Ventilation Plans, Tests, and Examinations in Underground Coal Mines
OMB Control Number: 1219-0088
OMB Expiration Date: 3/31/2025
Supporting Statement for
Ventilation Plans, Tests, and Examinations in Underground Coal Mines
Paperwork Reduction Act Submission
This information collection request (ICR) requests to extend, without change, a currently approved information collection.
OMB Control Number: 1219-0088
Information Collection Request Title: Ventilation Plans, Tests, and Examinations in Underground Coal Mines
Authority:
Part 75 - Mandatory Safety Standards - Underground Coal Mines
Subpart D - Ventilation
30 CFR 75.310 - Installation of main mine fans
30 CFR 75.312 - Main mine fan examinations and records
30 CFR 75.342 - Methane monitors
30 CFR 75.351 - Atmospheric monitoring systems
30 CFR 75.360 - Preshift examination at fixed intervals
30 CFR 75.361 - Supplemental examination
30 CFR 75.362 - On-shift examination
30 CFR 75.363 - Hazardous conditions and violations of mandatory health or safety standards; posting, correcting, and recording
30 CFR 75.364 - Weekly examination
30 CFR 75.370 - Mine ventilation plan; submission and approval
30 CFR 75.371 - Mine ventilation plan; contents
30 CFR 75.382 - Mechanical escape facilities
Collection Instrument(s): None
General Instructions
A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses or employ statistical methods” is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.
Specific Instructions
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.
Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act) as amended, 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (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 the statutory mandates to promote miners’ health and safety, MSHA requires the collection of information under the information collection request entitled Ventilation Plans, Tests, and Examinations in Underground Coal Mines. The information collection addressed by this notice is intended to ensure that required ventilation-related tests and examinations are made and that ventilation systems in underground coal mines are maintained.
Section 303(a) of the Mine Act, 30 U.S.C. 863(a), requires that all underground coal mines be ventilated by mechanical ventilation equipment installed and operated in a manner approved by an authorized representative of the Secretary and such equipment must be examined daily and a record be kept of such examination.
Underground coal mines present potentially harsh and hostile working environments. The mine 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 can result in fatalities from asphyxiation and explosions.
An underground mine is a series of tunnels that must be adequately ventilated with fresh air to provide a safe environment for miners. Methane and other noxious gases and dusts are liberated from the strata during blasting, operating diesel equipment, and other mining activities that 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 a 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 be operating at all times that miners are in the mine. Additionally, ground conditions are subject to frequent changes; thus, frequent 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 ventilation system or the safety of the miners are not occurring. These examination, reporting, and recordkeeping requirements found in 30 CFR 75.310, 75.312, 75.342, 75.351, 75.360, 75.361, 75.362, 75.363, 75.364, 75.370, 75.371, and 75.382 incorporate examinations of other critical aspects of the underground coal mine work environment, such as roof conditions and electrical equipment, that have historically caused numerous fatalities when not properly maintained or operated.
Installation of Main Mine Fans (30 CFR 75.310)
Maintaining proper ventilation is essential to miner safety. To ensure that ventilation systems are functioning properly, MSHA requires that main mine fan monitoring system records are continuously collected and reviewed on the surface by a responsible person designated by the operator with adequate communication channels, under 30 CFR 75.310(a)(4) and 30 CFR 75.310(c).
Under 30 CFR 75.310(a)(4), mine operators are required to equip each main mine fan with a pressure recording device or system. If a device or system other than a circular pressure recorder is used to monitor main mine fan pressure, the device or system must provide a continuous graph or continuous chart of the pressure as a function of time. At not more than 7-day intervals, a hard copy of the continuous graph or chart must be generated, or the record of the fan pressure must be stored electronically. When records of fan pressure are stored electronically, the system used to store these records must be secure and not susceptible to alteration and be capable of storing the required data. Records of the fan pressure must be retained at a surface location at the mine for at least 1 year and be made available for inspection by authorized representatives of the Secretary and the representative of miners.
Under 30 CFR 75.310(c), if a main mine fan monitoring system is used under section 75.312, the system must:
(1) record the mine ventilating pressure;
(2) monitor bearing temperature, revolutions per minute, vibration, electric voltage, and amperage;
(3) provide a printout of the monitored parameters, including the mine ventilating pressure within a reasonable period, not to exceed the end of the next scheduled shift during which miners are underground; and
(4) be equipped with an automatic device that signals when an electrical or mechanical deficiency exists in the monitoring system or a sudden increase or loss in mine ventilating pressure occurs.
Under 30 CFR 75.310(c)(5), the main mine fan monitoring system must provide monitoring, records, printouts, and signals required by paragraphs (c)(1) through (c)(4) at a surface location at the mine where a responsible person designated by the operator is always on duty and where signals from the monitoring system can be seen or heard while anyone is underground. This person must be provided with two-way communication with the working sections and workstations where persons are routinely assigned to work for the majority of a shift.
Main Mine Fan Examinations and Records (30 CFR 75.312)
Main mine fans are used in all underground coal mines and can move large volumes of air through mines to expel methane and other noxious gases. These main mine fan systems are integral to maintaining air quality to ensure miners’ health and safety.
II-1. Main Mine Fan Daily Examinations and Records (30 CFR 75.312(a) and (g)(1))
To ensure that main mine fans are functioning properly, each main mine fan and its components must be examined each day that the mine is operational, and the records must be documented.
Under 30 CFR 75.312(a), to assure their electrical and mechanical reliability, each main mine fan and its associated components, including devices for measuring or recording mine ventilation pressure, must be examined for proper operation by a trained person designated by the operator. Examinations of main mine fans must be made at least once each day that the fan operates, unless a fan monitoring system is used. No examination is required on any day when no one, including certified persons, goes underground, except that an examination must be completed prior to anyone entering the mine.
Under 30 CFR 75.312(g)(1), by the end of the shift on which the examination is made, persons making main mine fan examinations must record all uncorrected defects that may affect the operation of the fan that are not corrected by the end of that shift. Records must be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration so as to be secure and not susceptible to alteration.
II-2. Main Mine Fan at Use Examination and Records (30 CFR 75.312(b) and (g)(2))
Regular review of the fan monitoring system data is important to miner health and safety, so that any issues can be averted in a timely manner. A trained individual must review data on the main mine fan monitoring system daily, examine each main mine fan at least every seven days, create certified copies of the records, and make records of any malfunction that occurs. These are required under 30 CFR 75.312(b) and (g)(2).
Under 30 CFR 75.312(b)(1)(i), if a main mine fan monitoring system is used, a trained person designated by the operator must at least once each day review the data provided by the fan monitoring system to assure that the fan and the fan monitoring system are operating properly. No review is required on any day when no one, including certified persons, goes underground, except that a review of the data must be performed prior to anyone entering the underground portion of the mine. Data reviewed must include the fan pressure, bearing temperature, revolutions per minute, vibration, electric voltage, and amperage.
Under 30 CFR 75.312(b)(1)(ii), a trained person must at least every 7 days test the monitoring system for proper operation and examine each main mine fan and its associated components to assure electrical and mechanical reliability of main mine fans. Under 30 CFR 75.312(b)(2), if the monitoring system malfunctions, the malfunction must be corrected, or examined by a trained person as defined in 75.312(a).
Under 30 CFR 75.312(g)(2)(i), when a fan monitoring system is used in lieu of the daily fan examination, the certified copies of data produced by fan monitoring systems must be maintained separate from other computer-generated reports or data. Under 30 CFR 75.312(g)(2)(ii) a record must be made of any fan monitoring system malfunctions, electrical or mechanical deficiencies in the monitoring system and any sudden increase or loss in mine ventilating pressure. The record must be made by the end of the shift on which the review of the data is completed and must be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
II-3. Main Mine Fan Monthly Examination and Records (30 CFR 75.312(c), (d) and (g)(3))
To ensure that the automatic fan signal device and automatic doors on each main mine fan are working, mine operators must test these systems by those qualified to do so. This testing is required under 30 CFR 75.312(c) and (d), and the record of that test is required under 30 CFR 75.312(g)(3).
Under 30 CFR 75.312(c) and (d), at least every 31 days, the automatic fan signal device for each main mine fan and automatic closing doors in multiple main mine fan systems must be tested by stopping the fan. Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or repair work that cannot otherwise be made while the fan is operating, is permitted underground. Notwithstanding the provisions of section 75.311, underground power may remain energized during this test provided no one is underground. If the fan is not restarted within 15 minutes, underground power must be deenergized and no one is allowed to enter any underground area of the mine until the fan is restarted and an examination of the mine is conducted as described in paragraphs 75.360 (b) through (e) and the mine has been determined to be safe.
Under 30 CFR 75.312(g)(3), by the end of the shift on which the monthly test of the automatic fan signal device or the automatic closing doors is completed, persons making these tests must record the results of the tests. Records must be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
II-4. Certification (30 CFR 75.312(f)(1) and (f)(2))
Documentation of main mine fan examinations must be kept under 30 CFR 75.312(f)(1) along with documentation of the data review from the main mine fan monitoring system, under 30 CFR.312(f)(2).
Under 30 CFR 75.312(f)(1), persons making main mine fan examinations must certify by initials and date at the fan or another location specified by the operator that the examinations were made. Each certification must identify the main mine fan examined.
Under 30 CFR 75.312(f)(2), persons reviewing data produced by a main mine fan monitoring system must certify by initials and date on a printed copy of the data from the system that the review was completed. In lieu of certification on a copy of the data, the person reviewing the data may certify electronically that the review was completed. Electronic certification must be by handwritten initials and date in a computer system so as to be secure and not susceptible to alteration.
II-5. Retention Periods (30 CFR 75.312(h))
Mine records must be retained for at least one year so that issues can be properly investigated if needed. Under 30 CFR 75.312(h), records, including records of mine fan pressure and the certified copies of data produced by fan monitoring systems, must 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.
Methane Monitors (30 CFR 75.342(a))
Methane monitors are an important warning system throughout mines and must be installed and maintained in order to ensure miner safety.
Under 30 CFR 75.342(a)(1), MSHA approved methane monitors must be installed on
all face cutting machines, continuous miners, longwall face equipment, loading machines, and other mechanized equipment used to extract or load coal within the working place.
Under 30 CFR 75.342(a)(4), methane monitors must be maintained in permissible and proper operating condition and must be calibrated with a known air-methane mixture at least once every 31 days. To assure that methane monitors are properly maintained and calibrated, the operator must:
Use persons properly trained in the maintenance, calibration, and permissibility of methane monitors to calibrate and maintain the devices.
Maintain a record of all calibration tests of methane monitors. Records must be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
Retain the record of calibration tests for 1 year from the date of the test. Records must be retained at a surface location at the mine and made available for inspection by authorized representatives of the Secretary and the representative of miners.
Atmospheric Monitoring Systems (30 CFR 75.351)
Regular documentation of the atmospheric monitoring system is necessary, due to the importance of the atmospheric monitoring system (AMS) to miner safety and health. Regular maintenance and any signals or malfunctions must be recorded, and operators must be trained on an annual basis.
Under 30 CFR 75.351(o)(1), when an AMS is used to comply with 30 CFR 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), individuals designated by the mine operator must make the following records by the end of the shift in which the following event(s) occur:
If an alert or alarm signal occurs, a record of the date, time, location and type of sensor, and the cause for the activation.
If an AMS malfunctions, a record of the date, the extent and cause of the malfunction, and the corrective action taken to return the system to proper operation.
A record of the seven-day tests of alert and alarm signals; calibrations; and maintenance of the AMS must be made by the person(s) performing these actions.
Under 30 CFR 75.351(o)(2), the person entering the record must include their name, date, and signature in the record. Under 30 CFR 75.351(o)(3), the records required by this section must be kept either in a secure book that is not susceptible to alteration, or electronically in a computer system that is secure and not susceptible to alteration. These records must be maintained separately from other records and identifiable by a title, such as the ‘AMS log.’ Under 30 CFR 75.351(p), records must be retained for at least one year at a surface location at the mine and made available for inspection by miners and authorized representatives of the Secretary.
Under 30 CFR 75.351(q)(1), all AMS operators must be trained annually in the proper operation of the AMS, conducted as part of a miner's part 48 new miner training (30 CFR 48.5), experienced miner training (30 CFR 48.6), or annual refresher training (30 CFR 48.8). Recordkeeping requirements related to training records requirements are covered in two currently approved ICRs under:
OMB Control Number 1219-0009, Certificate of Training, which covers miners working in underground mines (30 CFR Part 48 Subpart A) and surface mines and surface areas of underground mines (30 CFR Part 48 Subpart B).
OMB Control Number 1219-0131, Training Plans, New Miner Training, Newly-hired Experienced Miner Training, which covers miners engaged in shell dredging or employed at sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mines (30 CFR Part 46).
Preshift Examinations at Fixed Intervals (30 CFR 75.360)
Examining the work area where miners will work or travel underground is imperative to establishing a safe work environment. In most cases, a work area must be examined by a certified person within 3 hours of the start of a shift, though there are exceptions. Documentation of hazardous conditions and any violations must be documented before any non-certified individuals enter the underground area.
Under 30 CFR 75.360(a)(1), except as provided in paragraph (a)(2) of this section, a certified person designated by the operator must make a preshift examination within 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work or travel underground. No person other than certified examiners may enter or remain in any underground area unless a preshift examination has been completed for the established 8-hour interval. The operator must establish 8-hour intervals of time subject to the required preshift examinations.
Under 30 CFR 75.360(a)(2), preshift examinations of areas where pumpers are scheduled to work or travel are not required prior to the pumper entering the areas if the pumper is a certified person and the pumper conducts an examination for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(11) of this section, tests for methane and oxygen deficiency, and determines if the air is moving in its proper direction in the area where the pumper works or travels. The examination of the area must be completed before the pumper performs any other work. A record of all hazardous conditions and violations of the mandatory health or safety standards found by the pumper must be made and retained in accordance with 30 CFR 75.363.
Under 30 CFR 75.360(b), the person conducting the preshift examination must examine for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(11) of this section, test for methane and oxygen deficiency, and determine if the air is moving in its proper direction at the locations described in sections 30 CFR 75.360(b)(1) through (10).
Under 30 CFR 75.360(f), at each working place examined, the person doing the preshift examination must certify by initials, date, and the time, that the examination was made. In areas required to be examined outby a working section, the certified person must certify by initials, date, and the time at enough locations to show that the entire area has been examined.
Under 30 CFR 75.360(g), a record of the results of each preshift examination, including a record of hazardous conditions and violations of the nine mandatory health or safety standards and their locations found by the examiner during each examination, and of the results and locations of air and methane measurements, must be made on the surface before any persons, other than certified persons conducting examinations required by this subpart, enter any underground area of the mine. The results of methane tests must be recorded as the percentage of methane measured by the examiner. The record must be made by the certified person who made the examination or by a person designated by the operator. If the record is made by someone other than the examiner, the examiner must verify the record by initials and date by or at the end of the shift for which the examination was made. A record must also be made by a certified person of the action taken to correct hazardous conditions and violations of mandatory health or safety standards found during the preshift examination. All preshift and corrective action records must be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The records required by this section must be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
Under 30 CFR 75.360(h), these records must be retained at a surface location at the mine for at least 1 year and be made available for inspection by authorized representatives of the Secretary and the representative of miners.
On-shift Examinations (30 CFR 75.362)
During periods of multiple shifts, several examinations must take place between shifts or shortly after a shift change. Examinations for respirable dust controls, hazardous conditions and violations of mandatory health or safety standards, methane and oxygen deficiency, and proper air movement must take place and be certified and countersigned by the mine foreman.
VI-1. On-shift Examinations for Hazardous Conditions (30 CFR 75.362(a)(1))
Under 30 CFR 75.362(a)(1), at least once during each shift, or more often if necessary for safety, a certified person designated by the operator must conduct an on-shift examination of each section where anyone is assigned to work during the shift and any area where mechanized mining equipment is being installed or removed during the shift. The certified person must check for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (a)(3) of this section, test for methane and oxygen deficiency, and determine if the air is moving in its proper direction.
VI-2. On-shift Examinations for Respirable Dust (30 CFR 75.362(a)(2))
Under 30 CFR 75.362(a)(2), a person designated by the operator must conduct an examination and record the results and the corrective actions taken to assure compliance with the respirable dust control parameters specified in the approved mine ventilation plan. In those instances when a shift change is accomplished without an interruption in production on a section, the examination must be made anytime within 1 hour after the shift change. In those instances when there is an interruption in production during the shift change, the examination must be made before production begins on a section. Deficiencies in dust controls must be corrected before production begins or resumes. The examination must include: Air quantities and velocities; water pressures and flow rates; excessive leakage in the water delivery system; water spray numbers and orientations; section ventilation and control device placement; roof bolting machine dust collector vacuum levels; scrubber air flow rate; work practices required by the ventilation plan; and any other dust suppression measures. Measurements of the air velocity and quantity, water pressure and flow rates are not required if continuous monitoring of these controls is used and indicates that the dust controls are functioning properly.
VI-3. Certification (30 CFR 75.362(g))
Documentation of on-shift examinations in belt haulage entries must be made and retained under 30 CFR 75.362(g).
Under 30 CFR 75.362(g)(1), the person conducting the on-shift examination in belt haulage entries must certify by initials, date, and time that the examination was made. The certified person must certify by initials, date, and the time at enough locations to show that the entire area has been examined.
Under 30 CFR 75.362(g)(2), the certified person directing the on-shift examination to assure compliance with the respirable dust control parameters specified in the approved mine ventilation plan must:
Certify by initials, 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; and
Verify, by initials and date, the record of the results of the examination required under (a)(2) of this section to assure compliance with the respirable dust control parameters specified in the mine ventilation plan. The verification must be made no later than the end of the shift for which the examination was made.
Under 30 CFR 75.362(g)(3), the mine foreman or equivalent mine official must countersign each examination record required under (a)(2) of this section after it is verified by the certified person under (g)(2)(ii) of this section, and no later than the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The record must be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
Under 30 CFR 75.362(g)(4), records must 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.
Supplemental Examination for Hazardous Conditions and Violations of Mandatory Health or Safety Standards (30 CFR 75.361 and 75.363)
Supplemental examinations must be made when violations and hazardous conditions are identified during regular examinations. Hazardous conditions that are identified must be posted with a danger sign until the conditions are corrected. Records of these incidents must be made by a certified individual or other authorized individual and must be kept for one year.
VII-1. Supplemental Examinations for Hazardous Conditions (30 CFR 75.361 and 75.363(a))
Under 30 CFR 75.361(a)(1), except for certified persons conducting examinations required by this subpart, within 3 hours before anyone enters an area in which a preshift examination has not been made for that shift, a certified person must examine the area for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (a)(2) of this section, determine whether the air is traveling in its proper direction and at its normal volume, and test for methane and oxygen deficiency.
Under 30 CFR 75.361(a)(2) supplemental examinations must include examinations to identify violations of the standards listed below: roof control; ventilation, methane; accumulations of combustible materials and application of rock dust; other safeguards, limited to maintenance of travelways along belt conveyors, off track haulage roadways, and track haulage, track switches, and other components for haulage; guarding moving machine parts; and maintenance of belt conveyor components.
Under 30 CFR 75.361(b), at each working place examined, the person making the supplemental examination must certify by initials, date, and the time, that the examination was made. In areas required to be examined outby a working section, the certified person must certify by initials, date, and the time at enough locations to show that the entire area has been examined.
Under 30 CFR 75.363(a), any hazardous condition found by the mine foreman or equivalent mine official, assistant mine foreman or equivalent mine official, or other certified persons designated by the operator for the purposes of conducting examinations under this subpart D ̶ Ventilation, must be posted with a conspicuous danger sign where anyone entering the areas would pass. A hazardous condition must be corrected immediately, or the area must remain posted until the hazardous condition is corrected. If the condition creates an imminent danger, everyone except those persons referred to in section 104(c) of the Mine Act must be withdrawn from the area affected to a safe area until the hazardous condition is corrected. Only persons designated by the operator to correct or evaluate the hazardous condition may enter the posted area. Any violation of a mandatory health or safety standard found during a preshift, supplemental, on-shift, or weekly examination must be corrected.
VII-2. Violations of Mandatory Health or Safety Standards (30 CFR 75.363(b))
Under 30 CFR 75.363(b), a record must be made of any hazardous condition and any violation of the nine mandatory health or safety standards found by the mine examiner. This record must be kept in a book maintained for this purpose on the surface at the mine. The record must be made by the completion of the shift on which the hazardous condition or violation of the nine mandatory health or safety standards is found and must include the nature and location of the hazardous condition or violation and the corrective action taken. This record is not required for shifts when no hazardous conditions or violations of the nine mandatory health or safety standards are found.
VII-3. Recordkeeping and Retention (30 CFR 75.363 (c) and (d))
Under 30 CFR 75.363(c), the record must be made by the certified person who conducted the examination or a person designated by the operator. If made by a person other than the certified person, the certified person must verify the record by initials and date by or at the end of the shift for which the examination was made. Records must be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The record must be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
Under 30 CFR 75.363(d), records must 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.
Weekly Examinations (30 CFR 75.364)
Weekly examinations are another component of keeping miners safe and healthy. Examinations of unsealed worked-out areas, must include the measurements of methane and oxygen concentrationsand other parameters such as air quantity. The results of the examinations must be recorded before the end of the shift during which they were performed. In addition, hazardous conditions examinations must take place weekly, and any hazardous conditions identified must be corrected immediately. If the hazard poses danger, all unnecessary individuals must be removed from the area. Finally, the records of these examinations must be recorded and certified.
VIII-1. Weekly Examination of Worked-Out Areas (30 CFR 75.364(a) and (h)
Under 30 CFR 75.364(a)(1), at least every 7 days, a certified person must examine unsealed worked-out areas where no pillars have been recovered by traveling to the area of deepest penetration; measuring methane and oxygen concentrations and air quantities and making tests to determine if the air is moving in the proper direction in the area. The locations of measurement points where tests and measurements will be performed must be included in the mine ventilation plan and must be adequate in number and location to assure ventilation and air quality in the area. Air quantity measurements must also be made where the air enters and leaves the worked-out area. An alternative method of evaluating the ventilation of the area may be approved in the ventilation plan.
Under 30 CFR 75.364(h), at the completion of any shift during which a portion of a weekly examination is conducted, a record of the results of each weekly examination, including a record of hazardous conditions and violations of the nine mandatory health or safety standards found during each examination and their locations, the corrective action taken, and the results and location of air and methane measurements, must be made. The results of methane tests must be recorded as the percentage of methane measured by the examiner. The record must be made by the person making the examination or a person designated by the operator. If made by a person other than the examiner, the examiner must verify the record by initials and date by or at the end of the shift for which the examination was made. The record must be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The records required by this section must be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
VIII-2. Weekly Examination of Hazardous Conditions (30 CFR 75.364(b) and (d))
Under 30 CFR 75.364(b), at least every 7 days, an examination for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(8) of this section must be made by a certified person designated by the operator at locations listed in paragraphs (b)(1) through (b)(7) of this section.
Under 30 CFR 75.364(d), hazardous conditions must be corrected immediately. If the condition creates an imminent danger, everyone except those persons referred to in section 104(c) of the Mine Act must be withdrawn from the area affected to a safe area until the hazardous condition is corrected. Any violation of the nine mandatory health or safety standards found during a weekly examination must be corrected.
VII-3. Certification, Recordkeeping and Retention (30 CFR 75.363 (g), (h), and (i))
Under 30 CFR 75.364(g), the person making the weekly examinations must certify by initials, date, and the time that the examination was made. Certifications and times must appear at enough locations to show that the entire area has been examined.
Under 30 CFR 75.364(i), records must 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.
Submission and Approval of Mine Ventilation Plan (30 CFR 75.370 and 75.371)
Mine operators must create a written ventilation plan for each mine to control methane and respirable dust. The written plan must be approved by the district manager along with any revisions. To best protect miners, the ventilation plan must be given to the representative of miners at least 5 days before submitting the plan and allowed feedback from the representative. Finally, the plan must be approved by the district manager and reviewed by MSHA every 6 months.
IX-1. Mine Ventilation Plans (30 CFR 75.370(a)(1) and (2))
Under 30 CFR 75.370(a)(1), the mine operator must develop and follow a ventilation plan approved by the district manager. The plan must be designed to control methane and respirable dust and must be suitable to the conditions and mining system at the mine. The ventilation plan must consist of two parts, the plan content as prescribed in 30 CFR 75.371 and the ventilation map with information as prescribed in section 75.372. Only that portion of the map which contains information required under 30 CFR 75.371 will be subject to approval by the district manager.
Under 30 CFR 75.370(a)(2), the proposed ventilation plan and any revision to the must be submitted in writing to the district manager. When revisions to a ventilation plan are proposed, only the revised pages, maps, or sketches of the plan need to be submitted. When required in writing by the district manager, the operator must submit a fully revised plan by consolidating the plan and all revisions in an orderly manner and by deleting all outdated material.
IX-2. Mine Ventilation Plan Contents for Diesel-Powered Equipment (30 CFR 75.371)
The contents of mine ventilation plan are described in detail in 30 CFR 75.371. Mine operators utilizing diesel-powered equipment in underground coal mines must submit to the appropriate MSHA District Manager a revised ventilation plan or appropriate amendments to the existing plan, in accordance with requirements in 30 CFR 75.325 (air quality) and 70.1900 (exhaust gas monitoring) for approval.
If diesel-powered equipment is used in underground coal mines, the mine ventilation plan must include the following information:
(1) The minimum quantity of air that will be provided during the installation and removal of mechanized mining equipment, the location where this quantity will be provided, and the ventilation controls that will be used (see 30 CFR 75.371(r)).
(2) Location where the air quantity will be maintained at the section loading point (see 30 CFR 75.371(tt)).
(3) Areas designated by the district manager where measurements of CO and NO2 concentrations will be made (see 30 CFR 75.371(ss)).
(4) Any additional location(s) required by the district manager where a minimum air quantity must be maintained for an individual unit of diesel-powered equipment. (see 30 CFR 75.371(uu)).
(5) The minimum air quantities that will be provided where multiple units of diesel-powered equipment are operated (see 30 CFR 75.371(vv)).
(6) The diesel-powered mining equipment excluded from the calculation under 30 CFR 75.325(g) (see 30 CFR 75.371(ww)).
(7) Action levels higher than the 50 percent level specified by 30 CFR 70.1900(c) (see 30 CFR 75.371(xx)).
IX-3. Miner Notification; Copies of Ventilation Plan Revisions 30 CFR 75.370
Under 30 CFR 75.370(a)(3), the mine operator must notify the representative of miners at least 5 days prior to submission of a mine ventilation plan and any revision to a mine ventilation plan. If requested, the mine operator must provide a copy to the representative of miners at the time of notification. In the event of a situation requiring immediate action on a plan revision, notification of the revision must be given, and if requested, a copy of the revision must be provided, to the representative of miners by the operator at the time of submittal. A copy of the proposed ventilation plan, and a copy of any proposed revision, submitted for approval must be made available for inspection by the representative of miners. A copy of the proposed ventilation plan, and a copy of any proposed revision, submitted for approval must be posted on the mine bulletin board at the time of submittal. The proposed plan or proposed revision must remain posted until it is approved, withdrawn or denied.
Under 30 CFR 75.370(b), following receipt of the proposed plan or proposed revision, the representative of miners may submit timely comments to the district manager, in writing, for consideration during the review process. A copy of these comments must also be provided to the operator by the district manager upon request.
Under 30 CFR 75.370(c), the district manager will notify the operator in writing of the approval or denial of approval of a proposed ventilation plan or proposed revision. A copy of this notification will be sent to the representative of miners by the district manager. If the district manager denies approval of a proposed plan or revision, the deficiencies of the plan or revision must be specified in writing and the operator will be provided an opportunity to discuss the deficiencies with the district manager.
Under 30 CFR 75.370(f), the approved ventilation plan and any revisions must be:
Provided upon request to the representative of miners by the operator following notification of approval;
Made available for inspection by the representative of miners; and
Posted on the mine bulletin board within 1 working day following notification of approval. The approved plan and revisions must remain posted on the bulletin board for the period that they are in effect.
IX-4. Ventilation Plan Reviewed by MSHA (30 CFR 75.370(g))
Under 30 CFR 75.370(g), the ventilation plan for each mine must be reviewed every 6 months by an authorized representative of the Secretary to assure that it is suitable to current conditions in the mine.
Mechanical Escape Facilities (30 CFR 75.382)
In order to ensure that mechanical escape facilities are operational, they must be equipped with certain controls, examined weekly during the daily examination (under 30 CFR 75.1400-3) by a certified person and documentation of that certification must be recorded.
Under 30 CFR 75.382(a), (b), and (c), mechanical escape facilities must be provided with overspeed, overwind, and automatic stop controls. Every mechanical escape facility with a platform, cage, or other device must be equipped with brakes that can stop the fully loaded platform, cage, or other device. Mechanical escape facilities, including automatic elevators, must be examined weekly. The weekly examination of this equipment may be conducted at the same time as a daily examination required by 30 CFR 75.1400-3. The weekly examination must include an examination of the headgear, connections, links and chains, overspeed and overwind controls, automatic stop controls, and other facilities. At least once each week, the hoist must be run through one complete cycle of operation to determine that it is operating properly.
Under 30 CFR 75.382(g), the person making the examination as required by paragraph (c) of this section must certify by initials, date, and the time that the examination was made. Certifications must be made at or near the facility examined.
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.
Each underground coal mine operator is required to keep records of preshift, supplemental, on-shift, and weekly examinations to ensure compliance with respirable dust control and hazardous condition parameters specified in the mine ventilation plan. These records are used by coal mine operators, miners, and State and Federal mine inspectors. The records provide notice to mine management and miners on the oncoming shift of mine conditions, identify hazards and violations of health or safety standards on working sections during the previous shift, and verify that proper ventilation is being maintained. The information is available to all interested persons at the mine to assure them that the integrity of the ventilation system is being maintained. MSHA inspectors use the records to determine that required tests and examinations are made and that systems used to ventilate underground coal mines are maintained.
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 existing burden. However, a computer-based main mine fan monitoring system can be used to reduce the daily required examination of the main mine fan to a weekly examination, thus reducing the associated recordkeeping burden. Also, in order to comply with the Government Paperwork Elimination Act, mine operators may make and or maintain these records in whatever method they choose, which may include utilizing computer technology to store the records electronically.
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.
The records are the results of tests and examinations conducted at individual mines by the mine operator. Similar examinations, tests, and records required by more than one section of subpart D of 30 CFR Part 75 can be conducted simultaneously.
Also, where similar tests and examinations are required by both a State agency and MSHA, the tests would be conducted simultaneously, and one record would be accepted by both agencies. MSHA has clarified that State approved examination record books are acceptable to be used for records required by MSHA.
5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
The information collection provisions apply to all mine operations, both large and small. Congress intended that the Secretary enforce the law at all mining operations within the Agency’s jurisdiction regardless of size and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Mine Act. [S. Rep. No. 95-181, 28 (1977)]. Section 103(e) of the Mine Act, 30 U.S.C. 813(e), directs the Secretary not to impose an unreasonable burden on small businesses when obtaining any information under the Mine Act. MSHA considered the burden on small mines when developing the collection. Hence, MSHA believes that these information collection requirements are imposed on all mining operations and do not have a significant impact on a substantial number of small business or other small entities.
6. Describe the consequence 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.
If this collection is not conducted or is conducted less frequently, miners could be exposed to hazards or violations of health and safety standards because of constantly changing mining conditions that develop as mining progresses. MSHA believes that the recordkeeping requirements for ventilation tests and examinations and violations of health and safety standards observed are the minimum necessary to ensure that mines are safe and adequately ventilated to protect miners’ health. Reductions in these requirements may result in the development of unsafe and unhealthy conditions, thus jeopardizing the health and safety of miners. Section 101(a)(9) of the Mine Act, 30 U.S.C. 811(a)(9) prohibits the Agency from reducing the protection given miners by any existing standard. The agency has clarified that once a ventilation plan is approved, the mine operator need only submit the revised pages or sketches of the plan when proposing revisions unless the District Manager has requested, in writing, that a fully revised plan be submitted.
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 document;
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 regulation, 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
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.
Conditions in underground coal mines change as mining progresses. Thus, the records in the ICR are required to be recorded and/or reported more frequently than quarterly.
Also, the mine operator is required to conduct examinations at various intervals in accordance with existing regulations. Under the Mine Act, violations of mandatory health and safety standards are required to be reported as they occur and are observed.
This collection of information is otherwise consistent with the guidelines in 5 CFR 1320.5.
8. If applicable, provide de a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 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.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
In accordance with 5 CFR 1320.8(d), MSHA will publish the proposed information collection requirements in the Federal Register, notifying the public that the information collection requirements are being reviewed in accordance with the Paperwork Reduction Act of 1995, and provided 60 days for the public to submit comments. MSHA published a 60-day Federal Register notice on October 9, 2024 (89 FR 81942). MSHA received no comments.
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, regulation, or agency policy.
There is no assurance of confidentiality provided to respondents. Records are maintained by the mine operator and reviewed by MSHA inspectors during routine inspections.
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, 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 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 hour 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.
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 under Item 13.
Respondents
In this section, an estimate is provided for the annual burden to underground mines for ventilation plans, tests, and examinations. All information related to quantities and inspection rates are estimated by MSHA Headquarters Enforcement Division based on field experience with different types of mining operations, sizes of mines, and the frequency of inspections dictated by statute. Mine operators provide MSHA Headquarters Enforcement Division the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.
Based on MSHA internal data, there were 225 underground coal mines in the calendar year 2023 affected by this information collection request (70 mines with 1-19 employees, 146 mines with 20-500 employees, and 9 mines with more than 500 employees). On average, there is 1 fan, 1 working section, and 1 shift per day at mines with 1-19 employees; 1.5 fans, 2.5 working sections, and 2 shifts per day at mines with 20-500 employees; and 1.5 fans, 2.5 working sections, and 3 shifts per day at mines with 501+ employees. There are an of average of 200 working days and 50 weeks of operation in mines with 1-19 employees; 300 working days and 52 weeks of operation in mines with 20-500 employees; and 350 working days and 52 weeks of operation in mines with 501+ employees. The burden hour estimates are based on the total number of weeks mines operate yearly, rather than on the average number of work weeks.
|
1-19 employees |
20-500 employees |
>500 employees |
Total |
Number of mines |
70 |
146 |
9 |
225 |
Number of fans |
1 |
1.5 |
1.5 |
N/A |
Number of working sections |
1 |
2.5 |
2.5 |
N/A |
Number of shifts |
1 |
2 |
3 |
N/A |
Number of working days |
200 |
300 |
350 |
N/A |
Number of weeks mines operate |
50 |
52 |
52 |
N/A |
Wage Rates Determinations1
MSHA used data from the May 2023 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates2 and adjusted the rates for benefits,3 wage inflation,4 and overhead costs.5 The occupations listed below in Table 12-1 are those that were determined to be relevant for the cost calculations.
Occupation |
NAICS Code |
Mean Wage Rate |
Benefit Multiplier |
Inflation Multiplier |
Overhead Cost Multiplier |
Loaded Hourly Wage Rate |
|
|
A |
B |
C |
D |
A x B x C x D |
Mine supervisor [a] |
212100 |
$52.49 |
1.465 |
1.027 |
1.01 |
$79.76 |
Clerk [b] |
212100 |
$22.81 |
1.465 |
1.027 |
1.01 |
$34.66 |
Miner [c] |
212100 |
$31.57 |
1.465 |
1.027 |
1.01 |
$47.97 |
Electrician [d] |
212100 |
$39.05 |
1.465 |
1.027 |
1.01 |
$59.34 |
Certified person [e] |
212100 |
$41.06 |
1.465 |
1.027 |
1.01 |
$62.39 |
Notes: MSHA uses the latest 4-quarter moving average 2023Q2-2024Q1 to determine that 31.8 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.465 = 1+(0.318/(1-0.318)). The inflation multiplier is determined by using the employment price index from the most current quarter, 2024Q1, divided by the base year and quarter of the OEWS employment and wage statistics, 2023Q2, for private industry workers in construction, extraction, farming, fishing, and forestry occupations, current dollar index. The inflation multiplier is 1.027 = 161.6/157.3. MSHA uses the overhead multiplier of 1.01.
[a] The Standard Occupation Codes (SOC) used for this occupation are (47-1011), (49-1011), (51-1011), and (53-1047).
[b] The SOCs used for this occupation are (43-3031), (43-3051), (43-3061), (43-5071), and (43-9061).
[c] The SOCs used for this occupation are (47-5000), (49-9043), (49-9071), (51-9021), and (53-7000).
[d] The SOC used for this occupation is (47-2111).
[e] The mean wage rate for this occupation is calculated as a weighted average (on total employment) of the 90th percentile wage rates of the mine supervisor, miner, and electrician occupations detailed above. The 90th percentile is used to account for the higher level of expertise and responsibility required of this position.
Hours Burden
Installation of Main Mine Fans (30 CFR 75.310(a))
Under 30 CFR 75.310, each mine is required to be ventilated by one or more main mine fans. This section sets forth requirements and specifications for the installation of main mine fans. Under 30 CFR 75.310(a)(4), mine operators are required to equip each main mine fan with a pressure recording device, which may be a part of a fan monitoring system, and to maintain the resulting records for one year.
The record, a pressure recording chart, will be generated an average of 50 weeks per year at mines with 1-19 employees, and every week (52 weeks per year) at mines with 20-500 employees and mines with 501+ employees. MSHA assumes that mines with 1-19 employees will have 1 mine fan, while mines with 20 or more employees will average 1.5 mine fans per mine. The number of responses per respondent is thus 50 for mines with 1-19 employees and 78 for mines with 20 or more employees. MSHA estimates that it takes 7 minutes per week to generate and maintain the record for each fan. A miner earning $47.97 per hour typically performs this task.
Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Installation of Main Mine Fans (30 CFR 75.310(a))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Recording Charts) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Mine fan pressure recording charts (Miner) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.12 |
408.33 |
$47.97 |
$19,587.75 |
20-500 employees |
146 |
78 |
11,388 |
0.12 |
1,328.60 |
$47.97 |
$63,732.94 |
501+ employees |
9 |
78 |
702 |
0.12 |
81.90 |
$47.97 |
$3,928.74 |
Subtotal (Rounded) |
225 |
|
15,590 |
|
1,819 |
|
$87,249 |
Main Mine Fan Examinations and Records (30 CFR 75.312)
II-1. Main Mine Fan Examination and Certification (30 CFR 75.312(a), (b), and (f))
Under 30 CFR 75.312(a) and (b), mine operators are required to conduct daily examinations on main mine fans not using a monitoring system to ensure electrical and mechanical reliability. For mines with a monitoring system, the data provided by the fan monitoring system must be reviewed at least once each day to assure that the fan and the fan monitoring system are operating properly. Fan examinations are not required on days when no one enters the mine. Although production may not occur, persons enter the mine for maintenance and examinations 240 days per year at mines with 1-19 employees, 365 days per year at mines with 20-500 employees, and 365 days at mines with 501+ employees. MSHA assumes that mines with 1-19 employees will have 1 mine fan, while mines with 20 or more employees will average 1.5 mine fans. The number of responses per respondent is thus 240 for mines with 1-19 employees and 547.5 for mines with 20 or more employees.
Under 30 CFR 75.312(f)(1) and 75.321(f)(2), persons making main mine fan examinations must certify that the examinations were made. The fan examination certification time is estimated at 1 minute. A certified person earning $62.39 per hour typically performs this task.
Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Main Mine Fan Examination and Certification (30 CFR 75.312(a), (b), and (f))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Examinations) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Examining main mine fans (Certified person) |
|||||||
1-19 employees |
70 |
240.0 |
16,800 |
0.02 |
280.00 |
$62.39 |
$17,469.20 |
20-500 employees |
146 |
547.5 |
79,935 |
0.02 |
1,332.25 |
$62.39 |
$83,119.08 |
501+ employees |
9 |
547.5 |
4,928 |
0.02 |
82.13 |
$62.39 |
$5,124.30 |
Subtotal (Rounded) |
225 |
|
101,663 |
|
1,694 |
|
$105,713 |
II-2. Automatic Fan Signal Device Testing (30 CFR 75.312(c), (d), and (g)(3))
Under 30 CFR 75.312(c), the automatic fan signal device for each main mine fan must be tested at least once every 31 days. Under 30 CFR 75.312(d), automatic closing doors in multiple main mine fan systems must be tested at least once every 31 days. A record of these tests is required under 30 CFR 75.312(g)(3), taking 5 minutes per mine, done 12 times yearly. MSHA assumes that mines with 1-19 employees will have 1 mine fan, while mines with 20 or more employees will average 1.5 mine fans. The number of responses per respondent is thus 12 for mines with 1-19 employees and 18 for mines with 20 or more employees. This record can be performed by a certified person earning $62.39 per hour.
Table 12-4. Estimated Annual Respondent Hour and Cost Burden, Automatic Fan Signal Device Testing (30 CFR 75.312(c), (d), and (g)(3))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Tests) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Testing automatic fan signal device (Certified person) |
|||||||
1-19 employees |
70 |
12 |
840 |
0.08 |
70.00 |
$62.39 |
$4,367.30 |
20-500 employees |
146 |
18 |
2,628 |
0.08 |
219.00 |
$62.39 |
$13,663.41 |
501+ employees |
9 |
18 |
162 |
0.08 |
13.50 |
$62.39 |
$842.27 |
Subtotal (Rounded) |
225 |
|
3,630 |
|
303 |
|
$18,873 |
II-3. Records of Uncorrected Defects (30 CFR 75.312(g)(1) and (2))
Under 30 CFR 75.312(g)(1), a record of uncorrected defects found during an examination must be kept. Estimated recordkeeping is 5 minutes and MSHA estimates that 90 mines will have uncorrected defects requiring a record each month. This record can be performed by a certified person earning $62.39 per hour.
Under 30 CFR 75.312(g)(2)(ii), mines using monitoring systems to monitor fan pressure must make a record concerning monitoring system malfunctions and electrical or mechanical deficiencies, and any sudden increase or loss in mine ventilating pressure. MSHA estimates 20 mines will be required to make a record of monitoring system malfunctions. MSHA estimates the recordkeeping to take 10 minutes. This record can be performed by a certified person earning $62.39 per hour.
Table 12-5. Estimated Annual Respondent Hour and Cost Burden, Records of Uncorrected Defects (30 CFR 75.312(g)(1) and (2))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Defects) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Uncorrected defects (Certified person) |
90 |
12 |
1,080 |
0.08 |
90.00 |
$62.39 |
$5,615.10 |
Monitoring system malfunctions (Certified person) |
20 |
12 |
240 |
0.17 |
40.00 |
$62.39 |
$2,495.60 |
Subtotal (Rounded) |
110 |
|
1,320 |
|
130 |
|
$8,111 |
Recordkeeping requirements related to sealed areas, including installation sampling and monitoring, construction and repair, and training requirements in 30 CFR 75.335 through 75.339 are covered in a currently approved ICR under OMB Control Number 1219-0142, Sealing of Abandoned Areas.
Methane Monitors (30 CFR 75.342(a))
Under 30 CFR 75.342(a)(1), mine operators must install MSHA approved methane monitors on all face cutting machines, continuous miners, longwall face equipment, loading machines, and other mechanized equipment used to extract or load coal in the working place. In addition, methane monitors must be maintained in permissible and proper operating condition and be calibrated with a known methane-air mixture at least once every 31 days. Under 30 CFR 75.342(a)(4)(ii) and (iii), operators are required to keep records of calibration tests for 1 year from the date of the test. Estimated time to make a record is 5 minutes per month for mines with 1-19 employees, and 8 minutes for mines with 20-500 and 501+ employees. The record can be made by a qualified electrician earning $59.34 per hour.
Table 12-6. Estimated Annual Respondent Hour and Cost Burden, Methane Monitors (30 CFR 75.342(a))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Calibration Tests) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Calibrating test records (Electrician) |
|||||||
1-19 employees |
70 |
12 |
840 |
0.08 |
70.00 |
$59.34 |
$4,153.80 |
20-500 employees |
146 |
12 |
1,752 |
0.13 |
233.60 |
$59.34 |
$13,861.82 |
501+ employees |
9 |
12 |
108 |
0.13 |
14.40 |
$59.34 |
$854.50 |
Subtotal (Rounded) |
225 |
|
2,700 |
|
318 |
|
$18,870 |
Under 30 CFR 75.351(o), when an atmospheric monitoring system is used to comply with 30 CFR 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), individuals designated by the mine operator must make the following records by the end of the shift in which the following event(s) occur:
If an alert or alarm signal occurs, a record of the date, time, location and type of sensor, and the cause for the activation.
If an AMS malfunctions, a record of the date, the extent and cause of the malfunction, and the corrective action taken to return the system to proper operation.
A record of the seven-day tests of alert and alarm signals; calibrations; and maintenance of the AMS must be made by the person(s) performing these actions.
It is estimated that 32 mines have these monitoring systems averaging 7 alarm activations annually. MSHA estimates that it will take 2 minutes to make a record of the occurrence. The record can be made by a certified person earning $62.39 per hour.
Table 12-7. Estimated Annual Respondent Hour and Cost Burden, Atmospheric Monitoring Systems (30 CFR 75.351(o))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Alarms) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Monitoring system examinations (Certified person) |
32 |
7 |
224 |
0.03 |
7.47 |
$62.39 |
$465.85 |
Subtotal (Rounded) |
32 |
|
224 |
|
7 |
|
$466 |
Preshift Examinations at Fixed Intervals (30 CFR 75.360)
Under 30 CFR 75.360(a)(1), preshift examinations are required to be conducted within 3 hours prior to the beginning of each shift. MSHA estimates that the number of workdays per year is: 200 days for mines with 1-19 employees; 300 days for mines with 20-500 employees; and 350 days for mines with 501+ employees. On average, a mine with 1-19 employees will conduct 1 examination per day, mines with 20-500 employees will conduct 2 examinations per day, and mines with 501+ employees will conduct 3 examinations per day. The number of responses per respondent is thus 200 for mines with 1-19 employees, 600 for mines with 20-500 employees, and 1,050 for mines with more than 500 employees.
Under 30 CFR 75.360(g) records of the results of preshift examinations, including hazardous conditions observed during the examinations and their locations, are required to be made. Mine operators are also required to record violations of mine specific mandatory health or safety standards found during these examinations. These mine standards represent the conditions or practices that, if uncorrected, present the greatest unsafe conditions and the most serious risks to miners. Records are also required to be made of the action taken to correct hazardous conditions and violations of the mine standards observed during the preshift examination.
MSHA estimates the recordkeeping activity to take 18 minutes per record in mines with 1-19 employees and 33 minutes per record in mines with 20 or more employees. Records are typically made by a certified person earning $62.39 per hour. Countersigning by the mine supervisor, earning $79.76 per hour, is required, and takes an estimated 5 minutes per record for mines with 1-19 employees, 10 minutes per record for mines with 20-500 employees, and 15 minutes per record for mines with 501+ or more employees.
Table 12-8. Estimated Annual Respondent Hour and Cost Burden, Preshift Examination at Fixed Intervals (30 CFR 75.360)
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Corrective Actions) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Correcting hazardous conditions (Certified person) |
|||||||
1-19 employees |
70 |
200 |
14,000 |
0.30 |
4,200.00 |
$62.39 |
$262,038.00 |
20-500 employees |
146 |
600 |
87,600 |
0.55 |
48,180.00 |
$62.39 |
$3,005,950.20 |
501+ employees |
9 |
1,050 |
9,450 |
0.55 |
5,197.50 |
$62.39 |
$324,272.03 |
Countersigning (Mine supervisor) |
|||||||
1-19 employees |
70 |
200 |
14,000 |
0.08 |
1,166.67 |
$79.76 |
$93,053.33 |
20-500 employees |
146 |
600 |
87,600 |
0.17 |
14,600.00 |
$79.76 |
$1,164,496.00 |
501+ employees |
9 |
1,050 |
9,450 |
0.25 |
2,362.50 |
$79.76 |
$188,433.00 |
Subtotal (Rounded) |
225 |
|
222,100 |
|
75,707 |
|
$5,038,243 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out both activities.
On-shift Examination (30 CFR 75.362)
VI-1. On-shift Examination for Hazardous Conditions
The recordkeeping requirement for hazardous conditions and violations of the mine mandatory health or safety standards found during on-shift examinations under 30 CFR 75.362(a)(1) are accounted for in 30 CFR 75.363. The records that are accounted under 30 CFR 75.363 pertain to records recorded in a mine’s book in accordance with 30 CFR 75.363(b).
Recordkeeping requirements under 30 CFR 75.362(g)(1), 75.362(g)(3) and (g)(4) pertain to violations under 75.362(a)(3)(i)-(vi). Under 30 CFR 75.362(g)(1), mine operators are required to have a certified person certify by initials, date, and time the examination was made and at enough locations to show the entire area has been examined for hazards under 30 CFR 75.362(a)(3)(i)-(vi), and in accordance with the recordkeeping requirements of 30 CFR 75.362(g)(1), 75.362(g)(3) and (g)(4). The estimated burden of this recordkeeping required under 30 CFR 75.362(g)(1), 75.362(g)(3) and (g)(4) are shown below.
These requirements include that a person designated by the operator must conduct an examination and record the results and the corrective actions taken to ensure compliance with 30 CFR 75.362(a)(3). The examinations are made on the sections and these sections include MMUs.
MSHA estimates that a certified person earning $62.39 per hour, takes 3 minutes to make a record of the examination for the average mine in all mine sizes. MSHA estimates that there are 43 MMUs in mines with 1-19 employees, which average 1 shift per day; 360 MMUs in mines with 20-500 employees, which average 2 shifts per day; and 62 MMUs in mines with more than 500 employees, which average 3 shifts per day. Records of the examinations will need to be made of these shifts each working day. MSHA estimates that the number of workdays per year is: 200 days for mines with 1-19 employees; 300 days for mines with 20-500 employees; and 350 days for mines with 501+ employees.
Table 12-9a. On-shift Examination [for Hazardous Conditions] Calculations (30 CFR 75.362)
Activity (Occupation) |
Number of MMUs |
Number of Shifts per Day |
Number of Days per Year |
Number of Records |
|
Recording examination results (Certified person) |
|||||
1-19 employees |
43 |
1 |
200 |
8,600 |
|
20-500 employees |
360 |
2 |
300 |
216,000 |
|
500+ employees |
62 |
3 |
350 |
65,100 |
|
Countersigning (Mine supervisor) |
|||||
1-19 employees |
43 |
1 |
200 |
8,600 |
|
20-500 employees |
360 |
2 |
300 |
216,000 |
|
500+ employees |
62 |
3 |
350 |
65,100 |
|
Under 30 CFR 75.362(g)(3), that at each mine the mine supervisor (foreman) or equivalent official must countersign each examination record under 30 CFR 75.362(a)(3) after it is certified by a certified person in accordance with 30 CFR 75.362(g)(2)(ii). MSHA estimates that it takes 1 minute for a mine supervisor or equivalent mine official earning $79.79 per hour to review and countersign the record.
Table 12-9b. Estimated Annual Respondent Hour and Cost Burden, On-shift Examination [for Hazardous Conditions] (30 CFR 75.362)(a)(1)
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Records) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Recording examination results (Certified person) |
|||||||
1-19 employees |
70 |
122.9 |
8,600 |
0.05 |
430.00 |
$62.39 |
$26,827.70 |
20-500 employees |
146 |
1,479.5 |
216,000 |
0.05 |
10,800.00 |
$62.39 |
$673,812.00 |
500+ employees |
9 |
7,233.3 |
65,100 |
0.05 |
3,255.00 |
$62.39 |
$203,079.45 |
Countersigning (Mine supervisor) |
|||||||
1-19 employees |
70 |
122.9 |
8,600 |
0.02 |
143.33 |
$79.76 |
$11,432.27 |
20-500 employees |
146 |
1,479.5 |
216,000 |
0.02 |
3,600.00 |
$79.76 |
$287,136.00 |
500+ employees |
9 |
7,233.3 |
65,100 |
0.02 |
1,085.00 |
$79.76 |
$86,539.60 |
Subtotal (Rounded) |
225 |
|
579,400 |
|
19,313 |
|
$1,288,827 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out both activities.
VI-2. On-shift Examination for Respirable Dust
Under 30 CFR 75.362(a)(2), a person designated by the operator must conduct an examination and record the results and the corrective actions taken to assure compliance with the respirable dust control parameters specified in the mine ventilation plan. MSHA estimates that on average, there is 1 fan, 1 working section, and 1 shift per day at mines with 1-19 employees; 1.5 fans, 2.5 working sections, and 2 shifts per day at mines with 20-500 employees; 1.5 fans, 2.5 working sections, and 3 shifts per day at mines with 501+ employees. Additionally, MSHA estimates that there are 43 MMUs in mines with 1‑19 employees, which average 1 shift per day; 360 MMUs in mines with 20‑500 employees, which average 2 shifts per day; and 62 MMUs in mines with 501+ employees, which average 3 shifts per day. Records of the examinations will need to be made of these shifts each working day. MSHA estimates that the number of workdays per year is: 200 days for mines with 1‑19 employees; 300 days for mines with 20‑500 employees; and 350 days for mines with 501+ employees.
Table 12-10a. On-shift Examination [for Respirable Dust] Calculations (30 CFR 75.362)(a)(2)
Activity (Occupation) |
Number of MMUs |
Number of Shifts per Day |
Number of Days per Year |
Number of Records |
Recording examination results and corrective actions taken (Mine supervisor) |
||||
1-19 employees |
43 |
1 |
200 |
8,600 |
20-500 employees |
360 |
2 |
300 |
216,000 |
500+ employees |
62 |
3 |
350 |
65,100 |
Verifying records (Certified person) |
||||
1-19 employees |
43 |
1 |
200 |
8,600 |
20-500 employees |
360 |
2 |
300 |
216,000 |
500+ employees |
62 |
3 |
350 |
65,100 |
Countersigning (Mine Supervisor) |
||||
1-19 employees |
43 |
1 |
200 |
8,600 |
20-500 employees |
360 |
2 |
300 |
216,000 |
500+ employees |
62 |
3 |
350 |
65,100 |
MSHA estimates that a mine supervisor, earning $79.76 per hour, takes 3 minutes to make a record of the examination for the average mine in all mine sizes.
Under 30 CFR 75.362(g)(2)(i), the record required under 75.362(a)(2) must be certified by initials, 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. This standard does not add any additional burden because the record is already required under 30 CFR 75.362(a)(2).
Under 30 CFR 75.362(g)(2)(ii), records required under 30 CFR 75.362(a)(2) must be verified by initials, date, and time, by the certified person directing the on-shift examination. Under 30 CFR 75.362(g)(3), the mine supervisor (foreman) or equivalent official must countersign each examination record under 30 CFR 75.362(a)(2) after it is verified by a certified person in accordance with 30 CFR 75.362(g)(2)(ii). MSHA estimates that it takes 1 minute for a certified person earning $62.39 per hour to verify the record; and another 1 minute for a mine supervisor or equivalent mine official earning $79.76 per hour to review and countersign the record.
Table 12-10b. Estimated Annual Respondent Hour and Cost Burden, On-shift Examination [for Respirable Dust] (30 CFR 75.362(a)(2))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Examinations) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Recording examination results and corrective actions taken (Mine supervisor) |
|||||||
1-19 employees |
70 |
122.9 |
8,600 |
0.05 |
430.00 |
$79.76 |
$34,296.80 |
20-500 employees |
146 |
1,479.5 |
216,000 |
0.05 |
10,800.00 |
$79.76 |
$861,408.00 |
500+ employees |
9 |
7,233.3 |
65,100 |
0.05 |
3,255.00 |
$79.76 |
$259,618.80 |
Verifying records (Certified person) |
|||||||
1-19 employees |
70 |
122.9 |
8,600 |
0.02 |
143.33 |
$62.39 |
$8,942.57 |
20-500 employees |
146 |
1,479.5 |
216,000 |
0.02 |
3,600.00 |
$62.39 |
$224,604.00 |
500+ employees |
9 |
7,233.3 |
65,100 |
0.02 |
1,085.00 |
$62.39 |
$67,693.15 |
Countersigning (Mine Supervisor) |
|||||||
1-19 employees |
70 |
122.9 |
8,600 |
0.02 |
143.33 |
$79.76 |
$11,432.27 |
20-500 employees |
146 |
1,479.5 |
216,000 |
0.02 |
3,600.00 |
$79.76 |
$287,136.00 |
500+ employees |
9 |
7,233.3 |
65,100 |
0.02 |
1,085.00 |
$79.76 |
$86,539.60 |
Subtotal (Rounded) |
225 |
|
869,100 |
|
24,142 |
|
$1,841,671 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out multiple activities.
Supplemental examination for Hazardous Conditions and Violations of Mandatory Health or Safety Standards (30 CFR 75.361 and 75.363)
VII-1. Supplemental Examination for Hazardous Conditions (30 CFR 75.361 and 75.363(a))
Under 30 CFR 75.363(b), a record of any hazardous conditions found, including any found during examinations under 30 CFR 75.361 supplemental examinations and any violation of the mine mandatory health or safety standards found during 30 CFR 75.362 on-shift examinations, must be recorded by a certified person along with corrective actions taken to abate the conditions. This record must be countersigned by the mine supervisor. This record must be maintained in a secure book at the mine in accordance with 30 CFR 75.363(c). The time to record a hazard is estimated to be 5 minutes, and 3 minutes to countersign the record. The record can be made by a certified person earning $62.39 per hour and signed by the mine supervisor earning $79.76 per hour. MSHA estimates that 100 hazards per year will be recorded at mines with at least 20 employees and 50 hazards per year will be recorded in mines with fewer than 20 employees.
Under 30 CFR 75.361(a), a certified person is required to make a supplemental examination for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (a)(2) of that section before any person enters an area of the mine that has not had a preshift examined. Under 30 CFR 75.361(b), at each working place examined, the person making the supplemental examination must certify by initials, date, and the time, that the examination was made. MSHA estimates that it takes 1 minute for a certified person earning $62.39 per hour to make the certification.
Additionally, if a hazard is found or a violation of one or more of the mine specific health or safety standards is identified, then a record must be kept under 30 CFR 75.363.
Table 12-11. Estimated Annual Respondent Hour and Cost Burden, Supplemental Examination for Hazardous Conditions (30 CFR 75.361 and 75.363(a))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Hazardous Conditions) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Finding hazardous conditions (Certified person) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.08 |
291.67 |
$62.39 |
$18,197.08 |
20-500 employees |
146 |
100 |
14,600 |
0.08 |
1,216.67 |
$62.39 |
$75,907.83 |
501+ employees |
9 |
100 |
900 |
0.08 |
75.00 |
$62.39 |
$4,679.25 |
Countersigning (Mine supervisor) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.05 |
175.00 |
$79.76 |
$13,958.00 |
20-500 employees |
146 |
100 |
14,600 |
0.05 |
730.00 |
$79.76 |
$58,224.80 |
501+ employees |
9 |
100 |
900 |
0.05 |
45.00 |
$79.76 |
$3,589.20 |
Certifying examination (Certified person) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.02 |
58.33 |
$62.39 |
$3,639.42 |
20-500 employees |
146 |
100 |
14,600 |
0.02 |
243.33 |
$62.39 |
$15,181.57 |
501+ employees |
9 |
100 |
900 |
0.02 |
15.00 |
$62.39 |
$935.85 |
Subtotal (Rounded) |
225 |
|
57,000 |
|
2,850 |
|
$194,313 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out multiple activities.
VII-2. Violations of Mandatory Health or Safety Standards (30 CFR 75.363(b))
Under 30 CFR 75.363, operators must record any violations of mine mandatory health or safety standards found on supplemental and on-shift examinations and any corrective actions taken. The mandatory health and safety standards represent the conditions or practices that, if uncorrected, present the greatest unsafe conditions and the most serious risks to miners. The supplemental (30 CFR 75.361) and on-shift (30 CFR 75.362) standards contain recordkeeping requirements if a violation of any of the standards is found. During fiscal years 2021 through 2023, MSHA inspectors found an annual average of 12,057 violations of the mine standards MSHA believes these violations are most likely to be identified during preshift, supplemental, on-shift, and weekly examinations. Because conditions resulting in these violations can occur and require corrective action multiple times during the year (e.g., insufficient rock dust), MSHA multiplied the 12,057 violations found by MSHA inspectors by a factor of 1.5 to arrive at an estimated 18,085 violations. MSHA assumes that half of these violations - 9,043 violations - would be identified on the preshift (30 CFR 75.360) and weekly examinations (30 CFR 75.364) and the other half, 9,042 violations, would be identified on supplemental and on-shift examinations.
MSHA estimates that 80 percent of these (7,234 violations out of 9,043 violations) would be found during on-shift examinations and 20 percent (1,809 violations out of 9,043 violations) would be found during the supplemental examinations. MSHA estimates that it would take 3 minutes to record any violations identified and corrective actions taken. Mine supervisors earning $79.76 an hour perform on-shift exams and certified persons earning $62.39 perform supplemental exams.
Table 12-12. Estimated Annual Respondent Hour and Cost Burden, Violations of Mandatory Health or Safety Standards (30 CFR 75.363)
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Examinations) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
On-shift exams (Mine supervisor) |
225 |
32.2 |
7,234 |
0.05 |
361.70 |
$79.76 |
$28,849.19 |
Supplemental exams (Certified person) |
225 |
8.0 |
1,809 |
0.05 |
90.45 |
$62.39 |
$5,643.18 |
Subtotal (Rounded) |
225 |
|
9,043 |
|
452 |
|
$34,492 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out both activities.
Weekly Examination (30 CFR 75.364)
VIII-1. Weekly Examination of Worked-Out Areas (30 CFR 75.364(a) and (h))
Under 30 CFR 75.364(a), at least every 7 days, a certified person must examine unsealed worked-out areas where no pillars have been recovered by traveling to the area of deepest penetration; measuring methane and oxygen concentrations and air quantities and making tests to determine if the air is moving in the proper direction in the area.
Under 30 CFR 75.364(h), at the completion of any shift during which a portion of a weekly examination is conducted, a record of the results of each weekly examination, including a record of hazardous conditions and violations of the nine mandatory health or safety standards found during each examination and their locations, the corrective action taken, and the results and location of air and methane measurements, must be made.
MSHA estimates the time required to make the record to be 35 minutes per record in mines with 1-19 employees and 60 minutes per record in mines with 20 or more employees. Records are completed by a certified person earning $62.39 per hour. The time needed to review and countersign the record by a mine supervisor earning $79.76 per hour is 5 minutes per record at mines with 1-19 employees and 10 minutes per record at mines with 20 or more employees. MSHA also estimates that, on average, mines with 1-19 employees operate for 50 weeks out of the year and mines with 20+ employees operate 52 weeks out of the year.
Table 12-13. Estimated Annual Respondent Hour and Cost Burden, Weekly Examinations of Worked-Out Areas (30 CFR 75.364(a))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Examinations) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Weekly examinations (Certified person) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.58 |
2,041.67 |
$62.39 |
$127,379.58 |
20-500 employees |
146 |
52 |
7,592 |
1.00 |
7,592.00 |
$62.39 |
$473,664.88 |
501+ employees |
9 |
52 |
468 |
1.00 |
468.00 |
$62.39 |
$29,198.52 |
Countersigning (Mine supervisor) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.08 |
291.67 |
$79.76 |
$23,263.33 |
20-500 employees |
146 |
52 |
7,592 |
0.17 |
1,265.33 |
$79.76 |
$100,922.99 |
501+ employees |
9 |
52 |
468 |
0.17 |
78.00 |
$79.76 |
$6,221.28 |
Subtotal (Rounded) |
225 |
|
23,120 |
|
11,737 |
|
$760,651 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out both activities.
VIII-2. Weekly Examination of Hazardous Conditions (30 CFR 75.364(b) and (h))
Under 30 CFR 75.364(b), at least every 7 days, an examination for hazardous conditions and violations of the mandatory health or safety standards, as listed in 30 CFR 75.364(b)(8), must be made by a certified person designated by the mine operator. The mandatory health and safety standards represent the conditions or practices that, if uncorrected, present the greatest unsafe conditions and the most serious risks to miners.
Under 30 CFR 75.364(h), at the completion of any shift during which a portion of a weekly examination is conducted, a record of the results of each weekly examination, including a record of hazardous conditions and violations of the nine mandatory health or safety standards found during each examination and their locations, the corrective action taken, and the results and location of air and methane measurements, must be made.
MSHA estimates that it would take a certified person 3 minutes to record violations along with any corrective actions taken. A certified person conducting these examinations earns a wage of $62.39 per hour. MSHA also estimates that, on average, mines with 1-19 employees operate for 50 weeks out of the year and mines with 20+ employees operate 52 weeks out of the year.
Table 12-14. Estimated Annual Respondent Hour and Cost Burden, Weekly Examinations of Hazardous Conditions (30 CFR 75.364(b))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Examinations) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Weekly examinations (Certified person) |
|||||||
1-19 employees |
70 |
50 |
3,500 |
0.05 |
175.00 |
$62.39 |
$10,918.25 |
20-500 employees |
146 |
52 |
7,592 |
0.05 |
379.60 |
$62.39 |
$23,683.24 |
501+ employees |
9 |
52 |
468 |
0.05 |
23.40 |
$62.39 |
$1,459.93 |
Subtotal (Rounded) |
225 |
|
11,560 |
|
578 |
|
$36,061 |
Mine Ventilation Plan; Submission and Approval (30 CFR 75.370 and 75.371)
IX-1. Mine Ventilation Plans (30 CFR 75.370(a)(1) and (2))
Under 30 CFR 75.370, the mine operator must submit a proposed ventilation plan in writing to the District Manager for approval and that plan must be reviewed by MSHA every 6 months. However, once a ventilation plan is approved, the operator needs to submit only the revised pages, sketches, and drawings of the plan when proposing revisions, unless the District Manager requests in writing that the mine operator submit a new fully revised plan. The operator must update the plan as often as necessary to ensure that the plan is suitable to current conditions in the mine.
The mine operator must notify the representative of miners of any proposed and approved ventilation plan or plan revision, and upon request, provide a copy.
MSHA estimates that new ventilation plans will be developed and submitted in writing to the District Manager by new or newly active mines, which are estimated to be 6 percent of the total (4 mines with 1-19 employees, 9 mines with 20-500 employees, and 1 mine with more than 500 employees), and will each take 32 hours each. MSHA further estimates that all existing underground coal mines, including new mines, will submit 4 updates requiring 16 hours and 3 maps requiring 1 hour each. (Note: the 70 mines with 1-19 employees will generally contract out for this service and 155 mines with 20 or more employees will choose to have inhouse staff to update. The contract costs are included in question 13 below as a cost estimate, rather than here.)
New plans, plan revisions, and maps are prepared by a mine supervisor earning $79.76 per hour and copies are made by a clerical employee earning $34.66 per hour.
Under 30 CFR 75.370(b), following receipt of the proposed plan or proposed revision, the representative of miners may submit timely comments to the district manager, in writing, for consideration during the review process. A copy of these comments must also be provided to the operator by the district manager upon request. MSHA assumes this will rarely take place. The annual burden cost for this provision is thus assumed to be de minimis.
Under 30 CFR 75.370(c)(1), the district manager notifies the operator in writing of the approval or denial of approval of a proposed ventilation plan or proposed revision. A copy of this notification must be sent to the representative of miners by the district manager. MSHA assumes that mines with 1-19 employees will receive 2 such notifications from MSHA each year, while mines with 20 or more employees will receive 4 such notifications. MSHA estimates that a clerical employee earning $34.66 per hour will take 15 minutes to send a copy of this notification to the representative of miners for both proposed ventilation plans (only new mines: 6 percent of underground coal mines, equal to 4 mines with 1-19 employees, 9 mines with 20-500 employees, and 1 mine with more than 500 employees) or proposed revision (all underground coal mines).
Table 12-15. Estimated Annual Respondent Hour and Cost Burden, Mine Ventilation Plans (30 CFR 75.370)
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Documents) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
New plans (Mine supervisor) |
|||||||
20-500 employees |
9 |
1 |
9 |
32.00 |
288.00 |
$79.76 |
$22,970.88 |
501+ employees |
1 |
1 |
1 |
32.00 |
32.00 |
$79.76 |
$2,552.32 |
Plan revisions (Mine supervisor) |
|||||||
20-500 employees |
146 |
4 |
584 |
16.00 |
9,344.00 |
$79.76 |
$745,277.44 |
501+ employees |
9 |
4 |
36 |
16.00 |
576.00 |
$79.76 |
$45,941.76 |
Ventilation maps (Mine supervisor) |
|||||||
20-500 employees |
146 |
3 |
438 |
1.00 |
438.00 |
$79.76 |
$34,934.88 |
501+ employees |
9 |
3 |
27 |
1.00 |
27.00 |
$79.76 |
$2,153.52 |
Copies of new plans (Clerk) |
|||||||
20-500 employees |
9 |
1 |
9 |
0.25 |
2.25 |
$34.66 |
$77.99 |
501+ employees |
1 |
1 |
1 |
0.25 |
0.25 |
$34.66 |
$8.67 |
Copies of plan revisions (Clerk) |
|||||||
20-500 employees |
146 |
4 |
584 |
0.25 |
146.00 |
$34.66 |
$5,060.36 |
501+ employees |
9 |
4 |
36 |
0.25 |
9.00 |
$34.66 |
$311.94 |
Operators relaying notifications from MSHA for new plans (Clerk) |
|||||||
1-19 employees |
4 |
1 |
4 |
0.25 |
1.00 |
$34.66 |
$34.66 |
20-500 employees |
9 |
1 |
9 |
0.25 |
2.25 |
$34.66 |
$77.99 |
501+ employees |
1 |
1 |
1 |
0.25 |
0.25 |
$34.66 |
$8.67 |
Operators relaying notifications from MSHA for revised plans (Clerk) |
|||||||
1-19 employees |
70 |
2 |
140 |
0.25 |
35.00 |
$34.66 |
$1,213.10 |
20-500 employees |
146 |
4 |
584 |
0.25 |
146.00 |
$34.66 |
$5,060.36 |
501+ employees |
9 |
4 |
36 |
0.25 |
9.00 |
$34.66 |
$311.94 |
Subtotal (Rounded) |
225 |
|
2,499 |
|
11,056 |
|
$865,996 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out multiple activities.
IX-2. Mine Ventilation Plan Contents for Diesel-Powered Equipment (30 CFR 75.371)
Under 30 CFR 75.371(f), (j), (r), (kk), (ll), (mm), (nn), (oo), and (pp), certain information required in 30 CFR 75.325 and 70.1900 must be recorded in the mine operator's ventilation plan as required by 30 CFR 75.370. MSHA estimates that 29 mines annually will need to provide and record certain information with ventilation plans under 30 CFR 75.325 and 70.1900. MSHA estimates that the time required to record the additional information in the ventilation plan will be 15 minutes. The information is recorded by a mine supervisor earning $79.76 per hour.
Table 12-16. Estimated Annual Respondent Hour and Cost Burden, Mine Ventilation Plan Contents for Diesel-Powered Equipment (30 CFR 75.371)
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Additional Contents) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Additional ventilation plan contents (Mine supervisor) |
29 |
1 |
29 |
0.25 |
7.25 |
$79.76 |
$578.26 |
Subtotal (Rounded) |
29 |
|
29 |
|
6 |
|
$578
|
IX-3. Miner Notification and Copies of Ventilation Plan Revisions (30 CFR 75.370(a)(3) and (f))
Under 30 CFR 75.370(a)(3)(i) and (f)(1), underground coal mine operators are required to notify the miners’ representative at least 5 days prior to submission of a mine ventilation plan or plan revision for MSHA approval and, if requested, provide a copy of the proposed and approved revisions to the miners’ representative. MSHA assumes that a copy of the plan or plan revisions will be requested each time they are submitted. MSHA assume all underground coal mines with 1-19 employees will revise and submit their ventilation plans to MSHA twice each year, and mines with 20 or more employees will revise and submit their ventilation to MSHA plans 4 times each year. The number of copies of new plans provided to miners’ representatives is estimated to be 6 percent of underground coal mines (4 mines with 1-19 employees, 9 mines with 20-500 employees, and 1 mine with more than 500 employees). MSHA estimates that it takes a clerical employee, earning $34.66 per hour, 15 minutes to notify and provide a copy of the plan or plan revisions.
Under 30 CFR 75.370(a)(3)(iii) and (f)(3), underground coal operators must post a copy of the revisions of the mine ventilation plan. The number of postings is equal to the number of new plans and plan revisions, including ones created by contractors: 6 percent of all underground coal mines for new plans (4 mines with 1-19 employees, 9 mines with 20-500 employees, and 1 mine with more than 500 employees) and 100 percent of all underground coal mines, including new mines, for revised plans (2 times per year in mines with 1-9 employees and 4 times per year in mines with at least 20 employees). The calculations can be seen in Table 12-15. MSHA estimates that it takes a clerical employee earning $34.66 per hour 15 minutes to post a copy of the plan or plan revisions to the mine ventilation plan.
Table 12-17. Estimated Annual Respondent Hour and Cost Burden, Miner Notification and Copies of Ventilation Plan Revisions (30 CFR 75.370(a)(3) and (f))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Notifications or Copies Posted) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Notifying miners' representatives of new plan (Clerk) |
|||||||
1-19 employees |
4 |
1 |
4 |
0.25 |
1.00 |
$34.66 |
$34.66 |
20-500 employees |
9 |
1 |
9 |
0.25 |
2.25 |
$34.66 |
$77.99 |
501+ employees |
1 |
1 |
1 |
0.25 |
0.25 |
$34.66 |
$8.67 |
Notifying miners' representatives of revised plan (Clerk) |
|||||||
1-19 employees |
70 |
2 |
140 |
0.25 |
35.00 |
$34.66 |
$1,213.10 |
20-500 employees |
146 |
4 |
584 |
0.25 |
146.00 |
$34.66 |
$5,060.36 |
501+ employees |
9 |
4 |
36 |
0.25 |
9.00 |
$34.66 |
$311.94 |
Posting copy of new plan (Clerk) |
|||||||
1-19 employees |
4 |
1 |
4 |
0.25 |
1.00 |
$34.66 |
$34.66 |
20-500 employees |
9 |
1 |
9 |
0.25 |
2.25 |
$34.66 |
$77.99 |
501+ employees |
1 |
1 |
1 |
0.25 |
0.25 |
$34.66 |
$8.67 |
Posting copy of revised plan (Clerk) |
|||||||
1-19 employees |
70 |
2 |
140 |
0.25 |
35.00 |
$34.66 |
$1,213.10 |
20-500 employees |
146 |
4 |
584 |
0.25 |
146.00 |
$34.66 |
$5,060.36 |
501+ employees |
9 |
4 |
36 |
0.25 |
9.00 |
$34.66 |
$311.94 |
Subtotal (Rounded) |
225 |
|
1,548 |
|
387 |
|
$13,413 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out multiple activities.
Mechanical Escape Facilities (30 CFR 75.382)
Under 30 CFR 75.382(c), mines employing mechanical escape facilities must conduct a weekly examination to ensure that the facility is in proper operating condition. Under 30 CFR 75.382(g), mine operators are required to have a certified person certify by date, time, and initials, that the examination was conducted. It is estimated that 201 such facilities are in use at mines with 20 or more employees operating 52 weeks per year and that the certification will take 1 minute. The certification can be conducted by a certified person earning $62.39 per hour.
Table 12-18. Estimated Annual Respondent Hour and Cost Burden, Mechanical Escape Facilities (30 CFR 75.382)
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Examinations) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Weekly examinations (Certified person) |
201 |
52 |
10,452 |
0.02 |
174.20 |
$62.39 |
$10,868.34 |
Subtotal (Rounded) |
201 |
|
10,452 |
|
174 |
|
$10,868 |
Hour Burden Summary
MSHA estimates that the 225 respondents (underground coal mine operators) would incur, on average, an annual collection burden of 150,674 hours with an associated annual cost of $10,324,396. The annual respondent hour and cost burden is summarized in the Summary Totals table below.
Table 12-19. Estimated Annual Respondent Hour and Cost Burden, Summary Totals
Activity (Occupation) |
Number of Respondents |
Number of Responses per Respondent |
Total Responses |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
I. Installation of main mine fans |
225 |
|
15,590 |
|
1,818.83 |
|
$87,249.44 |
II-1. Main mine fan examination and certification |
225 |
|
101,663 |
|
1,694.38 |
|
$105,712.58 |
II-2. Automatic fan signal device testing |
225 |
|
3,630 |
|
302.50 |
|
$18,872.98 |
II-3. Records of uncorrected defects |
110 |
|
1,320 |
|
130.00 |
|
$8,110.70 |
III. Methane monitors |
225 |
|
2,700 |
|
318.00 |
|
$18,870.12 |
IV. Atmospheric monitoring systems |
32 |
7 |
224 |
0.03 |
7.47 |
$62.39 |
$465.85 |
V. Preshift examination at fixed intervals |
225 |
|
222,100 |
|
75,706.67 |
|
$5,038,242.56 |
VI-1. On-shift examination for hazardous conditions |
225 |
|
579,400 |
|
19,313.33 |
|
$1,288,827.02 |
VI-2. On-shift examination for respirable dust |
225 |
|
869,100 |
|
24,141.67 |
|
$1,841,671.18 |
VII-1. Supplemental examination for hazardous conditions |
225 |
|
57,000 |
|
2,850.00 |
|
$194,313.00 |
VII-2. Violations of mandatory health or safety standards |
225 |
|
9,043 |
|
452.15 |
|
$34,492.37 |
VIII-1. Weekly examination of worked-out areas |
225 |
|
23,120 |
|
11,736.67 |
|
$760,650.58 |
VIII-2. Weekly examination of hazardous conditions |
225 |
|
11,560 |
|
578.00 |
|
$36,061.42 |
IX-1. Mine ventilation plans |
225 |
|
2,499 |
|
11,056.00 |
|
$865,996.46 |
IX-2. Mine ventilation plan contents for diesel-powered equipment |
29 |
|
29 |
|
7.25 |
|
$578.26 |
IX-3. Miner notification |
225 |
|
1,548 |
|
387.00 |
|
$13,413.42 |
X. Mechanical escape facilities |
201 |
|
10,452 |
|
174.20 |
|
$10,868.34 |
Total (Rounded) |
225 |
|
1,910,978 |
|
150,674 |
|
Note: The total number of respondents and responses do not correspond to the sum of respondents and responses from each cost item because the same respondents carry out many of the activities.
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 already reflected on the burden worksheet).
• 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 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, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information 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.
Contractor Labor Costs
Under 30 CFR 75.370, mine operators must submit a proposed ventilation plan in writing to the District Manager for approval and that plan must be reviewed by MSHA every 6 months. However, once a ventilation plan is approved, the operator needs to submit only the revised pages, sketches, and drawings of the plan when proposing revisions, unless the District Manager requests in writing that the mine operator submit a new fully revised plan. The operator must update the plan as often as necessary to ensure that the plan is suitable to current conditions in the mine.
Mines with 1-19 employees will generally contract out for this service. MSHA estimates that 6 percent of these mines (4) will submit a new ventilation plan and all mines with 1-19 employees (70) will submit 2 updates annually. MSHA further estimates that new plans will require 8 hours each, revised plans will require 4 hours each, and 3 maps will require 1 hour each. MSHA estimates that these tasks will be carried out by a contractor equivalent to a mine supervisor, earning $79.76 per hour. The wage estimates are the same described in Table 12-1.
In addition, 3 copies of the mine ventilation map must be submitted annually or with each update (the assumption is that they will be submitted twice annually, as updates), including supplemental information listed in 30 CFR 75.372, requiring a total of 30 minutes. MSHA estimates that this task will be carried out by a contractor equivalent to a clerical employee, earning $34.66 per hour. The wage estimates are the same described in Table 12-1.
Table 13-1. Estimated Annual Respondent or Recordkeeper Cost Burden, Mine Ventilation Plan Contractor Labor Costs (30 CFR 75.370)
Cost components |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Documents) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Cost to Recordkeepers |
New Plans (Mine supervisor) |
4 |
1 |
4 |
8.0 |
32.00 |
$79.76 |
$2,552.32 |
Plan revisions (Mine supervisor) |
70 |
2 |
140 |
4.0 |
560.00 |
$79.76 |
$44,665.60 |
Ventilation maps (Mine supervisor) |
70 |
3 |
210 |
1.0 |
210.00 |
$79.76 |
$16,749.60 |
Copies of ventilation maps (Clerk) |
70 |
2 |
140 |
0.5 |
70.00 |
$34.66 |
$2,426.20 |
Subtotal (Rounded) |
70 |
|
494 |
|
872 |
|
$66,394 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out each of the activities.
Copying and Postage Costs
Under 30 CFR 75.370(a)(2), underground coal mines may revise approved mine ventilation plans. MSHA estimates 6 percent of underground coal mine operators (4 mines with 1-19 employees, 9 mines with 20-500 employees, and 1 mine more than 500 employees) will create new ventilation plans each year. Additionally, all underground coal mines with 1-19 employees will revise and submit their ventilation plans to MSHA twice each year, and mines with 20 or more employees will revise and submit their ventilation to MSHA plans 4 times each year. On average, MSHA estimates that a new plan or plan revision will be three pages. Copying will cost $0.15 per page and $1.00 for postage, for a total cost of $1.45 per new plan or plan revision.
Under 30 CFR 75.370(a)(3)(i) and (f)(1), underground coal mine operators that revise their ventilation plans are required to notify the miners’ representative at least 5 days prior to submission of a mine ventilation plan revision and, if requested, provide a copy of the revisions to the miners’ representative under 30 CFR 75.370(a)(3)(i) and (f)(1). MSHA assumes that a copy of the revisions will be requested. The number of copies provided equals the number of revisions noted above. MSHA estimates that costs of copying will be $0.45 for three pages.
Under 30 CFR 75.370(a)(3)(iii) and (f)(3), underground coal mine operators that revise their ventilation plans must post a copy of the revisions of the mine ventilation plan under 30 CFR 75.370(a)(3)(iii) and (f)(3). The number of postings is equal to the number of revisions noted above. MSHA estimates that costs of copying will be $0.45 for three pages.
Table 13-2. Estimated Annual Respondent or Recordkeeper Cost Burden, Copying and Postage Costs (30 CFR 75.370)
Cost components |
Number of Responses (Copies) |
Number of Units per Response |
Units (Pages) |
Unit Cost |
Cost to Recordkeepers |
Copying new plan |
|||||
1-19 employees |
4 |
6 |
24 |
$0.15 |
$3.60 |
20-500 employees |
9 |
12 |
108 |
$0.15 |
$16.20 |
501+ employees |
1 |
12 |
12 |
$0.15 |
$1.80 |
Mailing new plan |
|||||
1-19 employees |
4 |
6 |
24 |
$1.00 |
$24.00 |
20-500 employees |
9 |
12 |
108 |
$1.00 |
$108.00 |
501+ employees |
1 |
12 |
12 |
$1.00 |
$12.00 |
Copying revised plan |
|||||
1-19 employees |
70 |
6 |
420 |
$0.15 |
$63.00 |
20-500 employees |
146 |
12 |
1,752 |
$0.15 |
$262.80 |
501+ employees |
9 |
12 |
108 |
$0.15 |
$16.20 |
Mailing revised plan |
|||||
1-19 employees |
70 |
6 |
420 |
$1.00 |
$420.00 |
20-500 employees |
146 |
12 |
1,752 |
$1.00 |
$1,752.00 |
501+ employees |
9 |
12 |
108 |
$1.00 |
$108.00 |
Copying ventilation plan to miners' representatives |
|||||
1-19 employees |
70 |
6 |
420 |
$0.15 |
$63.00 |
20-500 employees |
146 |
12 |
1,752 |
$0.15 |
$262.80 |
501+ employees |
9 |
12 |
108 |
$0.15 |
$16.20 |
Copying revised ventilation plan |
|||||
1-19 employees |
70 |
6 |
420 |
$0.15 |
$63.00 |
20-500 employees |
146 |
12 |
1,752 |
$0.15 |
$262.80 |
501+ employees |
9 |
12 |
108 |
$0.15 |
$16.20 |
Subtotal (Rounded) |
928 |
|
9,408 |
|
$3,472 |
Note: The total number of responses do not correspond to the sum of responses from each cost item because some of the activities are carried out together.
Recordkeeping Cost Burden Summary
The total annual cost burden to respondents or recordkeepers is summarized in the Summary Totals table below.
Table 13-3. Estimated Annual Respondent or Recordkeeper Cost Burden, Summary Totals
Cost components |
Number of Responses |
Number of Units per Response |
Units |
Unit Cost |
Cost to Recordkeepers |
XI. Contractor labor costs |
494 |
|
494 |
|
$66,393.72 |
XII. Copying costs |
928 |
|
9,408 |
|
$3,471.60 |
Total (Rounded) |
1,422 |
|
9,902 |
|
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include number 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.
The review of ventilation plans and revisions to ventilation plans is performed by a GS-12 level MSHA employee.
Table 14-1. Federal Hourly Wage Rates
Occupation |
Occupation Code |
Mean Wage Rate |
Benefit & Overhead Multiplier [a] |
Loaded Hourly Wage Rate |
|
|
A |
B |
A x B |
GS-12 Inspector [b] |
1822 |
$47.55 |
1.586 |
$75.41 |
Note: Hourly wage rates developed from Office of Personnel Management (OPM) September 2023 FedScope Employment Cube, http://www.fedscope.opm.gov/.
[a] Benefit and overhead multiplier = 1 + (MSHA personnel benefits, travel and transportation, and rental expenses / MSHA personnel compensation) = (1+ ((76,679+20+5,309+5,932+17,577+71) / 180,071) (FY 2024 budget submission, use FY2023 Revised Enacted Budget: https://www.dol.gov/sites/dolgov/files/general/budget/2024/CBJ-2024-V2-13.pdf).
[b] Data search qualifiers are: Agency = DLMS, Occupation = 1822 (Mine Safety and Health Inspection), Work Schedule = Full-Time, Salary Grade = GS-12, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.586. Rate equals $75.41 = (($99,228 / 2,087) x 1.586).
Mine Ventilation Plan; Submission and Approval (30 CFR 75.370)
Under 30 CFR 75.370(g), the ventilation plan for each mine must be reviewed every 6 months by an authorized representative of the Secretary to assure that it is suitable to current conditions in the mine. The review/inspection of ventilation plans, test results, and examination in underground mines is just one aspect of the annual inspection.
The recurring cost to the Federal Government each year is as follows: There are 225 underground mines reporting active employment:70 mines with 1-19 employees, 146 mines with 20-500 employees, and 9 mines with 501+ employees. It is estimated that new plans will be developed and need to be reviewed by MSHA for 4 mines with 1-19 employees, 9 mines with 20-500 employees, and 1 mine with 501+ employees. The new plans will be reviewed by MSHA once per year.
It is also estimated that mines with 1-19 employees will average 2 revisions, or supplements (including the ventilation map) each year and mines with 20 or more employees will average 4 revisions, or supplements (including the ventilation map).
On average, MSHA personnel will take 3 hours to review a submission of new or revised ventilation plans. The plans are reviewed by a GS-12 mine inspector with an average salary (including benefits) of $75.41 per hour.
Table 14-2. Table 14-2. Estimated Annual Federal Hour and Cost Burden, Review of Ventilation Plans (30 CFR 75.370(g))
Activity (Occupation) |
Number of Respondents (Coal Mines) |
Number of Responses per Respondent |
Total Responses (Plans) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Reviewing new ventilation plan revisions (GS-12 Inspector) |
|||||||
1-19 employees |
4 |
1 |
4 |
3 |
12 |
$75.41 |
$904.92 |
20-500 employees |
9 |
1 |
9 |
3 |
27 |
$75.41 |
$2,036.07 |
501+ employees |
1 |
1 |
1 |
3 |
3 |
$75.41 |
$226.23 |
Reviewing ventilation plan revisions (GS-12 Inspector) |
|||||||
1-19 employees |
70 |
2 |
140 |
3 |
420 |
$75.41 |
$31,672.20 |
20-500 employees |
146 |
4 |
584 |
3 |
1,752 |
$75.41 |
$132,118.32 |
501+ employees |
9 |
4 |
36 |
3 |
108 |
$75.41 |
$8,144.28 |
Total (Rounded) |
225 |
|
774 |
|
2,322 |
|
$175,102 |
Note: The total number of respondents do not correspond to the sum of respondents from each cost item because the same respondents carry out each of the activities.
15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.
Respondents: The estimated annual number of respondents increased from 153 to 225.
Responses: The estimated annual number of responses increased from 1,607,288 to 1,910,978 due to a change in methodology and an increase in the number of respondents. The change in methodology entailed counting multiple tasks relating to the same activity as separate responses. This was a change from previous versions of this ICR, which counted them as a single response.
Time Burden: The estimated annual time burden increased from 115,874 hours to 150,674 hours due to a change in methodology and an increase in the number of responses.
Burden Costs: The estimated annual burden costs increased from $6,777,839 to $10,324,396 due to a change in methodology and an increase in the number of responses.
Other Burden Costs: The estimated annual other burden costs increased from $26,004 to $69,865 due to an increase in the number of small mines and changed assumptions about how many copies of various documents operators must make.
Federal Hours: The estimated annual federal hours increased from 2,079 to 2,322 due to an increase in the number of respondents.
Federal Costs: The estimated annual federal costs increased from $128,046 to $175,102 due an increase the number of respondents and an increase in federal wages.
Table 15-1. Summary of Changes
|
Previous ICR |
Current ICR |
Difference |
Number of Respondents |
153 |
225 |
72 |
Number of Responses |
1,607,288 |
1,910,978 |
303,690 |
Annual Time Burden |
115,874 |
150,674 |
34,800 |
Annual Burden Costs |
$6,777,839 |
$10,324,396 |
$3,546,557 |
Annual Other Burden Costs |
$26,004 |
$69,865 |
$43,861 |
|
|
|
|
Federal Hours |
2,079 |
2,322 |
243 |
Federal Costs |
$128,046 |
$175,102 |
$47,056 |
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.
MSHA does not intend to publish the results of this information collection.
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 and there is no form associated with this collection.
18. Explain each exception to the topics of the certification statement identified in, "Certification for Paperwork Reduction Act Submissions."
There are no certification exceptions identified with this information collection.
B. Collection of Information Employing Statistical Methods
As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.
1 For all wage rates, including Federal wage rates, MSHA uses the relevant precision throughout the calculation to avoid compound rounding errors and rounds at the final rate value. Displayed intermediate calculation values are presented to explain the calculation and are representative, but the final rate value reflects the correct rounding and final estimate.
2 To obtain OEWS data, follow BLS’s directions in its Frequently Asked Questions: “E. How to get OEWS data. 4. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm. The average wage rate is calculated as the employment-weighted average of hourly mean wages for the occupation.
3 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at http://data.bls.gov/cgi-bin/srgate or directly at http://download.bls.gov/pub/time.series/cm/cm.data.0.Current. Insert the data series CMU2030000405000D and CMU2030000405000P, Private Industry Total benefits for Construction, extraction, farming, fishing, and forestry occupations, which is divided by 100 to convert to a decimal value. MSHA uses the latest 4-quarter moving average to determine what percent of total loaded wages are benefits. MSHA computes the benefit multiplier with a number of detailed calculations, but it may be approximated with the formula 1 + (benefit percentage/(1-benefit percentage)).
4 Wage inflation is the change in Series ID: CIS2020000405000I; Seasonally adjusted; Series Title: Wages and salaries for Private industry workers in Construction, extraction, farming, fishing, and forestry occupations, Index. (https://data.bls.gov/cgi-bin/srgate ; Inflation Multiplier = (Current Quarter Cost Index Value / OEWS Wage Base Quarter Index Value).
5 MSHA uses an overhead rate of 1 percent. The mining environment generally involves very little overhead, especially costs associated with workers engaged in administrative or clerical tasks.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | miles-susan |
| File Modified | 0000-00-00 |
| File Created | 2025-01-25 |