Respirable Coal Mine Dust Sampling

OMB Control No: 1219-0011	ICR Reference No: 201206-1219-002
Status: Historical Active	Previous ICR Reference No: 200907-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Respirable Coal Mine Dust Sampling
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/07/2012
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/28/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2015	36 Months From Approved	11/30/2012
Responses	63,193	0	41,000
Time Burden (Hours)	8,571	0	33,199
Cost Burden (Dollars)	44,065	0	3,839,714

---

Abstract: The title of the information collection is being changed from "Mine Operator Dust Data Card" to "Respirable Coal Mine Dust Sampling" to more accurately reflect the type of information that is collected. Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 813(h), authorizes MSHA to collect information necessary to carry out its duty to protect the safety and health of miners. Further, Section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the 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 or other mines. The existing standards provide that each coal mine operator sample bimonthly the designated occupations or work locations of the mine and submit these samples to MSHA for analysis to determine if the mine is complying with the applicable dust standards.

---

Authorizing Statute(s): US Code: 30 USC 811(a) Name of Law: Federal Mine Safety and Health Act of 1977    US Code: 30 USC 813(h) Name of Law: Federal Mine Safety and Health Act of 1977

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 38323	06/27/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 59667	09/28/2012
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Respirable Coal Mine Dust Sampling MSHA-NA Mine Operator Coal Dust Operator Data Card

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	63,193	41,000	0	0	22,193	0
Annual Time Burden (Hours)	8,571	33,199	0	0	-24,628	0
Annual Cost Burden (Dollars)	44,065	3,839,714	0	0	-3,795,649	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Responses, Respondents: There was a decrease of 30 respondents (from 830 to 800) due to a decrease in the number mines. There was an increase of 22,193 (from 41,000 to 63,193) in responses due to a correction of the calculation used in the previous update. Burden hours: The decrease in burden hours of 24,628 hours (from 33,199 hrs. to 8,571 hrs.) is due primarily to the removal of the provision for dust sampling as a paperwork burden as the completion time for 70.209, 71.209 and 90.209 was reduced to .1 hours from .58 hours in the previous submission. It was determined that the remainder of that completion time did not constitute necessary burden time resulting in a decrease of 24,469 burden hours for those provisions. Costs: There is a decrease in costs of $3,795,649 (from $3,839,714 to $44,065). This is due to the removal of maintenance and calibration costs of the gravimetric sampler as a capital cost related to the collection burden as costs for 70.204(a), 71.204(a), and 90.204(a) were removed and should have not been included in the last approved information collection.

---

Annual Cost to Federal Government: $681,623

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Erik Peterson 202 693-9453 [email protected]

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 09/28/2012

---