[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Page 43605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15370]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Respirator Program Records

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Mining Safety 
and Health Administration (MSHA)-sponsored information collection 
request (ICR) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act of 1995 
(PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before August 17, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Anthony May by telephone at 202-693-
4129 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Comments are invited on: (1) Whether the 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (2) if the information will be processed and 
used in a timely manner; (3) the accuracy of the agency's estimates of 
the burden and cost of the collection of information, including the 
validity of the methodology and assumptions used; (4) ways to enhance 
the quality, utility and clarity of the information collection; and (5) 
ways to minimize the burden of the collection of information on those 
who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    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 in protecting the safety and health of 
miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811, 
authorizes the Secretary of Labor 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. Title 30 CFR 56.5005 and 57.5005 require, whenever respiratory 
equipment is used, that metal and nonmetal mine operators institute a 
respirator program governing selection, maintenance, training, fitting, 
supervision, cleaning, and use of respirators. These standards seek to 
control miner exposure to harmful airborne contaminants by using 
engineering controls to prevent contamination and vent or dilute the 
contaminated air. However, where accepted engineering control measures 
have not been developed or when necessary by the nature of work 
involved (for example, while establishing controls or occasional entry 
into hazardous atmospheres to perform maintenance or investigation), 
employees may work for reasonable periods of time in concentrations of 
airborne contaminants exceeding permissible levels if they are 
protected by appropriate respiratory protective equipment. Sections 
56.5005 and 57.5005 incorporate by reference, requirements of the 
American National Standards Institute's Practices for Respiratory 
Protection (ANSI Z88.2-1969). These incorporated requirements mandate 
that miners who must wear respirators be fittested to the respirators 
that they will use. Certain records are also required to be kept in 
connection with respirators, including: Written standard operating 
procedures governing the selection and use of respirators; records of 
the date of issuance of the respirator; and fit-test results. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on March 25, 2020 (85 FR 
16959).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-MSHA.
    Title of Collection: Respirator Program Records.
    OMB Control Number: 1219-0048.
    Affected Public: Private Sector: Businesses or other for-profits.
    Total Estimated Number of Respondents: 350.
    Total Estimated Number of Responses: 6,300.
    Total Estimated Annual Time Burden: 3,588 hours.
    Total Estimated Annual Other Costs Burden: $140,000.
    Authority: 44 U.S.C. 3507(a)(1)(D).

     Dated: July 10, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020-15370 Filed 7-16-20; 8:45 am]
BILLING CODE 4510-43-P