Federal Register - July 21, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices environments. The ventilation system is the most vital life support system in underground mining and a properly operating ventilation system is essential for maintaining a safe and healthful working environment. Lack of adequate ventilation in underground mines has resulted in fatalities from asphyxiation and explosions.
An underground mine is a maze of tunnels that must be adequately ventilated with fresh air to provide a safe environment for miners. Methane is liberated from the strata, and noxious gases and dusts from blasting and other mining activities may be present. The explosive and noxious gases and dusts must be diluted, rendered harmless, and carried to the surface by the ventilating currents. Sufficient air must be provided to maintain the level of respirable dust at or below specific exposure limits and air quality must be maintained in accordance with MSHA standards.
Mechanical ventilation equipment of sufficient capacity must operate at all times while miners are in the mine.
Ground conditions are subject to frequent changes; thus, sufficient tests and examinations are necessary to ensure the integrity of the ventilation system and to detect any changes that may require adjustments in the system.
Records of tests and examinations are necessary to ensure that the ventilation system is being maintained and that changes which could adversely affect the integrity of the system or the safety of the miners are not occurring. These examination, reporting, and recordkeeping requirements of sections 75.310, 75.312, 75.342, 75.351, 75.360
through 75.364, 75.370, 75.371, and 75.382 also incorporate examinations of other critical aspects of the underground work environment such as roof conditions and electrical equipment which have historically caused numerous fatalities when not properly maintained and operated.
Section 75.362, On-shift Examinations, was revised at subsection 75.362a2 and g24 by MSHAs rule titled Lowering Miners Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors, published May 1, 2014. This rule also revised subsection 75.371f and j.
Subsection 75.362a2 requires that a person designated by the operator conduct an examination and record the results and the corrective actions taken to ensure compliance with the respirable dust control parameters specified in the approved mine ventilation plan.
Under subsection 75.362g2i, the certified person directing the on-shift examination must certify by initials,
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date, and time, on a board maintained at the section load out or similar location showing that the examination was made prior to resuming production.
No increased burden is estimated for section 75.362g2i in this Information Collection Request ICR
because MSHA does not expect the burden to be different from the burden in existing section 75.362g2.
Under section 75.362g2ii, the certified person directing the on-shift examination must verify, by initials, date, and time, the record of the results of the examination required under section 75.362a2 to ensure compliance with the respirable dust control parameters specified in the mine ventilation plan. Further, section 75.362g3 requires a mine foreman or equivalent mine official to countersign each examination record required under section 75.362a2 after it is verified by the certified person under section 75.362g2ii, and no later than the end of the mine foremans or equivalent mine officials next regularly scheduled working shift. Section 75.362g2ii and g3 are additional burdens that are accounted for in this ICR and 75.362g2ii4 requires that records 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.
Paragraph a2 in section 75.370, Mine ventilation plan; submission and approval, contains the burden for underground coal mine operators to submit mine ventilation plan revisions for District Manager approval. Each mine ventilation plan must include information that is specified by section 75.371, Mine ventilation plan; contents.
Section 75.371f adds the following information that a mine operator must include in the mine ventilation plan:
The minimum quantity of air that will be delivered to the working section for each mechanized mining unit MMU, and the identification by make and model, of each different dust suppression system used on equipment on each working section, including: 1
The number, types, location, orientation, operating pressure, and flow rate of operating water sprays; 2
the maximum distance that ventilation control devices will be installed from each working face when mining or installing roof bolts in entries and crosscuts; 3 procedures for maintaining the roof bolter dust collection system in approved condition; and 4 recommended best work practices for equipment operators to minimize dust exposure.
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Section 75.371j adds a requirement that for machine mounted dust collectors, the ventilation plan must include the type and size of dust collector screens used and a description of the procedures to be followed to properly maintain dust collectors used on the equipment.
Section 75.370a2 requires all underground coal mine operators to submit revisions for mine ventilation plans to MSHA. The burden to submit the additional information required by section 75.371f and j as proposed revisions to the plan is accounted for in this package under section 75.370a2.
In addition, section 75.370a3i requires underground coal mine operators to notify the miners representative at least 5 days prior to submission of mine ventilation plan revisions and, if requested, provide a copy of the revisions to the miners representative at the time of notification. Section 75.370a3iii and f3 require the operator to post a copy of the plan revisions, and section 75.370f1 requires that the operator provide a copy of the revisions to the miners representative, if requested.
MSHA assumes that a copy of the revisions will be requested. The burdens for notification, providing requested copies, and posting associated with mine ventilation plan revisions resulting from section 75.371f and j are accounted for in this package under section 75.370a3i, f1, a3iii, and f3, respectively.
II. Desired Focus of Comments MSHA is soliciting comments concerning the proposed information collection related to Ventilation Plans, Tests, and Examinations in Underground Coal Mines. MSHA is particularly interested in comments that:
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;
Evaluate the accuracy of MSHAs estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;
Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and 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.
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