Program to Prevent Smoking in Hazardous Areas of Underground Coal Mines

Forms and Documents

Document Name	Status
1219-0041 Supporting Statement 2026.docx Supporting Statement A	2026-01-29
1219-0041 60-Day FRN Published 9-25-2025.pdf Supplementary Document	2025-09-26

IC Document Collections

IC ID	Document Title	Status
14402	Program to Prevent Smoking in Hazardous Areas	Modified

ICR Details

OMB Control No: 1219-0041	ICR Reference No: 202506-1219-001
Status: Received in OIRA	Previous ICR Reference No: 202210-1219-002
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Program to Prevent Smoking in Hazardous Areas of Underground Coal Mines
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/04/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2026
Responses	25	20
Time Burden (Hours)	13	10
Cost Burden (Dollars)	0	0

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Abstract: Regulations 30 CFR Section 75.1702 prohibits persons from smoking or carrying smoking materials underground or in places where there is a fire or explosion hazard. Section 75.1702-1 requires a mine operator to submit a smoking prevention plan to MSHA for approval.

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Authorizing Statute(s): US Code: 30 USC 813(h) Name of Law: Federal Mine Safety & Health Act of 1977
   US Code: 30 USC 811 Name of Law: Federal Mine Safety & Health Act of 1977
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 46263	09/25/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 4953	02/03/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Program to Prevent Smoking in Hazardous Areas

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	25	20	0	0	5	0
Annual Time Burden (Hours)	13	10	0	0	3	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Number of Respondents: The estimated number of respondents increased from 20 to 24 due to an increase in number of underground coal mines with new or revised smoking prevention programs. Number of Responses: The estimated number of responses increased from 20 to 25 due to an increase in the number of respondents. Annual Time Burden: The estimated annual time burden increased from 10 hours to 13 hours due to an increase in the number of responses. Annual Costs to Respondents or Recordkeepers: The estimated annual burden cost to respondents or recordkeepers remains unchanged at $0.

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Annual Cost to Federal Government: $4,127

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

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Common Form ICR:  No

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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: 02/04/2026

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