities and inspection rates are estimated by MSHA’s Headquarters Enforcement Division based on field experience with different types of mining operations, sizes of mines, and the frequency of inspections dictated by statute. Mine operators provide MSHA Headquarters Enforcement Division the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.

Wage Rate Determinations⁹

MSHA uses data from the May 2023 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates^¹⁰ and adjusts the rates for benefits,^¹¹ wage inflation,^¹² and overhead costs.¹³ The occupations listed below in Table 12-1 are those that were determined to be relevant for the cost calculations.

Table 12-1. Hourly Wage Rates

		A	B	C	D	A x B x C x D
Occupation	NAICS Code	Mean Hourly Wage Rate	Benefits Multiplier	Inflation Multiplier	Overhead Cost Multiplier	Loaded Hourly Wage Rate
Supervisor [a]	212100	$52.49	1.461	1.037	1.01	$80.32
Clerk [b]	212100	$21.79	1.461	1.037	1.01	$33.35
Certified Person [c]	212100	$37.37	1.461	1.037	1.01	$57.18
Miner [d]	212100	$36.60	1.461	1.037	1.01	$56.00

Notes:

Benefit Multiplier – MSHA uses the latest 4-quarter moving average 2023Qtr3 - 2024Qtr2 to determine that 31.6 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.461= 1 + (0.316/(1-0.316)).

Inflation Multiplier – The inflation multiplier is determined by using the employment price index from the most current quarter data is available, 2024Q2, divided by the base year and quarter of the OEWS employment and wage statistics, 2023Q2, for private industry workers in construction, extraction, farming, fishing, and forestry occupations, current dollar index.

Inflation Multiplier – The inflation multiplier is 1.037 = 163.1/157.3.

Overhead Multiplier – MSHA uses the overhead multiplier of 1.01.

[a] The Standard Occupation Codes (SOCs) used for this occupation is (47-1011, 49-1011, 51-1011, 53-1047).

[b] The SOCs used for this occupation is (43-3031, 43-6014, 43-9061).

[c] The SOCs used for this occupation is (47-5022, 47-5041, 47-5043, 47-5044, 47-5081, 49-3031, 49-9043, 49-9071, 51-9021, 53-7011), the 75th percentile of wages is used to reflect advanced experience and knowledge.

[d] The SOCs used for this occupation is (47-5022, 47-5041, 47-5043, 47-5044, 47-5081, 49-9043, 49-9071, 51-9021, 53-7011).

Hour Burden

Records Related to Sampling

I-1. Recording Lengths of Shifts

Under 30 CFR 70.201(e), 71.201(d) and 90.201(f), operator must make a record showing the length of each production shift for each MMU, normal work shift for each DWP, and each shift for each part 90 miner, respectively, retain the records for at least six months, and make the records available for inspection by MSHA and, except in the case of part 90 miners, by the miners’ representatives. The records are conducted separately for anthracite coal mines, underground coal mines, and surface coal mines.¹⁴

Anthracite Coal Mines

An estimated 450 production shifts, in one of seven small anthracite coal mines (each anthracite mine with one MMU each and 1‑19 employees), are sampled with the CMDPSU annually. All other MMU and part 90 dust samples are taken with the CPDM.

Underground Coal Mines

Annually, MSHA estimates that there are approximately 99 active producing MMUs at 150 non-anthracite underground coal mines. The numbers of MMUs are: 4 MMUs in mines with 1‑19 employees, 76 MMUs in mines with 20‑500 employees, and 19 MMUs in mines with 501+ employees. MSHA estimates that the average number of shifts per day is 1 in mines with 1‑19 employees and 2 in mines with 20 or more employees. Also, MSHA estimates that the number of workdays per year is: 200 in mines with 1‑19 employees, 300 in mines with 20‑500 employees, and 350 in mines with 501+ employees. MSHA estimates that approximately 99 percent of DWP shifts are not sampled annually or 59,103 MMU shifts (4 MMU X 1 shift per day X 200 workdays in mines with 1‑19 employees, 76 MMU X 2 shifts per days X 300 workdays in mines with 20‑500 employees, 19 MMU X 2 shifts per day X 350 workdays in mines with 501+ employees, a total of 59,700 shifts per year. The number of unsampled MMU shifts 59,103 = 59,700 x 0.99 percent of unsampled).

Table 12-2A. Estimated Shifts at Underground Coal Mines

Mine Size	MMUs	Shifts per Day	Workdays per Year	Shifts Per Year	Percent Not Sampled	Shifts Not Sampled
1-19 Employees	4	1	200	800	99%	792
20-500 Employees	76	2	300	45,600	99%	45,144
501+ Employees	19	2	350	13,300	99%	13,167
Total				59,700		59,103

Surface Coal Mines

MSHA estimates that the numbers of DWPs at surface coal mines and surface work areas of underground coal mines are: 420 DWPs in mines with 1‑19 employees, 604 DWPs in mines with 20‑500 employees, and 38 DWPs in mines with 501+ employees. MSHA estimates that the number of shifts per day is 1 in mines with 1‑19 employees and 2 in mines with 20 or more employees. Also, MSHA estimates that the number of workdays per year is: 250 in mines with 1‑19 employees, 300 in mines with 20‑500 employees, and 350 in mines with 501+ employees. MSHA estimates that approximately 99 percent of DWP shifts are not sampled annually or 489,060 DWP shifts (420 DWP X 1 shift per day X 250 workdays in mines with 1‑19 employees, 640 DWP X 2 shifts per days X 300 workdays in mines with 20‑500 employees, 38 DWP X 2 shifts per day X 350 workdays in mines with 501+ employees, a total of 494,000 shifts per year. The number of unsampled DWP shifts 489,060 = 494,000 x 0.99 percent of unsampled).

Table 12-2B. Estimated Shifts at Surface Coal Mines

Mine Size	DWPs	Shifts per Day	Workdays per Year	Shifts Per Year	Percent Not Sampled	Shifts Not Sampled
1-19 Employees	420	1	250	105,000	99%	103,950
20-500 Employees	604	2	300	362,400	99%	358,776
501+ Employees	38	2	350	26,600	99%	26,334
Total				494,000		489,060

MSHA estimates that 701 active producing coal mines will record lengths of shift for unsampled shifts: 157 underground mines including 7 anthracite mines, and 544 surface mines and facilities. The anthracite mines report 450 MMU shifts, 150 non-anthracite underground mines reporting 59,103 MMU shifts, and 544 surface mines reporting 489,060 DWP shifts that are not sampled. Together MSHA estimates that, annually, the number of shifts where coal mine operators will need to record shift lengths under 30 CFR 70.201(e), 71.201(d), and 90.201(f) when sampling does not occur are 548,613 shifts.

MSHA estimates that it takes a miner, earning $56.00 per hour, one minute to record a shift length for an MMU, DWP or part 90 miner. The annual burden hours and costs for underground and surface coal mines are shown below.

Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Recording Lengths of Shifts (30 CFR 70.201(e), 71.201(d), and 90.201(f))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Shift Lengths)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Recording Shift Lengths at Anthracite Mines (Miner)	7	64	450	0.02	7.50	$56.00	$420.01
Recording Shift Lengths at Underground Mines (Miner)	150	394	59,103	0.02	985.05	$56.00	$55,163.98
Recording Shift Lengths at Surface Mines (Miner)	544	899	489,060	0.02	8,151.00	$56.00	$456,465.75
Total (Rounded)	701		548,613		9,144		$512,050

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

I-2. Submitting Sampling Dates and Times

Upon request from the District Manager, under 30 CFR 70.201(f), 71.201(e), and 90.201(g), a mine operator must submit in advance the dates and times when sampling will be conducted. Additionally, at surface work areas of underground coal mines and at surface coal mines, operators can make a written request under 30 CFR 71.201(f) asking the District Manager to waive the rain restriction for a normal work shift.

MSHA anticipates requesting and receiving 360 sampling schedules of date and time per year from some of the 701 active coal mines and expects very few written requests to waive the rain restriction for a normal work shift. MSHA estimates that it takes a mine supervisor, earning $80.32 per hour, 20 minutes to prepare a quarterly sampling schedule. MSHA estimates that it takes a clerk, earning $33.35 per hour, 10 minutes to type and either mail, fax, or transmit electronically the schedule to the MSHA District Office. Annual burden hours and costs are shown below.

Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Submitting Sampling Dates and Times (30 CFR 70.201(f), 71.201(e) and (f), and 90.201(g))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Sampling Dates and Times)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Submitting Sampling Dates and Times (Supervisor)	701	0.51	360	0.33	120.00	$80.32	$9,638.02
Submitting Sampling Dates and Times (Clerk)	701	0.51	360	0.17	60.00	$33.35	$2,000.98
Total (Rounded)	701	1.07	360		180		$11,639

Note: The total number of respondents and responses does not correspond to the sum of rows because different respondents work on the same record. The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

I-3. Submitting Samples Taken for Purposes other than Fulfilling the Sampling Requirements

Under 30 CFR 70.210(d), 71.207(d), and 90.208(d), an operator sample that is submitted to MSHA is considered to be taken to fulfill the sampling requirements of parts 70, 71, and 90, respectively, unless the sample has been identified in writing by the operator to the District Manager that it is to be used for another purpose.

It is very rare that an operator submits a sample for reasons other than compliance with parts 70, 71, and 90, for purposes of this collection. However, MSHA estimates that there will be one occurrence annually and that it takes a mine supervisor, earning $80.32 per hour, five minutes to notify the District Manager in writing of the intent to submit samples for reasons other than compliance. Annual burden hours and costs are shown below.

Table 12-4. Estimated Annual Respondent Hour and Cost Burden, Submitting Samples Taken for Purposes other than Fulfilling the Sampling Requirements (30 CFR 70.210(d), 71.207(d), and 90.208(d))

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Samples)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Total Burden Cost

Submitting Samples for Other Purposes (Supervisor)

701

0.001

0.08

$80.32

$6.69

Total (Rounded)

701

0.00

0.08

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

I-4. Reporting Status Changes

When a change occurs in the operational status of a mine, MMU, DA, DWP, or part 90 miner that affects the sampling requirements of 30 CFR parts 70, 71, and 90, the change must be reported in writing to the MSHA District Office within three working days after the status change has occurred in accordance with 30 CFR 70.212(a), 71.209(a), and 90.210.

MSHA anticipates receiving 1,950 status change reports annually. MSHA estimates that it takes a mine supervisor, earning $80.32 per hour, 5 minutes to prepare a status change report, and a clerk, earning $33.35 per hour, 10 minutes to type and transmit by mail or electronically the report to MSHA. Annual burden hours and costs are shown below.

Table 12-5. Estimated Annual Respondent Hour and Cost Burden, Reporting Status Changes (30 CFR 70.212(a), 71.209(a), and 90.210)

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Status Changes)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Reporting Status Changes (Supervisor)	701	2.78	1,950	0.08	162.50	$80.32	$13,051.48
Reporting Status Changes (Clerk)	701	2.78	1,950	0.17	325.00	$33.35	$10,838.63
Total (Rounded)	701		1,950		488		$23,890

Notes: The total number of respondents and responses does not correspond to the sum of rows because different respondents work on the same record. Also, the number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

I-5. Recording Production at Underground Coal Mines

Under 30 CFR 70.201(g), an underground coal mine operator must record the amount of run‑of‑mine material produced by each MMU during each shift. Production data are used 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. The operator must retain production records at least six months and make them available for inspection by authorized representatives of the Secretary and the miners’ representative.

All underground mines are required to record the shift production to establish a normal production shift when they transmit the CPDM samples or mail in the CMDPSU samples. Otherwise, the system automatically voids the sample.

MSHA estimates that there are 22 MMUs at underground coal mines with 1‑19 employees. Since nearly all small mines operate one shift per day, MSHA assumes that on average, mines with 1‑19 employees operate one shift per day (or 22 shifts per day). MSHA estimates that material produced is not recorded for 90 percent of these shifts, or approximately 20 shifts per day (22 shifts x 90 percent = 20 shifts per day). MSHA assumes that the annual number of workdays is 250 days in mines with 1‑19 employees, resulting in a total of 5,000 shifts per year that are not recorded (= 20 shifts per day x 200 days).

In addition, MSHA estimates that 404 MMUs at underground coal mines with 20‑500 employees operate 2 shifts per day (or 808 shifts per day). MSHA estimates that material produced is not recorded for 75 percent of these daily shifts, or 606 shifts (808 shifts x 75 percent = 606 shifts per day). MSHA assumes that the annual number of workdays is 300 days in mines with 20‑500 employees, resulting in a total of 181,800 shifts per year that are not recorded (= 606 shifts per day x 300 days).

Finally, all mines with 501+ employees are assumed to already record the amount of material produced. The total number of unrecorded shifts is 186,800 (= 5,000 at mines with 1‑19 employees + 181,800 at mines with 20‑500 employees).

Tabel 12-6A. Estimated Production Shifts in Underground Mines

Mine Size	MMUs	Shifts Per Day	Shifts	Percent of Shifts Not Recorded	Working Days per Year	Shifts per Year (Rounded)
1-19 Employees	22	1	22	90%	250	5,000
20-500 Employees	404	2	808	75%	300	181,800
501+ Employees				0%		0
Total						186,800

MSHA assumes that it takes a mine supervisor, earning $80.32 per hour, 5 minutes to record the material produced for each shift. Annual burden hours and hour burden costs are shown below.

Table 12-6. Estimated Annual Respondent Hour and Cost Burden, Recording Production in Underground Coal Mines (30 CFR 70.201(g))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Production Records)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Recording Production (Supervisor)	157	1,183	186,800	0.08	15,566.67	$80.32	$1,250,265.21
Total (Rounded)	157		186,800		15,567		$1,250,265

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

I-6. Submitting Work Position Lists of DWP Samples at Surface Coal Mines and Surface Work Areas of Underground Coal Mine

Under 30 CFR 71.206(d), operators of surface coal mines and underground coal mines with surface work areas must provide the MSHA District Manager with a list identifying the specific work positions where DWP samples are collected.

MSHA estimates that there are 554 surface coal mines with DWPs (309 mines with 1‑19 employees, 241 mines with 20‑500 employees, and 4 mines with 501+ employees). MSHA further estimates that there are 56 underground coal mines with surface areas that have DWPs (4 mines with 1‑19 employees, 45 mines with 20‑500 employees, and 7 mines with 501+ employees).

MSHA assumes that 10 percent of these mines, or 61 mines (6 underground coal mines and 55 surface coal mines), will update their list annually.

Tabel 12-7A. Estimated Number of DWPs in Surface Coal Mines and Surface Areas of Underground Coal Mines

	Mines w/ DWPs
Mine Size	Surface Coal Mines	Underground Mines with Surface Areas	Total Mines w/ DWPs	Percent of Mines Updating Annually	Total Mines Updating Annually (Rounded)
1-19 Employees	309	4	313	10%	31
20-500 Employees	241	45	286	10%	29
501+ Employees	4	7	11	10%	1
Total	554	56	610	10%	61

MSHA estimates that it takes a supervisor, earning $80.32 per hour, 12 minutes to prepare the list. MSHA estimates that it takes a clerk, earning $33.35 per hour, 12 minutes to prepare and send the list to MSHA. Annual burden hours and hour burden costs are shown below.

Table 12-7. Estimated Annual Respondent Hour and Cost Burden, Submitting Work Position Lists of DWP Samples at Surface Coal Mines and Surface Areas of Underground Coal Mines (30 CFR 71.206(d))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Position Lists)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Submitting Position Lists (Supervisor)	61	1	61	0.20	12.20	$80.32	$978.87
Submitting Position Lists (Clerk)	61	1	61	0.20	12.20	$33.35	$406.87
Total (Rounded)	61		61		24		$1,387

Notes: The total number of respondents and responses does not correspond to the sum of rows because different respondents work on the same record. Also, the total number of respondents does not correspond to the sum of respondents from each row because different respondents work on the same record.

CMDPSU Sampling

II-1. Collecting, Certifying, and Submitting CMDPSU Samples

Under 30 CFR 70.210(a) and 71.207(a), if using a CMDPSU, the operator must transmit, within 24 hours after each sampling shift, all samples collected to fulfill the requirements of parts 70 and 71. Under 30 CFR 70.210(c) and 71.207(c), a person certified in sampling must properly complete and sign the Dust Data Card provided by the manufacturer for each filter cassette.

The recordkeeping burden for 30 CFR 70.210(c) and 71.207(c) concerning completing the Dust Data Card includes the burden for sections 70.205(b)(2), 71.205(b)(2), and 71.206(e) concerning notations on the Dust Data Card. MSHA assumes that any notations required to be made on the Dust Data Card can be made at the time the Dust Data Card is completed. Under 30 CFR 70.205(b)(2) and 71.205(b)(2), if using the CMDPSU and the proper flow rate was not maintained during a sampled shift, 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 flow rate 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 be noted on the back of the Dust Data Card. Under 30 CFR 71.206(e), if a normal work shift is not achieved on the sampled shift, 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 taken on a normal work shift. MSHA assumes that any notations required to be made on the Dust Data card can be made at the time the Dust Data Card is completed.

These CMDPSU samples consist of DA samples from underground coal mines as required by 30 CFR 70.201(b)(2) and DWP samples from surface coal mines and surface work areas of underground coal mines. These samples also include optional DO and ODO sampling with a CMDPSU in underground coal mines as required by 30 CFR 70.201(a) and (b)(1) when approved by the District Manager.

Each year, MSHA estimates that there are 6,050 CMDPSU sample and Dust Data Card submissions (5,830 related to outby DAs and 220 related to DWPs) from underground coal mines and 4,385 from surface coal mines, based on twelve months of data ending September 2018. The number of total submissions is 10,435 (= 6,261 from underground mines + 4,385 from surface mines). These submissions of CMDPSU samples and Dust Data Cards must be validated, certified, and transmitted electronically to MSHA. These samples do not include samples taken from part 90 miners.

MSHA estimates that 60 percent of Dust Data Card submissions are electronic, and 40 percent physical. Hence, the number of e-submissions is 6,261 (= 10,435 x 60%) and the number of physical submissions is 4,174 (= 10,435 x 40%).

Table 12-8A. Estimated Dust Data Cards in Underground and Surface Coal Mines

Type of Mine	Dust Data Cards	Percent Submitted Electronically	Percent Submitted Physically	Number of Electronic Submissions	Number of Physical Submissions
Underground	6,050	60%	40%	3,630	2,420
Surface	4,835	60%	40%	2,631	1,754
Total	10,435			6,261	4,174

MSHA assumes that 60 percent of coal mines, 421 mines (= 701 active coal mines x 60 percent) submit samples with Dust Data Cards electronically, and the remaining 40 percent (280 mines) submit physically.

MSHA estimates that it takes a certified person (normally the mine safety inspector or an equivalent person, such as a roof bolter), earning $57.18 per hour, 5 minutes 30 seconds (or 5.5 minutes) to prepare and send one physical CMDPSU sample to MSHA, while the Dust Data Card will be transmitted to MSHA electronically. MSHA also estimates that it takes a certified person 6 minutes to prepare and send one physical sample with the physical Dust Data Card to MSHA.

After the Dust Data Card has been filled out, a certified person signs the card which includes that person’s MIIN on the card. MSHA estimates that it takes a supervisor, earning $80.32 per hour, 1 minute 30 seconds (or 1.5 minutes) to complete and sign the physical Dust Data Card.

Table 12-8. Estimated Annual Respondent Hour and Cost Burden, Submitting CMDPSU Samples (30 CFR 70.205(b)(2), 71.205(b)(2), 71.206(e), 70.210(a) and (c), and 71.207(a) and (c))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (CMDPSU Samples)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Submitting CMDPSU Samples (Certified Person)
Electronic Submissions	421	15	6,261	0.09	573.93	$57.18	$32,181.56
Physical Submissions	280	15	4,174	0.10	417.40	$57.18	$23,868.05
Signing Dust Data Cards (Supervisor)
Physical Submissions	280	15	4,174	0.03	104.35	$80.32	$8,381
Total (Rounded)	701		10,435		1,096		$65,068

Notes: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded. Also, the total number of respondents and responses does not correspond to the sum of rows because different respondents work on the same record.

II-3. Posting MSHA’s CMDPSU Sampling Results

After processing the CMDPSU samples, MSHA sends a report, containing the sampling data, to the operator. Under 30 CFR 70.211(b) and 71.208(b), mine operators are required to post MSHA’s report with the sampling data on the mine bulletin board upon receiving the report.

MSHA estimates that it takes a clerk, earning $33.35 per hour, 6 minutes to copy and post MSHA’s report on the mine bulletin board for 10,435 sample submissions in 701 active coal mines.

Table 12-9. Estimated Annual Respondent Hour and Cost Burden, Posting MSHA’s CMDPSU Sampling Results (30 CFR 70.211(b) and 71.208(b))

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (CMDPSU Results)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Total Burden Cost

Posting MSHA’s Reports (Clerk)

701

14.89

10,435

0.10

1,043.50

$33.35

$34,800.33

Total (Rounded)

701

10,435

1,044

$34,800

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

CPDM Sampling

III-1. Collecting, Certifying, and Submitting CPDM Samples

Under 30 CFR 70.210(c) and (f) and 71.207(c) and (f), when operators use CPDMs to sample DOs and ODOs, it is required that a certified person must validate, certify, and electronically transmit to MSHA – within 24 hours after the end of each sampling shift – the sample information collected and stored in the CPDM.

These CPDM samples consist of DO and ODO samples in underground coal mines as required by 30 CFR 70.201(a) and (b)(1). These samples also include optional DA samples in underground coal mines as required by 30 CFR 70.201(b)(2) and DWP samples in surface coal mines and surface work areas of underground coal mines as required by paragraph 71.201(a) when approved by the District Manager.

MSHA estimates that 113,950 CPDM samples must be validated, certified, and transmitted by certified persons to MSHA within 24 hours after the end of each sampling shift annually. These samples do not include samples taken from part 90 miners. MSHA estimates that it takes a certified person, earning $57.18 per hour, six minutes to validate, certify, and upload the CPDM data to a computer, then transmit them electronically to MSHA.

Table 12-10. Estimated Annual Respondent Hour and Cost Burden, Submitting CPDM Samples (30 CFR 70.210(c) and (f) and 71.207 (c) and (f))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (CPDM Samples)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Submitting CPDM Samples (Certified Person)	701	726	113,950	0.10	11,395	$57.18	$651,596.54
Total (Rounded)	701		113,950		11,395		$651,597

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

III-3. Posting CPDM Dust Data Cards and MSHA’s Sampling Results

Under 30 CFR 70.211(b) and 71.208(b), the operator must post sampling data from the MSHA report on the mine bulletin board.

Under 30 CFR 70.211(c) and 71.208(c), a person certified in sampling must print, sign, and post – on the mine bulletin board within 12 hours after the end of each sampling shift – a paper record (Dust Data Card) of the sample run, also called the hard copy record.

Under 30 CFR 70.211(c) and 71.208(c), the paper record (Dust Data Card) of the sample run must include the data entered when the sample run was first programmed and the following:

the mine identification number;
the location within the mine from which the sample was taken;
the concentration of respirable dust, expressed as an equivalent concentration, reported and stored for each sample;
sampling status conditions encountered for each sample; and
the shift length.

This information is included on the Dust Data Card that is printed from the CPDM. MSHA expects that a copy of the printout will be posted to satisfy the requirements of those provisions.¹⁵

MSHA estimates that it takes a certified person, earning $57.18 per hour, 10 minutes to print, sign, and post a CPDM Dust Data Card. MSHA estimates that it takes a clerk, earning $33.35 per hour, 6 minutes to copy and post MSHA’s report. Annual burden hours and costs are shown below for 113,950 submissions from underground mines.

Table 12-11. Estimated Annual Respondent Hour and Cost Burden, Posting CPDM Dust Data Cards and MSHA’s Sampling Results (30 CFR 70.211(b) and (c) and 71.208(b) and (c))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (CPDM Results)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Posting Dust Data Cards (Certified Person)	701	726	113,950	0.17	18,991.67	$57.18	$1,085,994.23
Posting MSHA's Reports (Clerk)	701	726	113,950	0.10	11,395.00	$33.35	$380,018.90
Total (Rounded)	701		113,950		30,387		$1,466,013

Notes: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded. Also, the total number of respondents does not correspond to the sum of respondents from each row because different respondents work on the same record.

Under 30 CFR 70.201(j), an anthracite mine operator must notify the District Manager in writing of its decision to not use a CPDM. Anthracite mines usually use the CMDPSU to sample and do not need to notify MSHA.

Part 90 Miner Sampling

IV-1. Collecting, Certifying, and Submitting Samples from Part 90 Miners

Under 30 CFR 90.208(f), within 24 hours after the end of each sampling shift, a person certified in sampling must validate, certify, and electronically transmit to MSHA the sampling information collected and stored in the CPDM. Mine operators can only use an approved CPDM for sampling for part 90 miners at surface and underground coal mines, unless notified by the Secretary to continue to use an approved CMDPSU to conduct quarterly sampling. The sample must be signed by the certified person and must include that person’s MIIN, as required in 30 CFR 90.208(c).

MSHA assumes that there are 70 CPDM samples of part 90 miners submitted annually by some of the 701 active coal mines (both surface and underground coal mines), and no CMDPSU samples are submitted. MSHA estimates that it takes a certified person, earning $57.18 per hour, 6 minutes per sample to validate, certify, and upload the sampling data from a CPDM to a computer, and then transmit them electronically to MSHA.

Table 12-12. Estimated Annual Respondent Hour and Cost Burden, Submitting CPDM Samples of Part 90 Miners (30 CFR 90.208(c) and (f))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Part 90 Samples)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Submitting Samples of Part 90 Miners (Certified Person)	701	0.1	70	0.10	7.00	$57.18	$400.28
Total (Rounded)	701		70		7		$400

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

IV-3. Providing Part 90 Miners with Dust Data Cards and MSHA’s Sampling Results

Under 30 CFR 90.209(b), the operator must provide a copy of the MSHA report of sampling data received by the operator under 30 CFR 90.209(a) to part 90 miners. In addition, under 30 CFR 90.209(c), when using a CPDM, operators must print, sign, and provide each part 90 miner a paper record (Dust Data Card) of the sampling run, also called the hard copy record. The hard-copy record must include the data entered when the sample run was first programmed and the following:

the mine identification number;
the location within the mine from which the samples were taken;
the concentration of respirable dust, expressed as an equivalent concentration reported and stored for each sample;
the sampling status conditions encountered for each sample;
the shift length; and
the part 90 miner’s MIIN.

For shifts where sampling does not occur, records of shift length are developed for each shift worked by a part 90 miner under 30 CFR 90.201(f), see I-1. Recording Lengths of Shift. For sampled shifts, separate records of the shift length are created in the paper record (Dust Data Card) of the sample run under 30 CFR 90.209(c). Only the burden for recording lengths of sampled shifts is accounted for here.

MSHA estimates that there will be 70 samples of part 90 miners annually. MSHA estimates that it takes a certified person, earning $57.18 per hour, 10 minutes to print, sign, and provide a CPDM Dust Data Card to each part 90 miner. MSHA estimates that it takes a clerk, earning $33.35 per hour, 3 minutes to copy and provide a MSHA’s report to a part 90 miner.

Table 12-13. Estimated Annual Respondent Hour and Cost Burden, Providing Part 90 Miners with Dust Data Cards and MSHA’s Sampling Results (30 CFR 90.209(b) and (c))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Copies)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Providing Part 90 Miners with Dust Data Cards (Certified Person)	701	0.1	70	0.17	11.67	$57.18	$667.13
Providing Part 90 Miners with MSHA's Reports (Clerk)	701	0.1	70	0.05	3.50	$33.35	$116.72
Total (Rounded)	701		140		15		$784

Under 30 CFR 90.201(j), an anthracite mine operator must notify the District Manager in writing of its decision to not use a CPDM. Anthracite mines usually use a CMDPSU to sample and do not need to notify MSHA.

Recording and Certifying Corrective Actions

V-1. Recording and Certifying Corrective Actions After a Valid Sample Meets or Exceeds the ECV

For MMUs under 30 CFR 70.208(e)(3) and DAs under 30 CFR 70.209(c)(3) at underground coal mines, DWPs under 30 CFR 71.206(h)(3) at surface mines, and part 90 miners under 30 CFR 90.207(c)(3), when a valid representative sample taken in accordance with parts 70, 71, or 90 meets or exceeds the specified ECV, 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.

Using 12 months of data ending October 2018, MSHA developed an annual estimate of 359 corrective action records at underground coal mines and 23 corrective action records at surface coal mines, a total of 382 records of corrective action after a sample meeting or exceeding the specified ECV.

MSHA estimates that it takes a supervisory person, earning $80.32 per hour, 12 minutes to make a record of corrective actions and certify the record. In addition, MSHA assumes that it takes a mine foreman or equivalent mine official, earning a supervisory hourly wage rate, 12 minutes to certify the record. Annual burden hours and costs are shown below.

Table 12-14. Estimated Annual Respondent Hour and Cost Burden, Recording and Certifying Corrective Actions After a Sample Meets or Exceeds the ECV (30 CFR 70.208(e)(3), 70.209(c)(3), 71.206(h)(3), and 90.207(c)(3))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Corrective Actions)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Corrective Actions in Underground Mines (Supervisor)	157	2.29	359	0.20	71.80	$80.32	$5,766.75
Corrective Actions in Surface Mines (Supervisor)	544	0.04	23	0.20	4.60	$80.32	$369.46
Total (Rounded)	701		382		76		$6,136

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

V-2. Recording and Certifying Corrective Actions After a Citation for Violation is Issued

Upon the issuance of a citation for violation, the operator must immediately take corrective actions to lower the concentration of respirable dust, a record of the corrective actions must be made and certified under 30 CFR 70.208(h)(3) and 70.209(f)(3) for underground coal mine operators, 30 CFR 71.206(k)(3) for surface coal mine operators, and 30 CFR 90.207(f)(3) for part 90 miners.

Using 12 months of data ending October 2018, MSHA developed an annual estimate of 128 corrective action records at underground coal mines and 13 corrective action records at surface coal mines, a total of 141 corrective action records after receiving a citation for violation.

MSHA estimates that it takes a supervisory person, earning $80.32 per hour, 12 minutes to make a record of corrective actions and certify the record. In addition, MSHA assumes that it takes a mine foreman or equivalent mine official that certifies the record, earning $80.32 per hour, 12 minutes to certify the record. Annual burden hours and costs are shown below.

Table 12-15. Estimated Annual Respondent Hour and Cost Burden, Recording and Certifying Corrective Actions After a Citation for Violation is Issued (30 CFR 70.208(h)(3), 70.209(f)(3), 71.206(k)(3), and 90.207(f)(3))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Corrective Actions)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Corrective Actions in Underground Mines (Supervisor)	157	0.82	128	0.20	25.60	$80.32	$2,056.11
Corrective Actions in Surface Mines (Supervisor)	544	0.02	13	0.20	2.60	$80.32	$208.82
Total (Rounded)	701		141		28		$2,265

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

Abatement Activities After Corrective Actions

VI-1. Collecting, Certifying, and Submitting Abatement Samples

After the issuance of a citation for violation of the applicable standard and taking correct actions, the operator must begin sampling the environment of the affected occupation in the MMU under 30 CFR 70.208(h)(4), the environment of the affected DA under 70.209(f)(4), the environment of the affected DWP under 71.206(k)(4), on consecutive normal production shifts until five valid representative samples are taken.

When a sample meets or exceeds the ECV, the operator must sample the DWP each normal work shift until five valid representative samples are taken under 30 CFR 71.206(g). When a corrective action is taken to reduce the respirable dust levels in the work position of the part 90 miner identified in a citation, the operator is required to implement the proposed corrective actions and begin sampling the affected miner until five valid representative samples are taken under 30 CFR 90.207(f)(2)(i).

Requirements for certifying Dust Data Cards are specified in 30 CFR 70.210(c), 71.207(c), and 90.208(c). Under 30 CFR 70.210(a), 71.207(a), and 90.208(a), if using a CMDPSU, the operator must transmit all samples collected to fulfill the requirements of parts 70 and 71. Under 30 CFR 70.210(c) and 71.207(c), a person certified in sampling must properly complete the Dust Data Card provided by the manufacturer for each filter cassette. Under 30 CFR 70.210(f), 71.207(f), and 90.208(f), if using a CPDM, a person certified in sampling must validate, certify, and electronically transmit to MSHA all sample data file information collected and stored in the CPDM.

Underground coal mine operators are assumed to conduct DO and ODO abatement sampling using CPDMs and DA abatement sampling using CMDPSUs, unless notifying the District Manager in writing of alternative sampling methods. Surface coal mine operators are assumed to conduct DWP abatement sampling using CMDPSUs unless notifying the District Manager in writing of alternative sampling methods.

MSHA estimates there are 204 physical Dust Data Card submissions from CMDPSUs and 642 submissions from CPDMs, a total of 846 submissions.

When Using a CMDPSU

When abatement sampling is conducted with the CMDPSU, the sample, the control filter, and the completed Dust Data Card must be mailed to MSHA. MSHA estimates that it takes a certified person, earning $57.18 per hour, six minutes to complete and send the Dust Data Card with the sample physically to MSHA. MSHA further estimates that it takes a supervisory person, earning $80.32 per hour, 1 minute 30 seconds (or 1.5 minutes) to review and sign the physical Dust Data Card, which includes that person’s MIIN.

When Using the CPDM

When conducting abatement sampling with the CPDM, the sampling information is transmitted electronically, and no mailing occurs. Coal mine operators are required to only use the CPDM for part 90 miner sampling. MSHA does not expect that surface coal mine operators will be issued a citation for a part 90 sample result and therefore no abatement sampling will occur for part 90 miners at surface coal mines. MSHA estimates that it takes a certified person, earning $57.18 per hour, six minutes to validate, certify, and upload the CPDM abatement sampling data to a computer and then transmit the data electronically to MSHA. Annual burden hours and costs are shown below.

Table 12-16. Estimated Annual Respondent Hour and Cost Burden, Submitting CMDPSU and CPDM Abatement Samples (30 CFR 70.208(h)(4), 70.209(f)(4), 71.206(k)(4), 71.206(g), and 90.207(f)(2)(i))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Abatement Samples)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Submitting CMDPSU Samples
Submitting Dust Data Cards (Certified Person)	701	0.29	204	0.10	20.40	$57.18	$1,166.53
Signing Physical Dust Data Cards (Supervisor)	701	0.29	204	0.03	5.10	$80.32	$409.62
Submitting CPDM Samples
Transmitting Dust Data Cards (Certified Person)	701	0.92	642	0.10	64.20	$57.18	$3,671.13
Total (Rounded)	701		846		90		$5,247

VI-3. Posting Dust Data Cards and MSHA's Abatement Sampling Reports and Providing Part 90 Miners with Copies

Under 30 CFR 70.211(b) and 71.208(b), the operator must post sampling data from the MSHA report on the mine bulletin board. Under 30 CFR 90.209(b), operators must provide copies of the MSHA report to part 90 miners. Under 30 CFR 70.211(c) and 71.208(c), a person certified in sampling must print, sign, and post a Dust Data Card of the CPDM sample run on the mine bulletin board within 12 hours after the end of each sampling shift. Under 30 CFR 90.209(c), the person certified in sampling must print, sign, and provide the Dust Data Card of the sample run to each part 90 miner within one hour after the start of the part 90 miner’s next work shift.

MSHA estimates there are 204 Dust Data Card submissions from CMDPSUs and 642 submissions from CPDMs, a total of 846 submissions. MSHA estimates that it takes a clerk, earning $33.35 per hour, six minutes to copy and post Dust Data Card and MSHA’s sampling reports. MSHA estimates that it takes the same amount of time to provide a copy of the MSHA report and Dust Data Card of the sample run to the part 90 miner as it does to post the MSHA report on the mine bulletin board.

Table 12-17. Estimated Annual Respondent Hour and Cost Burden, Posting Dust Data Cards and MSHA’s Abatement Sampling Results and Providing Part 90 Miners with Copies (30 CFR 70.211(b) and (c), 71.208(b) and (c), and 90.209(b) and (c))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Sampling Results)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Posting and Providing MSHA Reports (Clerk)	701	1.21	846	0.10	84.60	$33.35	$2,821.38
Total (Rounded)	701		846		85		$2,821

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

VI-4. Submitting New or Revised Mine Ventilation Plans or Dust Control Plans

Under 30 CFR 70.208(i)(2), a citation for violation of the applicable standard must be terminated by MSHA when:

the operator has submitted the new and 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.

Under 30 CFR 70.209(g)(2), a citation for violation of the applicable standard must be terminated by MSHA when:

the operator has submitted the new and 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.

Under 30 CFR 71.300(a), the operator must submit a written respirable dust control plan applicable to the DWP identified in the citation to the District Manager for approval within 15 calendar days after the termination date of a citation for violation of the applicable standard.

Under 30 CFR 90.300(a) if an operator abates a violation of the applicable standard by reducing the respirable dust level in the area 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.

MSHA estimates that there are 141 corrective actions taken after the issuance of a citation for violation. The number of new and revised mine ventilation plans or respirable dust control plans is equal to the number of citations.

MSHA estimates that it takes a supervisor, earning $80.32 per hour, 15 minutes to make mine ventilation plan revisions or develop or revise dust control plans. Also, MSHA estimates that it takes a clerk, earning $33.35 per hour, 15 minutes to prepare and send the material to MSHA. Annual burden hours and burden hour costs are shown below.

Table 12-18. Estimated Annual Respondent Hour and Cost Burden, Submitting New or Revised Mine Ventilation Plans or Dust Control Plans (30 CFR 70.208(i)(2), 70.209(g)(2), 71.300(a), and 90.300(a))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Plans)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Developing or Revising Plans (Supervisor)	701	0.20	141	0.25	35.25	$80.32	$2,831.17
Developing or Revising Plans (Clerk)	701	0.20	141	0.25	35.25	$33.35	$1,175.57
Total (Rounded)	701		141		71		$4,007

VI-5. Notifying Miners’ Representatives of New or Revised Mine Ventilation Plans or Dust Control Plans and Providing Copies

Operators are required to notify the miner’s representatives of mine ventilation plan revisions, or new and revised dust control plans and, if requested, provide the representative with a copy of the plan, and proposed and approved plan revisions under 30 CFR 75.370(a)(3)(i) and (f)(1) for underground coal mines, and 30 CFR 71.300(a)(1) and 71.301(d)(1) for surface coal mines. Under 30 CFR 90.301(d), the operator must provide a copy of the current respirable dust control to the part 90 miner. The approved ventilation and any revisions must be made available for inspection by the representative of miners as required in 30 CFR 75.370(a)(3)(ii), 75.370(f)(2), 71.300(a)(2) and 71.301(d)(2).

MSHA assumes that the number of notifications is 141, equal to the number of citations. MSHA estimates that it takes a clerk, earning $33.35 per hour, 15 minutes to notify and provide a copy of the plan or plan revisions to the representative of miners or the part 90 miner. Annual burden hours and costs are shown below.

Table 12-19. Estimated Annual Respondent Hour and Cost Burden, Notifying Miners’ Representatives of New or Revised Plans and Providing Part 90 Miners with Copies (30 CFR 75.370(a)(3)(i) and (f)(1), 71.300(a)(1) and 71.301(d)(1), and 90.301(d))

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Notifications)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Total Burden Cost

Notifying and Providing Copies of Plans (Clerk)

701

0.20

141

0.25

35.25

$33.35

$1,175.57

Total (Rounded)

701

141

$1,176

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

VI-6. Posting New or Revised Mine Ventilation Plans or Dust Control Plans

Operators must post a copy of the proposed and approved mine ventilation plan or revisions under 30 CFR 75.370(a)(3)(iii) and (f)(3) for underground coal mines; and post a copy of the proposed dust control plan and any revisions under 30 CFR 71.300(a)(3) and the approved plan and any revisions under 30 CFR 71.301(d)(3) and (e) for surface coal mines.

MSHA assumes that the number of notifications is 141, equal to the number of citations issued. MSHA estimates that it takes a clerk, earning $33.35 per hour, 15 minutes to copy and post a new or revised plan. Annual burden hours and costs are shown below.

Table 12-20. Estimated Annual Respondent Hour and Cost Burden, Posting New or Revised Mine Ventilation Plans or Dust Control Plans (30 CFR 75.370(a)(3)(iii) and (f)(3), 71.300(a)(3) and 71.301(d)(3))

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Plans)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Total Burden Cost

Posting Plans (Clerk)

701

0.20

141

0.25

35.25

$33.35

$1,175.57

Total (Rounded)

701

141

$1,176

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

Hour Burden Summary

MSHA estimates that the 701 respondents (active coal mine operators) would incur, on average, an annual burden of 69,765 with an associated annual cost of $4,040,727. The annual respondent hour and cost burden of this information collection are summarized in the table below.

Table 12-21. Estimated Annualized Respondent Hour and Cost Burden, Summary

Table	Activity	30 CFR	Number of Respondents	Total Responses	Total Burden (Hours)	Total Burden Cost
	I. Records Related to Sampling
12-2	I-1. Recording Lengths of Shifts	70.201(e) 71.201(d) 90.201(f)	701	548,613	9,143.55	$512,049.73
12-3	I-2. Submitting Sampling Dates and Times	70.201(f) 71.201(e) and (f) 90.201(g)	701	360	180.00	$11,639.00
12-4	I-3. Submitting Samples Taken for Purposes other than Fulfilling the Sampling Requirements	70.210(d) 71.207(d) 90.208(d)	701	1	0.08	$6.69
12-5	I-4. Reporting Status Changes	70.212(a) 71.209(a) 90.210	701	1,950	487.50	$23,890.11
12-6	I-5. Recording Production at Underground Coal Mines	70.201(g)	157	186,800	15,566.67	$1,250,265.21
12-7	I-6. Submitting work position lists of DWP samples at surface coal mines and surface work areas of underground coal mines	71.206(d)	61	61	24.40	$1,386.73
	Subtotal I (Rounded)		701	737,785	25,402	$1,799,237

	Activity	30 CFR	Number of Respondents	Total Responses	Total Burden (Hours)	Total Burden Cost
	II. CMDPSU Sampling
12-8	II-1. Collecting, Certifying, and Submitting CMDPSU Samples	70.205(b)(2) 71.205(b)(2) 71.206(e) 70.210(a) and (c) 71.207(a) and (c)	701	10,435	1,095.68	$65,067.67
12-9	II-3. Posting MSHA’s CMDPSU Sampling Results	70.211(b) 71.208(b)	701	10,435	1,043.50	$34,800.33
	Subtotal II (Rounded)		701	20,870	2,139	$99,868

	Activity	30 CFR	Number of Respondents	Total Responses	Total Burden (Hours)	Total Burden Cost
	III. CPDM Sampling
12-10	III-1. Collecting, Certifying, and Submitting CPDM Samples	70.210(c) and (f) 71.207(c) and (f)	701	113,950	11,395.00	$651,596.54
12-11	III-3. Posting CPDM Dust Data Cards and MSHA’s Sampling Results	70.211(b) and (c) 71.208(b) and (c)	701	113,950	30,386.67	$1,466,013.13
	Subtotal III (Rounded)		701	227,900	41,782	$2,117,610

	Activity	30 CFR	Number of Respondents	Total Responses	Total Burden (Hours)	Total Burden Cost
	IV. Part 90 Miners CPDM Sampling
12-12	IV-1. Collecting, Certifying, and Submitting Samples from Part 90 Miners	90.208(c) and (f)	701	70	7.00	$400.28
12-13	IV-3. Providing Part 90 Miners with Dust Data Cards and MSHA's Sampling Results	90.209(b) and (c)	701	140	15.17	$783.85
	Subtotal IV (Rounded)		701	210	22	$1,184

	Activity	30 CFR	Number of Respondents	Total Responses	Total Burden (Hours)	Total Burden Cost
	V. Recording and Certifying Corrective Actions
12-14	V-1. Recording and Certifying Corrective Actions After a Valid Sample Meets or Exceeds the ECV	70.208(e)(3) 70.209(c)(3) 71.206(h)(3) 90.207(c)(3)	701	382	76.40	$6,136.21
12-15	V-2. Recording and Certifying Corrective Actions Taken After a Citation for Violation is Issued	70.208(h)(3) 70.209(f)(3) 71.206(k)(3) 90.207(f)(3)	701	141	28.20	$2,264.93
	Subtotal V (Rounded)		701	523	105	$8,401

	Activity	30 CFR	Number of Respondents	Total Responses	Total Burden (Hours)	Total Burden Cost
	VI. Abatement Activities after Corrective Actions
12-16	VI-1. Collecting, Certifying, and Submitting Abatement Samples	70.208(h)(4) 70.209(f)(4) 71.206(k)(4) 71.206(g) 90.207(f)(2)(i)	701	846	89.70	$5,247.27
12-17	VI-3. Posting Dust Data Cards and MSHA’s Abatement Sampling Results and Providing Part 90 Miners with Copies	70.211(b) and (c) 71.208(b) and (c) 90.209(b) and (c)	701	846	84.60	$2,821.38
12-18	VI-4. Submitting New or Revised Mine Ventilation Plans or Dust Control Plans	70.208(i)(2) 70.209(g)(2) 71.300(a) 90.300(a)	701	141	70.50	$4,006.74
12-19	VI-5. Notifying Miners’ Representatives of New or Revised Mine Ventilation Plans or Dust Control Plans and Providing Copies	75.370(a)(3)(i) 75.370(f)(1) 71.300(a)(1) 71.301(d)(1) 90.301(d)	701	141	35.25	$1,175.57
12-20	VI-6. Posting New or Revised Mine Ventilation Plan or Dust Control Plans	75.370(a)(3)(iii) 75.370(f)(3) 71.300(a)(3) 71.301(d)(3)	701	141	35.25	$1,175.57
	Subtotal VI (Rounded)		701	2,115	315	$14,427

	Total (Rounded)		701	989,403	69,765	$4,040,727

Note: The total number of respondents does not correspond to the sum of respondents from each row because different respondents work on the same record.

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

Records Related to Sampling

I-2. Submitting Sampling Dates and Times

Annually, MSHA estimates that 360 sampling schedules are submitted by underground and surface coal mine operators, of which 10 percent (36 sampling schedules) are submitted by mail. The remaining sampling schedules are submitted electronically. The average postage for the operator to mail a sampling schedule is $0.45. Annual mailing costs are shown below.

Table 13-1. Estimated Annual Respondent or Recordkeeper Cost Burden, Mailing Sampling Dates and Times (30 CFR 70.201(f), 71.201(e) and (f), and 90.201(g))

Activity

Number of Responses

(Sampling Dates)

Unit Cost

Number of Units per Recordkeeper

Cost to Recordkeepers

Mailing Sampling Dates and Times

$0.45

$16.20

Total (Rounded)

$16

I-4. Reporting Status Changes

Annually, MSHA estimates that 1,950 status change reports in a mine, MMU, DA, DWP or part 90 miner that affects sampling requirements are submitted by underground and surface coal mine operators, of which 10 percent (195 status change reports) are submitted by mail. The remaining status change reports are submitted electronically. Annual mailing costs are shown below. The average postage for the operator to report changes in the operational status is $0.45.

Table 13-2. Estimated Annual Respondent or Recordkeeper Cost Burden, Mailing Status Changes (30 CFR 70.212(a), 71.209(a), and 90.210)

Activity	Number of Responses (Status Changes)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Mailing Status Changes	195	$0.45	1	$87.75
Total (Rounded)	195			$88

I-6. Submitting Work Position Lists of DWP Samples at Surface Coal Mines and Surface Work Areas of Underground Coal Mine

Under 30 CFR 71.206(d), operators must provide the District Manager with a list identifying the specific work positions where DWP samples will be collected. MSHA estimates $1 per mine to mail the list to MSHA.

MSHA assumes that 554 surface coal mines and 56 underground coal mines with surface areas have DWPs. MSHA assumes that 10 percent of these mines will update their lists annually (55 surface coal mines and 6 underground coal mines). MSHA assumes that 10 percent of these mines, or round up to 7 coal mines, are assumed to update by mail (6 surface coal mines and 1 underground coal mine). Annual mailing costs are estimated to be $1.00.

Table 13-3. Estimated Annual Respondent or Recordkeeper Cost Burden, Mailing Position Lists of DWPs at Surface Coal Mines and Underground Coal Mines with Surface Areas (30 CFR 71.206(d))

Activity	Number of Responses (Position Lists)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Mailing Position Lists of DWP Samples	7	$1.00	1	$7.00
Total (Rounded)	7			$7

CMDPSU Sampling

II-1. Collecting, Certifying, and Submitting CMDPSU Samples

Under 30 CFR 70.210(a) and 71.207(a), each CMDPSU sample must be transmitted to MSHA with a completed Dust Data Card. All 10,435 CMDPSU samples are submitted by mail, some include Dust Data Cards if mailed. MSHA estimates $1 per sample to mail samples for all mines. Annual mailing costs are shown below.

Table 13-4. Estimated Annual Respondent or Recordkeeper Cost Burden, Mailing CMDPSU Samples with Dust Data Cards (30 CFR 70.210(a) and 71.207(a))

Activity	Number of Responses (CMDPSU Samples)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Mailing CMDPSU Samples	10,435	$1.00	1	$10,435.00
Total (Rounded)	10,435			$10,435

II-3. Posting MSHA’s CMDPSU Sampling Results

After processing the CMDPSU samples, MSHA sends a report with the sampling data results to the operator. Upon receiving the report, operators are required to post the data on the mine bulletin board under 30 CFR 70.211(b) and 71.208(b). MSHA estimates that a one-page copy costs $0.15 per report for 10,435 CMDPSU samples. Annual costs for are shown below.

Table 13-5. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying MSHA’s CMDPSU Sampling Results (30 CFR 70.211(b) and 71.208(b))

Activity	Number of Responses (CMDPSU Results)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Copying MSHA’s CMDPSU Sampling Reports	10,435	$0.15	1	$1,565.25
Total (Rounded)	10,435			$1,565

CPDM Sampling

III-1. Collecting, Certifying, and Submitting CPDM Samples

Under 30 CFR 70.210(f) and 71.207(f), CPDM samples must be transmitted electronically to MSHA. Hence, there is no cost burden to respondents or record keepers for submitting CPDM samples.

III-3. Posting CPDM Dust Data Cards and MSHA’s Sampling Reports

Under 30 CFR 70.211(b) the operator must post sampling data from the MSHA report on the mine bulletin board. Under 30 CFR 70.211(c), a person certified in sampling must print, sign, and post on the mine bulletin board within 12 hours after the end of each sampling shift a paper record (Dust Data Card) of the sampling run.

MSHA estimates the copy cost per report and paper record (Dust Data Card) is $0.15. Annual copy costs for 113,950 CPDM samples at underground mines are shown below.

Table 13-6. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying CPDM Dust Data Cards and MSHA’s Sampling Results (30 CFR 70.211(b) and (c) and 71.208(b) and (c))

Activity

Number of Responses

(CPDM Results)

Unit Cost

Number of Units per Recordkeeper

Cost to Recordkeepers

Copying CPDM Dust Data Cards and MSHA's Sampling Reports

113,950

$0.15

$17,092.50

Total (Rounded)

113,950

$17,093

Part 90 Miner Sampling at All Coal Mines

IV-1. Collecting, Certifying, and Submitting Samples from Part 90 Miners

Under 30 CFR 90.208(f), CPDM samples must be transmitted electronically to MSHA. Hence, there is no cost burden to respondents or record keepers for submitting CPDM samples.

IV-3. Providing Part 90 Miners with Dust Data Cards and Sampling Results

Under 30 CFR 90.209(b), the operator must provide a copy of the MSHA report of sampling data received by the operator under 30 CFR 90.209(a) to part 90 miners. Under 30 CFR 90.209(c), operators must provide the CPDM paper record (Dust Data Card) to part 90 miners.

MSHA estimates 70 CPDM samples of part 90 miners annually, and that it costs $0.15 to make a copy of each MSHA’s report and Dust Data Card. Annual costs are shown below.

Table 13-7. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying Dust Data Cards and MSHA's Sampling Results of Part 90 Miners (30 CFR 90.209(b) and (c))

Activity	Number of Responses (CPDM Results)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Copying Dust Data Cards and MSHA's Sampling Reports of Part 90 Miners	70	$0.15	1	$10.50
Total (Rounded)	70			$11

Abatement Activities After Corrective Actions

VI-1. Collecting, Certifying, and Submitting Abatement Samples

Mine operators must complete and sign Dust Data Cards and transmit the cards with the abatement samples to MSHA, as required under 30 CFR 70.210(a), (c) and (f) for underground coal mines, 71.207(a), (c) and (f) for surface coal mines and surface work areas of underground coal mines, and 90.208(a) and (f) for part 90 miners.

MSHA assumes that dust sampling in surface coal mines and at DA of underground coal mines will be conducted with the CMDPSU. When abatement sampling is conducted with the CMDPSU, the sample must be mailed with a completed Dust Data Card to MSHA.

In underground coal mines, MSHA expects abatement samples will be taken with the CPDM. CPDM samples are transmitted electronically, and no mailing occurs. Thus, there are no mailing costs related to abatement sampling for underground coal operators.

MSHA estimates that, for 204 Dust Data Card submissions from CMDPSU, it will cost a mine $1 to mail a set of abatement samples to MSHA.

Table 13-8. Estimated Annual Respondent or Recordkeeper Cost Burden, Mailing Dust Data Cards and CMDPSU Abatement Samples (30 CFR 70.210(a), (c) and (f), 71.207(a), (c) and (f), and 90.208(a), (c) and (f))

Activity	Number of Responses (CMDPSU Samples)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Mailing Dust Data Cards and CMDPSU Abatement Samples	204	$1.00	1	$204.00
Total (Rounded)	204			$204

VI-3. Posting Dust Data Cards and MSHA’s Abatement Sampling Results and Providing Part 90 Miners with Copies

Operators are required to post sampling data from the MSHA report and the Dust Data Card of the sample run under 30 CFR 70.211(b) and (c), respectively, at underground coal mines; and under 30 CFR 71.208(b) and (c), respectively, at surface coal mines and surface work areas of underground coal mines. Under 30 CFR 90.209(b), operators must provide the part 90 miner a copy of the MSHA report. Under 30 CFR 90.209(c), the Dust Data Card must be provided to the part 90 miner.

MSHA estimates that it costs $0.15 per copy for the MSHA report and CPDM Dust Data Card. Annual copy costs for copying and posting 846 abatement sampling results are shown below.

Table 13-9. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying Dust Data Cards and MSHA’s Abatement Sampling Reports (30 CFR 70.211(b) and (c), 71.208(b) and (c), and 90.209(b) and (c))

Activity	Number of Responses (Abatement Samples)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Copying Dust Data Cards and MSHA’s Abatement Sampling Reports	846	$0.15	1	$126.90
Total (Rounded)	846			$127

VI-4. Submitting New or Revised Mine Ventilation Plans or Dust Control Plans

To terminate a citation for a violation of the respirable dust standard at underground coal mines, the operator must have submitted revised dust control parameters as part of the mine ventilation plan, applicable to the MMU at underground coal mines in the citation under 30 CFR 70.208(i)(2), and applicable to the DA at underground coal mines in the citation under 30 CFR 70.209(g)(2). At surface work areas of underground coal mines and at surface coal mines, 30 CFR 71.300(a) requires that within 15 calendar days after the termination date of a citation for violation of the applicable standard at a surface coal mine, the operator must submit to the District Manager for approval a written respirable dust control plan. 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.

MSHA estimates that there are 141 corrective action records after a citation for violation and 141 associated new or revised mine ventilation plan revisions or dust control plans submitted for MSHA to review and approve. MSHA estimates that a new plan or plan revision will be two pages, copy costs will be $0.15 per page, and postage will be $1.00, for a total cost per revision of $1.30 per revision to be submitted to MSHA. Annual costs are shown below.

Table 13-10. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying for Submitting New and Revised Mine Ventilation Plans or Dust Control Plans (30 CFR 70.208(i)(2), 70.209(g)(2), 71.300(a), and 90.300(a))

Activity	Number of Responses (Plans)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Copying for Submitting Plans	141	$1.30	1	$183.30
Total (Rounded)	141			$183

VI-5. Notifying Miners’ Representatives of New or Revised Mine Ventilation Plans or Dust Control Plans and Providing Copies

Under 30 CFR 75.370(a)(3)(i), underground coal mine operators must notify the representative of miners at least five days prior to submission of a mine ventilation plan and any revisions and, if requested, provide a copy to the representative of miners at the time of notification. Under 30 CFR 75.370(f)(1), upon request, the operator must provide a copy of the approved mine ventilation plan and any revisions to the representative of miners. Under 30 CFR 71.300(a)(1), operators of underground coal mines with surface work areas, and operators of surface coal mines must notify the representative of miners at least five days prior to submission of a dust control plan and any revisions. Under 30 CFR 71.301(d)(1), upon request, the operator must provide to the representative of miners a copy of the approved dust control plan and any revisions. Under 30 CFR 90.301(d) the operator must provide a copy of the current respirable dust control plan to the part 90 miner.

MSHA estimates that there are 141 mine ventilation plan revisions or new or revised dust control plans submitted for MSHA to review and approve. MSHA estimates that a plan or plan revision will be, on average, two pages and copy costs are $0.15 per page. MSHA assumes that all miners’ representatives will request a copy of the plan revisions. The number of notifications is equal to the number of citations that will result in new or revised plans at 141 corrective action records after a citation of violation. Annual copy costs are shown below.

Table 13-11. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying for Notifying Miners’ Representatives of New and Revised Mine Ventilation Plans or Dust Control Plans and Providing Copies (30 CFR 75.370(a)(3)(i) and (f)(1), 71.300(a)(1) and 71.301(d)(1), and 90.301(d))

Activity	Number of Responses (Plans)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Copying for Notifying Miners’ Representatives of Plans and Providing Copies	141	$0.30	1	$42.30
Total (Rounded)	141			$42

VI-6. Posting New or Revised Mine Ventilation Plans or Dust Control Plans

A proposed ventilation plan and any revisions under 30 CFR 75.370(a)(3)(iii) and a proposed dust control plan and any revisions under 30 CFR 71.300(a)(3) that are submitted for approval must be posted on the mine bulletin board at the time of submittal. The approved mine ventilation plan under 30 CFR 75.370(f)(3) and the approved dust control plan under 30 CFR 71.301(d) must be posted.

MSHA estimates that there are 141 new or revised mine ventilation plan revisions or dust control plans submitted for MSHA to review and approve. MSHA estimates that a plan or revision will be on average two pages and copy costs are $0.15 per page. Annual copy costs are shown below.

Table 13-12. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying for Posting New or Revised Mine Ventilation Plans or Dust Control Plans (30 CFR 71.300(a)(3), 75.370(a)(3)(iii) and (f)(3), and 71.301(d)(3))

Activity	Number of Responses (Plans)	Unit Cost	Number of Units per Recordkeeper	Cost to Recordkeepers
Copying for Posting Plans	141	$0.30	1	$42.30
Total (Rounded)	141			$42

Cost Burden to Respondents or Recordkeepers Summary

The annual cost burden to respondents or recordkeepers is summarized in the summary table below.

Table 13-13. Estimated Annual Cost Burden to Respondents or Recordkeepers, Summary

Table	Activity	30 CFR	Cost to Recordkeeper
	I. Records Related to Sampling
13-1	I-2. Mailing Sampling Dates and Times	70.201(f) 71.201(e) and (f) 90.201(g)	$16.20
13-2	I-4. Mailing Status Changes	70.212(a) 71.209(a) 90.210	$87.75
13-3	I-6. Mailing Work Position Lists of DWP Samples at Surface Coal Mines and Surface Work Areas of Underground Coal Mines	71.206(d)	$7.00
	Subtotal I (Rounded)		$111
	II. CMDPSU Sampling
13-4	II-1. Mailing CMDPSU Samples	70.210(a) 71.207(a)	$10,435.00
13-5	II-3. Copying MSHA’s CMDPSU Sampling Results	70.211(b) 71.208(b)	$1,565.25
	Subtotal II (Rounded)		$12,000
	III. CPDM Sampling
13-6	III-3. Copying CPDM Dust Data Cards and MSHA’s Sampling Results	70.211(b) and (c) 71.208(b) and (c)	$17,092.50
	Subtotal III (Rounded)		$17,093
	IV. Part 90 Miner Sampling
13-7	IV-3. Copying Dust Data Cards and MSHA’s Sampling Results of Part 90 Miners	90.209(b) and (c)	$10.50
	Subtotal IV (Rounded)		$11
	VI. Abatement Activities after Corrective Actions
13-8	VI-1. Mailing Dust Data Cards and CMDPSU Abatement Samples	70.210(a), (c) and (f) 71.207(a), (c) and (f) 90.208(a), (c) and (f)	$204.00
13-9	VI-3. Copying Dust Data Cards and MSHA's Abatement Sampling Results	70.211(b) and (c) 71.208(b) and (c) 90.209(b) and (c)	$126.90
13-10	VI-4. Copying for Submitting Plans	70.208(i)(2) 70.209(g)(2) 71.300(a) 90.300(a)	$183.30
13-11	VI-5. Copying for Notifying Miners' Representatives of Plans and Providing Copies	75.370(a)(3)(i) 75.370(f)(1) 71.300(a)(1) 71.301(d)(1) 90.301(d)	$42.30
13-12	VI-6. Copying for Posting Plans	75.370(a)(3)(iii) and (f)(3) 71.300(a)(3) 71.301(d)(3)	$42.30
	Subtotal VI (Rounded)		$599
	Total (Rounded)		$29,813

14. Provide estimates of annualized costs to the federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

MSHA uses data from the FedScope published by the Office of Personnel Management (OPM) for hourly wage rates of Federal employees and adjusts the rates for benefits and overhead. The occupations listed below in Table 14-1 are those that were determined to be relevant for the federal government cost calculations.

Table 14-1. Federal Hourly Wage Rates

Occupation	Occupation Code	Mean Wage Rate	Benefit & Overhead Multiplier [a]	Loaded Hourly Wage Rate
		A	B	A x B
GS-7 Clerical Worker [b]	0318	$25.54	1.586	$40.50
GS-13 Safety and Health Specialist [c]	1822	$53.92	1.586	$85.51

Notes: Hourly wage rates are developed from Office of Personnel Management (OPM) June 2023 FedScope Employment Cube, http://www.fedscope.opm.gov/.

[a] Benefit and overhead multiplier = 1 + (MSHA personnel benefits, travel and transportation, and rental expenses / MSHA personnel compensation) = (1+ ((76,679+20+5,309+5,932+17,577+71) / 180,071) (FY 2024 budget submission, use FY2023 Revised Enacted Budget: https://www.dol.gov/sites/dolgov/files/general/budget/2024/CBJ-2024-V2-13.pdf).

[b] Data search qualifiers are: Agency = DLMS, Occupation = 0318, Work Schedule = Full-Time, Salary Grade = GS-07, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.586. Loaded hourly rate is $53,292.54 x 1.586 ÷ 2,087 = $40.50.

[c] Data search qualifiers are: Agency = DLMS, Occupation = 1822 (Mine Safety and Health Inspection), Work Schedule = Full-Time, Salary Grade = GS-13, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.586. Loaded hourly rate is $112,520 x 1.586 ÷ 2,087 = $85.51.

Records Related to Sampling

I-2. Reviewing Sampling Dates and Times

Upon request from the District Manager, a mine operator must submit in advance of sampling dates and times when sampling will be conducted under 30 CFR 70.201(f), 71.201(e) and (f), and 90.201(g). At surface work areas of underground coal mines and at surface coal mines, operators can also make a written request under 30 CFR 71.201(f) asking the District Manager to waive the rain restriction for a normal work shift as defined in 30 CFR 71.2.

MSHA anticipates requesting approximately 100 sampling schedules of dates and times annually and expects to receive approximately 360 responses from coal mine operators, as some mine operators submit schedules automatically. MSHA estimates that it takes an Agency clerk, earning $40.50 per hour (GS-7), an average of 15 minutes to type and mail each request, and an average of 10 minutes to process each operator response. MSHA further estimates that it takes an Agency health and safety specialist, earning $85.51 per hour (GS-13), an average of 15 minutes to review and distribute each response to respective field offices for follow-up action.

Table 14-2. Estimated Federal Hour and Cost Burden, Reviewing Sampling Dates and Times (30 CFR 70.201(f), 71.201(e) and (f), and 90.201(g))

Activity (Occupation)	Number of Responses (Sampling Dates)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Requesting Sampling Dates and Times (GS-7 Clerk)	100	0.25	25.00	$40.50	$1,012.59
Processing Responses (GS-7 Clerk)	360	0.17	60.00	$40.50	$2,430.22
Reviewing and Distributing Responses (GS-13 Health Specialist)	360	0.25	90.00	$85.51	$7,695.83
Total (Rounded)			175		$11,139

I-4. Reviewing Status Changes

When a change occurs in the operational status of a mine, MMU, DA, DWP, or part 90 miner that affects the sampling requirements of 30 CFR parts 70, 71, and 90, the change must be reported in writing to the MSHA District Office within 3 working days after the status change has occurred in accordance with 30 CFR 70.212(a), 71.209(a), and 90.210.

MSHA expects to review and process approximately 1,950 status change reports annually. It takes an Agency clerk earning $40.50 per hour an average of 5 minutes to review and process each status change report.

Table 14-3. Estimated Federal Hour and Cost Burden Reviewing Status Changes (30 CFR 70.212(a), 71.209(a), and 90.210)

Activity (Occupation)	Number of Responses (Status Changes)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Reviewing Status Changes (GS-7 Clerk)	1,950	0.08	156.00	$40.50	$6,318.57
Total (Rounded)			156		$6,319

CMDPSU Sampling

II-2. Processing CMDPSU Samples and Reporting Results to Mine Operators

CPDM Sampling

III-2. Processing CPDM Samples and Reporting Results to Mine Operators

Part 90 Miner Sampling

IV-2. Processing Samples from Part 90 Miners and Reporting Results to Mine Operators

Abatement Activities after Corrective Actions

VI-2. Processing Abatement Samples and Reporting Results to Mine Operators

The CMDPSU samples consist of DA samples from underground coal mines as required by 30 CFR 70.201(b)(2), DWP samples from surface coal mines and surface work areas of underground coal mines as required by paragraph 71.201(a), and abatement samples as required by paragraph 70.208(h)(4), 70.209(f)(4), 71.206(k)(4), 71.206(g), and 90.207(f)(2)(i). These samples also include optional DO and ODO sampling with a CMDPSU in underground coal mines as required by 30 CFR 70.201(a) and (b)(1) when approved by the District Manager.

With respect to the CMDPSU, upon receiving the operator’s dust sample and the accompanying Dust Data Card, MSHA’s Respirable Dust Processing Laboratory in Pittsburgh, PA, weighs each received sample using a robotic weighing system employing micro-balances, records the results, and enters the information recorded on the data card into a personal computer for electronic transmission to MSIS on the main computer in Denver, CO, for processing.

The CPDM samples consist of DO and ODO samples in underground coal mines as required by 30 CFR 70.201(a) and (b)(1), and abatement samples as required by paragraph 70.208(h)(4), 70.209(f)(4), 71.206(k)(4), 71.206(g), and 90.207(f)(2)(i). These samples also include optional DA samples in underground coal mines as required by 30 CFR 70.201(b)(2) and DWP samples in surface coal mines and surface work areas of underground coal mines as required by paragraph 71.201(a) when approved by the District Manager.

With respect to the CPDM, upon receiving operators’ electronic submissions of dust sampling data generated by the CPDM, MSHA’s Denver, CO, personnel maintain and process the data to MSIS.

For both the CMDPSU and CPDM samples, MSHA checks the received information for accuracy and completeness, performs required calculations of average concentration, and produces various computer-generated reports called data mailers. These data mailers, which contain specific information obtained from the dust samples and Dust Data Cards, are mailed in accordance with 30 CFR 70.211(a), 71.208(a), and 90.209(a) for coal mine operators to communicate the disposition of each submitted dust sample and any required follow-up action.

During FY24, MSHA collected 20,317 valid samples and 1,602 void samples for a total of 21,919 total coal samples. MSHA assumes lump sum costs for personnel, maintaining equipment, computer software licenses, and supplies.

Table 14-4A. Estimated Federal Hour and Cost Burden, Processing CMDPSU Samples and Reporting Results to Mine Operators (30 CFR 70.211(a), 71.208(a), and 90.209(a))

Cost Item	Cost
MSHA personnel cost	$322,924
Equipment and annual maintenance cost (vacuum pump, robotic weighing system, analytical balances, and PCs)	$43,046
Misc. supplies (labels, paper, etc.)	$2,500
Total	$368,470

Table 14-4B. Estimated Federal Hour and Cost Burden, Processing CPDM Samples and Reporting Results to Mine Operators (30 CFR 70.211(a), 71.208(a), and 90.209(a))

Cost Item	Cost
MSHA personnel cost	$141,053
Contractor Staff	$100,000
Maintenance (Software licensing, PCs, printer, and supplies)	$6,800
Total	$247,853

Additionally, MSHA also incurs costs for data storage as MSHA has adopted digital processing on MSIS. MSHA estimated there will be 20,256 reports each year. Each data mailer will cost $0.08 and the postage to mail a data mailer back to coal mine operators is estimated to be $0.40 each.

Table 14-4C. Estimated Federal Hour and Cost Burden, Storing Data (30 CFR 70.211(a), 71.208(a), and 90.209(a))

Cost Item	Number of Responses (Sample Reports)	Unit Cost	Number of Units per Response	Total Burden Cost
Storing Data				$1,000.00
Total (Rounded)				$11,938

The total costs to the federal government for processing abatement samples and reporting the results to the mine operators can be found in the table below.

Table 14-4. Estimated Federal Hour and Cost Burden, Processing Abatement Samples, and Reporting the Results to the Mine Operator

Activity	Total Burden Cost
Processing CMDPSU Samples and Transmitting Data to MSIS	$368,470.00
Processing CPDM Samples and Transmitting Data to MSIS	$247,853.00
Storing Data	$1,000.00
Total (Rounded)	$617,323

VI-4. Reviewing New or Revised Mine Ventilation Plans or Dust Control Plans

A citation for violation of the applicable standard can be terminated by MSHA when the operator has submitted to the District Manager revised dust control parameters as part of the mine ventilation plan applicable to the MMU in the citation (30 CFR 70.208(i)(2)) or the DA (70.209(g)(2)), 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 71.300(a), within 15 calendar days after the termination date of a citation for a violation of the respirable dust standard, the operator must submit to MSHA for approval a written respirable dust control plan.

Under 30 CFR 90.300(a), within 15 calendar days after the citation is terminated, 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 if corrective actions are taken to reduce the respirable dust level in the position of the part 90 miner.

MSHA anticipates that coal mine operators will submit eight new and four revised mine ventilation plans annually. MSHA estimates that it takes an Agency GS-13 health and safety specialist, earning $85.51 per hour, 45 minutes to review a new mine ventilation plan and 30 minutes to review a revised plan. MSHA further estimates that it takes an Agency clerk, earning $40.50 per hour, 45 minutes to process a new or revised mine ventilation plan.

Table 14-5A. Estimated Federal Hour and Cost Burden, Reviewing New or Revised Mine Ventilation Plans (30 CFR 70.208(i)(2) and 70.209(g)(2))

Activity (Occupation)	Number of Responses (Plans)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Reviewing New Plans (GS-13 Health Specialist)	8	0.75	6.00	$85.51	$513.06
Reviewing Revised Plans (GS-13 Health Specialist)	4	0.50	2.00	$85.51	$171.02
Subtotal (Rounded)			8		$684
Processing New and Revised Plans (GS-7 Clerk)	12	0.75	9.00	$40.50	$364.53
Total (Rounded)			17		$1,049

MSHA anticipates the submission of five new and one revised respirable dust control plans annually. MSHA estimates that it takes an Agency GS-13 health and safety specialist, earning $85.51 per hour, 45 minutes to review a new respirable dust control plan and 30 minutes to review a revised plan. MSHA further estimates that it takes an Agency Clerk, earning $40.50 per hour, 45 minutes to process a new or revised part 90 miner dust control plan.

Table 14-5B. Estimated Federal Hour and Cost Burden, Reviewing New and Revised Dust Control Plans (30 CFR 71.300(a) and 90.300(a))

Activity (Occupation)	Number of Responses (Plans)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Reviewing New Plans (GS-13 Health Specialist)	5	0.75	3.75	$85.51	$320.66
Reviewing Revised Plans (GS-13 Health Specialist)	1	0.5	0.50	$85.51	$42.75
Subtotal			4.25		$363.41
Processing New and Revised Plans (GS-7 Clerk)	6	0.75	4.50	$40.50	$182.27
Total (Rounded)			8.75		$546

Under 30 CFR 71.300(a)(4) and 75.370(b), the District Manager must provide a copy of written comments on the proposed plan or revision submitted by the representative of miners to the operator upon request. Comments from the representative of miners are not common and hence MSHA assumes the cost of providing copies of comments are de minimis.

The total costs to the federal government for revieing and processing new and revised ventilation and dust control plans can be found in the table below.

Table 4-5. Estimated Federal Hour and Cost Burden, Reviewing New and Revised Mine Ventilation Plans and Dust Control Plans (30 CFR 70.208(i)(2) 70.209(g)(2)), (30 CFR 71.300(a) and 90.300(a))

Activity	Total Burden Cost
Reviewing and Processing New and Revised Mine Ventilation Plans	$1,048.61
Reviewing and Processing New and Revised Dust Control Plans	$545.58
Total (Rounded)	$1,594

Cost Summary to the Federal Government

The annual cost burden to the Federal government is summarized in the summary table below.

Table 14-6. Estimated Federal Hour and Cost Burden, Summary

Table	Activity	30 CFR	Cost to the Federal Government
	I. Records Related to Sampling
14-2	I-2. Reviewing Sampling Dates and Times	70.201(f) 71.201(e) and (f) 90.201(g)	$11,138.64
14-3	I-4. Reviewing Status Changes	70.212(a) 71.209(a) 90.210	$6,318.57
14-4	Processing CMDPSU and CPDM Samples and Reporting Results to Mine Operators	70.211(a) 71.208(a) 90.209(a)	$617,323.00
	VI. Abatement Activities After Corrective Actions
14-5	VI-4. Reviewing New and Revised Mine Ventilation and Dust Control Plans	70.208(i)(2) 70.209(g)(2)	$1,594.29
	Total (Rounded)		$636,375

15. Explain the reasons for any program changes or adjustments on the burden worksheet.

Number of Respondents: The estimated number of respondents increased from 676 to 701 due to an increase in the number of active producing coal mines.

Number of Responses: The estimated number of responses decreased from 995,102 to 989,403 due to a change in methodology.

Annual Time Burden: The estimated annual time burden increased from 58,259 to 69,765 due to an increase in the number of respondents.

Annual Burden Costs: The estimated annual other burden cost increased from $3,271,611 to $4,040,727 due to an increase in the number of respondents.

Annual Other Burden Costs: The estimated annual burden costs decreased from $29,835 to $29,813 due to a decrease in the number of mines reporting status changes.

Federal Hours: The estimated annual federal hours decreased from 405 hours to 357 hours due to a decrease in the number of mines reporting status changes.

Federal Costs: The estimated annual federal costs decreased from $646,992 to $636,375 due to a decrease in the number of mines reporting status changes.

Table 15-1. Summary of Changes

	Currently Approved ICR	Revised ICR	Difference
Number of Respondents	676	701	25
Number of Responses	995,102	989,403	-5,699
Annual Time Burden	58,259	69,765	11,506
Annual Burden Costs	$3,271,611	$4,040,727	$769,116
Annual Other Burden Costs	$29,835	$29,813	-$22

Federal Hours	405	357	-48
Federal Costs	$646,992	636,375	-$10,617

16. For information collections whose results will be published, outline plans for tabulation and publication and address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the information collection, completion of report, publication dates, and other actions.

The transmittal and processing of samples, Dust Data Cards, and related information collection requirements under this ICR are not published. Results are reported to mine operators and the electronic database is used by MSHA to plan enforcement activities and evaluate programs. The database is also used by NIOSH to monitor effectiveness of dust controls, plan and undertake dust control research initiatives, and assess trends in disease prevention. The purpose of the respirable coal mine dust sampling program is to monitor compliance with mandatory limits to ensure healthful work environments.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

MSHA is seeking approval to not display the expiration date for OMB approval of this information collection on the Dust Data Card. MSHA has no direct control over the production or distribution of the cassettes and Dust Data Cards. Dust sampling cassettes and the accompanying Dust Data Cards for CMDPSUs are produced and distributed by the CMDPSU manufacturer. Dust Data Cards associated with the CPDM are generated by the CPDM. The CPDM is produced and distributed by its manufacturer.

18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

There are no certification exceptions identified with this information collection.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.

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.

2 30 CFR 70.2 – Designated occupation (DO). The occupation on a mechanized mining unit (MMU) that has been determined by results of respirable dust samples to have the greatest respirable dust concentration.

3 30 CFR 70.2 – Other designated occupation (ODO). Other occupation on an MMU that is designated for sampling required by this part in addition to the DO. Each ODO shall be identified by a four-digit identification number assigned by MSHA.

4 30 CFR 70.2 – Designated area (DA). A specific location in the mine identified by the operator in the mine ventilation plan under § 75.371(t) of this title where samples will be collected to measure respirable dust generation sources in the active workings; approved by the District Manager; and assigned a four-digit identification number by MSHA.

5 30 CFR 71.2 – Designated work position (DWP). A work position in a surface coal mine and surface work area of an underground coal mine designated for sampling to measure respirable dust generation sources in the active workings. Each DWP will be assigned a four-digit number assigned by MSHA identifying the specific physical portion of the mine that is affected, followed by a three-digit MSHA coal mining occupation code describing the location to which a miner is assigned in the performance of his or her regular duties.

6 Table 1 to Subpart C of Part 70—Excessive Concentration Values (ECV) Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements.

7 Table 71-1—Excessive Concentration Values (ECV) Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements.

8 Table 90-1—Excessive Concentration Values (ECV) Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements.

9 For all wage rates, including Federal wage rates, MSHA uses the relevant precision throughout the calculation to avoid compound rounding errors and rounds at the final rate value. Displayed intermediate calculation values are presented to explain the calculation and are representative, but the final rate value reflects the correct rounding and final estimate.

10To obtain OEWS data, follow BLS’s directions in its Frequently Asked Questions: “E. How to get OEWS data. 4. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm. The average wage rate is calculated as the employment-weighted average of hourly mean wages for the occupation

11 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at http://data.bls.gov/cgi-bin/srgate or directly at http://download.bls.gov/pub/time.series/cm/cm.data.0.Current. Insert the data series CMU2030000405000D and CMU2030000405000P, Private Industry Total benefits for Construction, extraction, farming, fishing, and forestry occupations, which is divided by 100 to convert to a decimal value. MSHA uses the latest 4-quarter moving average to determine what percent of total loaded wages are benefits. MSHA computes the benefit multiplier with a number of detailed calculations, but it may be approximated with the formula 1 + (benefit percentage / (1-benefit percentage)).

12Wage inflation is the change in Series ID: CIS2020000405000I; Seasonally adjusted; Series Title: Wages and salaries for Private industry workers in Construction, extraction, farming, fishing, and forestry occupations, Index. (https://data.bls.gov/cgi-bin/srgate ; Inflation Multiplier = (Current Quarter Cost Index Value / OEWS Wage Base Quarter Index Value).

13 MSHA uses an overhead rate of 1 percent. The mining environment generally involves very little overhead, especially costs associated with workers engaged in administrative or clerical tasks.

14 The burden to record the shift length when sampling is being conducted in CPDM is already accounted for. When CPDM sampling is conducted for MMUs, coal mine operators must print, sign and post on the mine bulletin board the Dust Data Card for each MMU with required information, including shift length. The burden to record shift length is accounted for separately in III-1. Submitting CPDM Samples under 30 CFR 70.211(c). Similarly, the burden to record shift length of CPDM sampling conducted for part 90 miners is accounted separately in IV-1. Submitting CPDM Samples of Part 90 Miners under 30 CFR 90.209(c). Thus, when CPDM sampling is not being conducted, the burden for recording shift lengths of unsampled shifts is accounted for here under 30 CFR 70.201(e) and 90.201(f).

15 For shifts where sampling do not occur, records of shift length are developed for each production shift for each MMU under 30 CFR 70.201(c) and each shift worked by a part 90 miner under 30 CFR 90.201(f), as required by 30 CFR 70.201(e), 71.210(d), and 90.201(f), see I-1. Recording Lengths of Shift.

For shifts where sampling occur, separate records of the shift length are created in the paper record (Dust Data Card) of the sample run under 30 CFR 70.211(c) and 71.208(c). The costs are accounted for in III-3. Posting CPDM Dust Data Cards and Sampling Reports. Similarly, the costs of recordkeeping of shift length of the sample run under 90.209(c) is included in IV-3. Providing Dust Data Cards and MSHA’s Sampling Reports to Part 90 Miners.

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Author	Moore, Joanna - MSHA
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