Billing Code: 4510-43-P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0048]
Proposed Revision of a Currently Approved Information Collection; Respirator Program
Records
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
SUMMARY: The Department of Labor (DOL), as part of its continuing effort to reduce
paperwork and respondent burden, conducts a pre-clearance consultation program to provide the
general public and Federal agencies with an opportunity to comment on proposed collections of
information, in accordance with the Paperwork Reduction Act of 1995. This program helps to
ensure that requested data can be provided in the desired format, reporting burden (time and
financial resources) is minimized, collection instruments are clearly understood, and the impact
of collection requirements on respondents can be properly assessed. The Mine Safety and Health
Administration (MSHA) is soliciting comments on the information collection for Respirator
Program Records.
DATES: All comments must be received by MSHA’s Office of Standards, Regulations, and
Variances on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
ADDRESSES: Comments concerning the information collection requirements of this notice
may be sent by any of the methods listed below. Please note that late comments received after
the deadline will not be considered.
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Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the on-line
instructions for submitting comments for docket number MSHA-2024-0011.

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Mail/Hand Delivery: DOL-MSHA, Office of Standards, Regulations, and Variances, 201
12th Street South, 4th Floor West, Arlington, VA 22202-5452. Before visiting MSHA in
person, call 202-693-9455 to make an appointment, in keeping with the Department of
Labor’s COVID-19 policy. Special health precautions may be required.

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MSHA will post all comments as well as any attachments, except for information
submitted and marked as confidential, in the docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of
Standards, Regulations, and Variances, MSHA, at MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202) 693–9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(h) of the Federal Mine Safety and Health Act of 1977, as amended (the Mine
Act), 30 U.S.C. 813(h), authorizes 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.

In order to fulfill statutory mandates, MSHA requires the collection of information
associated with respirator program records. Under the previous 30 CFR 56.5005 and 57.5005, a
mine’s respirator program must be consistent with the requirements of ANSI Z88.2–1969,
published by the American National Standards Institute, entitled “American National Standards
Practices for Respiratory Protection ANSI Z88.2–1969,” and approved on August 11, 1969. In
the currently approved information collection, MSHA listed three types of information collection
– development of respiratory protection program, medical evaluation/fit testing records, and

emergency respirator inspection records – and provides the estimated burden for each of the
three information collection activities.
A final rule titled “Lowering Miners’ Exposure to Respirable Crystalline Silica and
Improving Respiratory Protection” (RIN 1219-AB36) and issued on April 18, 2024 (89 FR
28218) made changes related to the currently approved information collection. The final rule
amends 30 CFR 56.5005 and 57.5005 to incorporate by reference ASTM F3387-19, entitled
“Standard Practice for Respiratory Protection,” because it is the most recent consensus standard
developed by experts in government and professional associations on the selection, use, and
maintenance for respiratory equipment. The final rule requires that approved respirators be
selected, fitted, used, and maintained in accordance with the provision of a written respiratory
protection program consistent with the requirements of ASTM F3387-19.
Under the revised 30 CFR 56.5005(b) and 57.5005(b), the ASTM F3387-19 incorporated
by reference mandates that metal and nonmetal (MNM) mines where miners must wear
respirators have written standard operating procedures (SOPs) for their respiratory programs;
such miners who must wear respirators are fit-tested in a medical evaluation to the respirators
that they will use; and mines perform emergency respirator inspections, among other safetyrelated activities. Emergency respirator inspections are regular inspections of respirators reserved
for use during emergencies; the inspections are used to ensure that respirators would properly
function if needed during an emergency. In the revised information collection, MSHA requires
the collection of four types of information in connection with respirators in MNM mines –
revised written SOPs governing the selection and use of respirators; medical evaluation/fit
testing results; emergency respirators inspection records; and records relating to the respiratory
programs, which are all consistent with ASTM F3387-19 requirements.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information collection related to
Respirator Program Records. MSHA is particularly interested in comments that:

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Evaluate whether the collection of information is necessary for the proper performance of
the functions of the Agency, including whether the information has practical utility;

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Evaluate the accuracy of MSHA’s estimate of the burden of the collection of information,
including the validity of the methodology and assumptions used;

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Suggest methods to enhance the quality, utility, and clarity of the information to be
collected; and

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Minimize the burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
The information collection request will be available on https://www.regulations.gov.

MSHA cautions the commenter against providing any information in the submission that should
not be publicly disclosed. Full comments, including personal information provided, will be
made available on https://www.regulations.gov and https://www.reginfo.gov.
The public may also examine publicly available documents at DOL-MSHA, Office of
Standards, Regulations and Variances, 201 12th Street South, 4th Floor West, Arlington, VA
22202-5452. Sign in at the receptionist’s desk on the 4th Floor via the West elevator. Before
visiting MSHA in person, call 202-693-9455 to make an appointment, in keeping with the
Department of Labor’s COVID-19 policy. Special health precautions may be required.
Questions about the information collection requirements may be directed to the person
listed in the FOR FURTHER INFORMATION section of this notice.
III. Current Actions
This information collection request concerns provisions for Respirator Program Records.
MSHA has updated the data with respect to the number of respondents, responses, time burden,
and burden costs supporting this information collection request from the previous information
collection request.

Type of Review: Revision of a currently approved information collection
Agency: Mine Safety and Health Administration
OMB Number: 1219-0048
Affected Public: Business or other for-profit
Number of Annual Respondents: 2,305
Frequency: Annual
Number of Annual Responses: 43,795
Annual Time Burden: 23,626 hours
Annual Other Burden Costs $140,000
Comments submitted in response to this notice will be summarized and included in the
request for Office of Management and Budget approval of the proposed information collection
request; they will become a matter of public record and be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer,
Mine Safety and Health Administration.
[FR Doc. 2024-13935 Filed: 6/25/2024 8:45 am; Publication Date: 6/26/2024]