View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1219-0156
ICR Reference No:
202007-1219-006
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
DOL/MSHA
Agency Tracking No:
Title:
Respirable Crystalline Silica Standard
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule
Conclusion Date:
09/28/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/13/2023
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
MSHA proposes to lower the existing exposure limit (PEL) for respirable crystalline silica from 100 µg/m3 to 50 µg/m3 at mining operations due to the serious health hazard such exposure presents to miners. Exposure at the existing PEL is known to cause silicosis, an irreversible but preventable lung disease; non-malignant respiratory disease (other than silicosis); lung cancer; and renal and autoimmune effects in susceptible individuals. The proposed rule, once implemented, would significantly enhance health protection for metal and nonmetal miners as well as coal miners. MSHA’s proposed respirable silica rule includes provision for lowering the respirable crystalline silica permissible exposure limit; MSHA’s longstanding practice that the hierarchy of controls be used at metal and nonmetal as well as coal mines to lower exposures; prohibiting rotation of miners for compliance with this rule; a written respiratory protection program; medical evaluation and transfer rights for metal and nonmetal as well as coal miners who are medically unable to wear required respiratory protection under this standard; exposure assessment and monitoring, including rights of miners or their representatives to observe monitoring and have access to records; medical evaluation of miners’ health; and recordkeeping. Proposed paperwork requirements would be contained in a written respiratory protection program, involve medical records, copying and posting of sampling results, and the creation and maintenance of records.
Authorizing Statute(s):
PL:
Pub.L. 95 - 164 103(h)
Name of Law: Federal Mine Safety and Health Act of 1977
PL:
Pub.L. 95 - 164 101(a)
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:
1219-AB36
Proposed rulemaking
88 FR 44852
07/13/2023
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 44852
07/13/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Respirable Crystalline Silica Standard
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This ICR package shows below the estimated responses, burden hours, and costs that will be applied to the individual control numbers as a result of the final rule. OMB CONTROL NUMBER 1219-0011 Affected Public: Business or other for-profit (mine operators) Estimated Number of Respondents: 676 (0 from this rulemaking) Estimated Number of Responses: 995,102 (0 from this rulemaking) Estimated Number of Burden Hours: 58,259 (0 from this rulemaking) Estimated Hour Burden Costs: $3,271,611 ($0 from this rulemaking) Estimated Capital Costs to Respondents: $29,835 ($0 from this rulemaking) OMB CONTROL NUMBER 1219–0048 Estimated Number of Respondents: 0 (-350 from this rulemaking) Estimated Number of Responses: 0 (-630 from this rulemaking) Estimated Number of Burden Hours: 0 (-3,588 from this rulemaking) Estimated Hour Burden Costs: $0 (-$284,084 from this rulemaking) Estimated Capital Costs to Respondents: $0 (-$140,000 from this rulemaking) IC 1219-0NEW This is new to the OMB inventory. Affected Public: Business or other for-profit (mine operators) Estimated Number of Respondents: an annual average of 46,198 respondents. Estimated Number of Responses: An annual average of 192,102 responses. Estimated Number of Burden Hours: An annual average of 41,440 burden hours. Estimated Hour Burden Costs: An annual average of $2,593,541. Estimated Capital Costs to Respondents: An annual average of $25,262.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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?
No
Agency Contact:
Joanna Moore 202 693-9825 moore.joanna@dol.gov
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:
07/13/2023
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