1219-0003 Rocis

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SUPPORTING STATEMENT
Radiation Sampling and Exposure Records, 30 C.F.R. §§ 57.5037 and 57.5040 (pertains
to underground uranium mines and metal and nonmetal underground mines).
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating or
authorizing the collection of information.
Under the authority of Section 103 of the Federal Mine Safety and Health Act of 1977,
MSHA is required to ”…issue regulations requiring operators to maintain accurate
records of employee exposures to potentially toxic materials or harmful physical agents
which are required to be monitored or measured under any applicable mandatory
health or safety standard promulgated under this Act.”
Airborne radon and radon daughters exist in every uranium mine and in mines
containing several other underground mining commodities. Radon is radioactive gas.
It diffuses into the mine atmosphere through the rock and the ground water. Radon
decays in a series of steps into other radioactive elements (which are solids) called
radon daughters. Radon and radon daughters are invisible and odorless. Decay of
radon and its daughters results in emissions of alpha energy.
Medical doctors and scientists have associated high radon daughter exposures with
lung cancer. The health hazard arises from breathing air contaminated with radon
daughters which are in turn deposited in the lungs. The lung tissues are sensitive to
alpha radioactivity.
The amounts of airborne radon daughters to which most miners can be exposed with no
adverse effects have been established and are expressed as working levels. The current
MSHA standard is a maximum personal exposure of 4 working level months per year.
Excess lung cancer in uranium miners, just as coal workers’ pneumoconiosis, silicosis,
and other debilitating occupational diseases, has been recognized for many years.
Thus, an adequate base of accurate exposure level data is essential to provide input into
new studies that will accurately yield dose-response relationships and will permit an
evaluation of current regulations and the effectiveness of disease control programs.
Standard 30 C.F.R. § 57.5037 establishes the procedures to be used by the mine operator
in sampling mine air for the presence and concentrations of radon daughters.
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Operators are required to conduct weekly sampling where concentrations of radon
daughters exceed 0.3 WL. Sampling is required bi-weekly where uranium mines have
readings of 0.1 WL to 0.3 WL and every three months in non-uranium underground
mines where the readings are 0.1 WL to 0.3 WL. The mine operators are required to
keep records of all mandatory samplings. Records include the sample date, location
and results, and must be retained at the mine site or nearest mine office for at least two
years.
Standard 30 C.F.R. § 57.5040 requires mine operators to calculate, record and report
individual exposures to concentrations of radon daughters. The calculations are based
on the results of the weekly sampling required by 30 C.F.R. § 57.5037. Records are
maintained by the operator and are submitted to MSHA annually.
2. Indicate how, by whom, and for what purpose the information is to be used.
Except for a new collection, indicate the actual use the agency has made of the
information received from the current collection.
The sampling and recordkeeping requirement alerts the mine operator and MSHA to
possible failure in the radon daughter control system, and permits appropriate
corrective action to be taken in a timely manner. Data submitted to MSHA (on MSHA
Form 4000-9, Record of Individual Exposure to Radon Daughters) is intended to: (a)
establish a means by which MSHA can assure compliance with underground radiation
standards; (b) form a data base of miner exposure for future epidemiological studies;
and (c) assure that miners can, upon written request, have records of cumulative
exposures made available to them or their estate, and to medical and legal
representatives who have obtained written authorization.
3. Describe whether, and to what extent, the collection of information involves the
use of automated, electronic, mechanical, or other technological collection techniques
or other forms of information technology, e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.
No improved information technology has been identified that would reduce the
burden; however, in order to comply with the Government Paperwork Elimination
Act, mine operators may retain the records in whatever method they choose, which
may include utilizing computer technology. Form 4000-9 can be printed from the
MSHA.gov web site and mailed or faxed to MSHA.
4. Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in Item 2 above.
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Records are of individual miner’s exposure to concentrations of radon daughters.
Calculations are based on air samples taken at designated work areas and the time
miners were present in those areas. No similar information exists.
5. If the collection of information impacts small businesses or other small entities
(Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
This information does not have a significant impact on small businesses or other small
entities.
6. Describe the consequences to Federal program or policy activities if the collection
is not conducted or is conducted less frequently, as well as any technical or legal
obstacles to reducing burden.
Without this information collection to assure that a miner does not exceed the annual
exposure limit to radon daughters, the individual miner could be at high risk of
developing lung cancer.
7. Explain any special circumstances that would cause an information collection to be
conducted in a manner:
• requiring respondents to report information to the agency more often than
quarterly:
• requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it;
• requiring respondents to submit more than an original and two copies of any
documents;
• requiring respondents to retain records, other than health, medical,
government contract, grant-in-aid, or tax records for more than three years;
• in connection with a statistical survey, that is not designed to produce valid
and reliable results that can be generalized to the universe of study;
• requiring the use of a statistical data classification that has not been reviewed
and approved by OMB;
• that includes a pledge of confidentiality that is not supported by authority
established in statute or regulations, that is not supported by disclosure and data
security policies that are consistent with the pledge, or which unnecessarily impedes
sharing of data with other agencies for compatible confidential use; or
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• requiring respondents to submit proprietary trade secret, or other confidential
information unless the agency can demonstrate that it has instituted procedures to
protect the information’s confidentiality to the extent permitted by law.
While there is no specific requirement that records be kept for more than two years,
mine operators are required to have such records during the time their mines are
actively operating. This collection of information is otherwise consistent with the
guidelines in 5 C.F.R. § 1320.5, and does not contain any requirements for respondents
to report more than quarterly.
8. If applicable, provide a copy and identify the data and page number of publication
in the Federal Register of the agency’s notice, required by 5 C.F.R. § 1320.8(d),
soliciting comments on the information collection prior to submission to OMB.
Summarize public comments received in response to that notice and describe actions
taken by the agency in response to these comments. Specifically address comments
received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on
the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
MSHA published a 60-day preclearance Federal Register notice on August 22, 2007
(Volume 72, Number 162, Page 47080), soliciting public comments regarding the
extension of this information collection. No comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
MSHA does not provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis
for the assurance in statute, regulations, or agency policy.
Operators are given no assurances of confidentiality. However, the records of
individual exposure to radon daughters that are submitted to MSHA are covered by a
Privacy Act Systems of Records Notice published in the Federal Register (Vol. 58, No.
183, Thursday, September 23, 1993). The records are stored in locked file cabinets and
are accessible only to authorized personnel during working hours.
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are commonly
considered private. This justification should include the reasons why the agency
considers the questions necessary, the specific uses to be made of the information,
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the explanation to be given to persons from whom the information is requested, and
any steps to be taken to obtain their consent.
There are no such questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The
statement should:
•

Indicate the number of respondents, frequency of response, annual hour
burden, and an explanation of how the burden was estimated. Unless directed
to do so, agencies should not conduct special surveys to obtain information on
which to base house burden estimates. Consultation with a sample (fewer
than 10) of potential respondents is desirable. If the hour burden on
respondents is expected to vary widely because of differences in activity, size,
or complexity, show the range of estimated hour burden, and explain the
reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.

•

If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens in Item 13 of
OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate
categories. The cost of contracting out or paying outside parties for
information collection activities should not be included here. Instead, this
cost should be included in Item 14.

Based on the actual number of radon reports received for 2006, the potential respondent
universe is approximately 2 underground uranium mine operators. Therefore, MSHA’s
estimates are based on 2 mine operators being required to sample and keep records on a
weekly basis. Standard 57.5037 requires operators to take air samples for
concentrations of radon daughters and to keep records of the results of the samples.
Based on the results of the air samples, Standard 57.5040 requires the operator to
calculate and record individual miners’ exposure to radon daughter concentrations.
Calculations are performed on a weekly basis and the results are reported to MSHA
annually. MSHA health specialists estimate that 5 hours will be spent on sampling, 1.5
hours will be spent on recordkeeping and 1.25 hours on performing calculations and
recording the results, per week, per mine, 50 weeks per year. Salaries used are based
upon data from the U.S. Metal & Industrial Mineral Mine Salaries, Wages, & Benefits 2004 Survey Results, for metal and nonmetal supervisors and clerical personnel.

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Sampling:
2 mines x 50 wks x 5 hrs
500 hours x $47.10 hr

=
500 hrs.
= $23,550

Recording results of air samples:
2 mines x 50 wks x 1.5 hrs.
150 hours x $22.17 hr.

=
150 hrs.
= $3,326

The burden for calculating and reporting individual miner’s exposure to radon
daughter concentrations is estimated at:
2 mines x 50 wks. X 1.25 hours
125 hours x $47.10/hr

=
125 hrs.
= $5,888

Clerical to prepare annual report for MSHA:
2 mines x 50 wks. x 0.25
25 hours x $22.17/hr

=
25 hrs.
= $ 554

TOTAL HOUR BURDEN:
TOTAL HOUR COST BURDEN

800 hrs.
$33,318

The reporting burden is estimated to be minimal and is based on the average salary of a
miner properly trained to accomplish the required tests. Clerical work is calculated
using the average salary of a clerical employee trained to perform the required
paperwork.
13. Provide an estimate of the total annual cost burden to respondents or
recordkeepers resulting from the collection of information. (Do not include the cost
of any hour burden shown in Items 12 and 14).
•

The cost estimate should be split into two components: (a) a total capital and
start –up cost component (annualized over its expected useful life); and (b) a
total operation and maintenance and purchase of services component. The
estimates should take into account costs associated with generating,
maintaining, and disclosing or providing the information. Include
descriptions of methods used to estimate major cost factors including system
and technology acquisition, expected useful life of capital equipment, the
discount rate(s), and the time period over which costs will be incurred. Capital
and start-up costs include, among other items, preparations for collecting

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information such as purchasing computers and software; monitoring,
sampling, drilling and testing equipment; and record storage facilities.
•

If cost estimates are expected to vary widely, agency should present ranges of
cost burdens and explain the reasons for the variance. The cost of purchasing
or contracting out collection services should be a part of this cost burden
estimate. In developing cost burden estimates, agencies may consult with a
sample of respondents (fewer than 10), utilize the 60 day pre-OMB submission
public comment process and use existing economic or regulatory impact
analysis associated with the rulemaking containing the information collection,
as appropriate.

•

Generally, estimates should not include purchases of equipment or services, or
portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory
compliance with requirements not associated with the information collection,
(3) for reasons other than to provide information or keep records for the
government, or (4) as part of customary and usual business or private practices.

Because the records are maintained by the mine operator, there are no additional
costs associated with this burden other than those described above.
14. Provide estimates of annualized cost to the Federal government. Also, provide
a description of the method used to estimate cost, which should include
quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff), and any other expense that would not have been
incurred without this collection of information. Agencies also may aggregate cost
estimates from Items 12, 13, and 14 in a single table.
Based on the number of reporting mines (estimated at 2 mines) in Item 12 above,
MSHA is estimating 8 hours (2 mines at 4 hours per mine annually) to perform data
analysis. Estimated cost is based on a GS-12/5 Mine Safety and Health Inspector
salary at the average rate of $30.57 per hour for a total of $245.00 cost per year to the
Government.
15. Explain the reasons for any program changes or adjustments reporting in
Items 13 or 14 of the OMB Form 83-I.
The number of hours, responses, respondents and costs remain the same.
16. For collections of information whose results will be published, outline plans
for tabulation, and publication. Address any complex analytical techniques that
will be used. Provide the time schedule for the entire project, including
beginning and ending dates of the collection of information, completion of report,
publication dates, and other actions.
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Statistical analysis of exposure data is performed in-house by MSHA. Publication of
the collected data per se is not contemplated. Disclosure of the data is consolidated
and summary form will be published in annual reports on Metal and Nonmetal
Mine Safety and Health.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
MSHA is not seeking approval to not display the expiration date for OMB approval
of this information collection on MSHA Form 4000-9.
18. Explain each exception to the certification statement identified in Item 19,
“Certification for Paperwork Reduction Act Submission,” of OMB 83-I.
There are no exceptions to the certification statement.
B. Collection of Information Employment Statistical Methods
As statistical analysis is not required by the regulation, questions 1 through 5 do not
apply.

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Federal Mine Safety & Health Act of 1977, Public Law 91-173,
As amended by Public Law 95-164
AN ACT
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103(c) The Secretary, in cooperation with the Secretary of Health, Education,
and Welfare, shall issue regulations requiring operators to maintain accurate records
of employee exposures to potentially toxic materials or harmful physical agents
which are required to be monitored or measured under any applicable mandatory
health or safety standard promulgated under this Act. Such regulations shall provide
miners or their representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof. Such regulations shall also
make appropriate provisions for each miner or former miner to have access to such
records as will indicate his own exposure to toxic materials or harmful physical
agents. Each operator shall promptly notify any miner who has been or is being
exposed to toxic materials or harmful physical agents in concentrations or at levels
which exceed those prescribed by an applicable mandatory health or safety standard
promulgated under section 101, or mandated under title II, and shall inform any
miner who is being thus exposed of the corrective action being taken.

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[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR57.5037]
[Page 346-347]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 57_SAFETY AND HEALTH STANDARDS_UNDERGROUND METAL AND
NONMETAL MINES
--Table of Contents
Subpart D_Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter
Sec. 57.5037 Radon daughter exposure monitoring.
(a) In all mines at least one sample shall be taken in exhaust mine
air by a competent person to determine if concentrations of radon
daughters are present. Sampling shall be done using suggested equipment
and procedures described in section 14.3 of ANSI N13.8-1973, entitled
``American National Standard Radiation Protection in Uranium Mines,''
approved July 18, 1973, pages 13-15, by the American National Standards
Institute, Inc., which is incorporated by reference and made a part of
the standard or equivalent procedures and equipment acceptable to the
Administrator, MSHA Metal and Nonmetal Mine Safety and Health district
office. This publication may be examined at any Metal and Nonmetal Mine
Safety and Health Subdistrict Office of the Mine Safety and Health
Administration, or may be obtained from the American National Standards
Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036;
http://www.ansi.org. The mine operator may request that the required
exhaust mine air sampling be done by the Mine Safety and Health
Administration. If concentrations of radon daughters in excess of 0.1 WL
are found in an exhaust air sample, thereafter-(1) Where uranium is mined--radon daughter concentrations
representative of worker's breathing zone shall be determined at least
every two weeks at random times in all active working areas such as
stopes, drift headings, travelways, haulageways, shops, stations, lunch

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rooms, magazines, and any other place or location where persons work,
travel, or congregate. However, if concentrations of radon daughters are
found in excess of 0.3 WL in an active working area, radon daughter
concentrations thereafter shall be determined weekly in that working
area until such time as the weekly determinations in that area have been
0.3 WL or less for 5 consecutive weeks.
(2) Where uranium is not mined--when radon daughter concentrations
between 0.1 and 0.3 WL are found in an active working area, radon
daughter concentration measurements representative of worker's breathing
zone shall be determined at least every 3 months at random times until
such time as the radon daughter concentrations in that area are below
0.1 WL, and annually thereafter. If concentrations of radon daughters
are found in excess of 0.3 WL in an active working area radon daughter
concentrations thereafter shall be determined at least weekly in that
working area until such time as the weekly determinations in that area
have been 0.3 WL or less for 5 consecutive weeks.
[[Page 347]]
(b) If concentrations of radon daughters less than 0.1 WL are found
in an exhaust mine air sample, thereafter:
(1) Where uranium is mined--at least one sample shall be taken in
the exhaust mine air monthly.
(2) Where uranium is not mined--no further exhaust mine air sampling
is required.
(c) The sample date, locations, and results obtained under (a) and
(b) above shall be recorded and retained at the mine site or nearest
mine office for at least two years and shall be made available for
inspection by the Secretary or his authorized representative.
[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 71
FR 16667, Apr. 3, 2006]

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[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR57.5040]
[Page 347-348]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 57_SAFETY AND HEALTH STANDARDS_UNDERGROUND METAL AND
NONMETAL MINES
--Table of Contents
Subpart D_Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter
Sec. 57.5040 Exposure records.
(a) The operator shall calculate and record complete individual
exposures to concentrations of radon daughters as follows:
(1) Where uranium is mined--the complete individual exposures of all
mine personnel working underground shall be calculated and recorded.
These records shall include the individual's time in each active working
area such as stopes, drift headings, travelways, haulageways, shops,
stations, lunch rooms, magazines and any other place or location where
persons work, travel or congregate, and the concentration of airborne
radon daughters for each active working area.
(2) Where uranium is not mined--the complete individual exposure of
all mine personnel working in active working areas with radon daughter
concentrations in excess of 0.3 WL shall be calculated and recorded.
These records shall include the individual's time in each active working
area and the concentrations of airborne radon daughters for each active
working area. The operator may discontinue calculating and recording the
individual exposures of any personnel assigned to work in active working
areas where radon daughter concentrations have been reduced to 0.3 WL or
less for 5 consecutive weeks provided that such exposure calculation and
recordation shall not be discontinued with respect to any person who has
accumulated more exposure than \1/12\ (one-twelfth) of a WLM times the
number of months for which exposures have been calculated and recorded
in the calendar year in which the exposure calculation and recordation
is proposed to be discontinued.
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(b) The operator shall maintain the form entitled ``Record of
Individual Exposure to Radon Daughters'' (Form 4000-9), or equivalent
forms that are acceptable to the Administrator, Metal and Nonmetal Mine
Safety and Health, Mine Safety and Health Administration, on which there
shall be recorded the specific information required by the form with
respect to each person's time-weighted current and cumulative exposure
to concentrations of radon daughters.
(1) The form entitled ``Record of Individual Exposure to Radon
Daughters'' (Form 4000-9), shall consist of an original of each form for
the operator's records which shall be available for examination by the
Secretary or his authorized representative.
(2) On or before February 15 of each calendar year, or within 45
days after the shutdown of mining operations for the calendar year, each
mine operator shall submit to the Mine Safety and Health Administration
a copy of the ``Record of Individual Exposure to Radon Daughters'' (Form
4000-9), or acceptable equivalent form, showing the data required by the
form for all personnel for whom calculation and recording of exposure
was required during the previous calendar year.
(3) Errors detected by the operator shall be corrected on any forms
kept by the operator and a corrected copy of any forms submitted to the
Mine Safety and Health Administration shall be submitted to the Mine
Safety and Health Administration within 60 days
[[Page 348]]
of detection and shall identify the errors and indicate the date the
corrections are made.
(4) The operator's records of individual exposure to concentrations
of radon daughters and copies of ``Record of Individual Exposure to
Radon Daughters'' (Form 4000-9) or acceptable equivalent form or true
legible facsimiles thereof (microfilm or other), shall be retained at
the mine or nearest mine office for a period as specified in paragraph
9.8, ANSI N13.8-1973, or shall be submitted to the Mine Safety and
Health Administration. These records, if retained by the operator, shall
be open for inspection by the Secretary of Labor, his authorized
representative, and authorized representatives of the official mine
inspection agency of the State in which the mine is located. Paragraph
9.8, ANSI N13.8-1973, is incorporated by reference and made a part of
this standard. ANSI N13.8-1973 may be examined at any Metal and Nonmetal
Mine Safety and Health District Office of the Mine Safety and Health
Administration, and may be obtained from the American National Standards
Institute, Inc., at 25 W. 43rd Street, 4th Floor, New York, NY 10036;
http://www.ansi.org.
(5) Upon written request from a person who is a subject of these
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records, a statement of the year-to-date and cumulative exposure
applicable to that person shall be provided to the person or to whomever
such person designates.
(6) The blank form entitled ``Record of Individual Exposure to Radon
Daughters'' (Form 4000-9) may be obtained on request from any MSHA Metal
and Nonmetal Mine Safety and Health district office.
Note: To calculate an individual's exposure to WLM for a given
period of time, multiply the total exposure time (hours to the nearest
half-hour) in an active working area by the average concentration of
airborne radon daughters for the applicable active working area (average
working level calculated to the nearest hundredth working level) and
divide the product by the constant 173 hours per month.
An average airborne radon daughter concentration for a designated
active working area shall be determined by averaging all sampling
results for that working area during the time that persons are present.
Any sample taken by Federal or State mine inspectors, which represents
exposure to miners and reported to the operator within three days of
being taken, shall be included in the average concentration; except that
if the mine operator samples simultaneously with the inspector, he may
use his own sample results.
[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]

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