1219-0020 Supporting Statement 2025

Operations Mining Under a Body of Water

OMB Control Number: 1219-0020

OMB Expiration Date: 12/31/2025

Supporting Statement for

Operations Mining Under a Body of Water

Paperwork Reduction Act Submission

This information collection request (ICR) seeks to extend, without change, a currently approved information collection.

OMB Control Number: 1219-0020

Information Collection Request Title: Operations Mining Under a Body of Water

Type of OMB Review: Extension

Authority:

Part 75 – Mandatory Safety Standards – Underground Coal Mines

Subpart R – Miscellaneous

30 CFR 75.1716 – Operations under water.

30 CFR 75.1716-1 – Operations under water; notification by operator.

30 CFR 75.1716-2 – Permit required.

30 CFR 75.1716‑3 – Applications for permits.

30 CFR 75.1716‑4 – Issuance of permits.

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.

The Paperwork Reduction Act of 1995 (PRA) governs paperwork burdens imposed by Federal agencies on the public for using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, the PRA also establishes policies and procedures of information collection for controlling paperwork burdens imposed by Federal agencies on the public, including evaluating public comments. 

To fulfill its statutory mandates to promote miners’ health and safety, MSHA requires information collected under the information collection request (ICR) titled “Operations Mining Under a Body of Water.” This information collection is intended to ensure that underground coal mine operators apply for a permit before mining under bodies of water. MSHA reviews mine operators’ applications and issues permits to protect miners from hazards related to mining under a body of water such as flooding, cave-ins, and drowning.

Burden Costs associated with this ICR include:

1. Mine operators preparing and submitting applications for permits to work under a body of water; and

2. MSHA reviewing applications and issuing permits to work under a body of water.

Authorization and the associated rule text are described below.

1. Mine Operators Preparing and Submitting Applications for Permits to Work Under a Body of Water (30 CFR 75.1716-1, 75.1716-2, and 75.1716-3)

Under 30 CFR 75.1716‑1, whenever an operator plans to mine coal from a coal mine opened after March 30, 1970, or from any working section in a mine opened prior to such date, and in such manner that mining operations will be conducted, or tunnels constructed, under any river, stream, lake, or other body of water, the coal mine operator must give notice to the District Manager prior to the commencement of coal mining operations.

Under 30 CFR 75.1716‑2, if in the judgment of the District Manager the proposed mining operations constitute a hazard to miners, the District Manager must promptly notify the operator that a permit is required.

Under 30 CFR 75.1716‑3, an application for a permit must be filed with the District Manager and must contain the following general information:

1. Name and address of the company.

2. Name and address of the mine.

3. Projected mining and ground support plans.

4. A mine map showing the locations of the river, stream, lake, or other body of water and its relation to the location of all working places.

5. A profile map showing the type of strata and the distance in elevation between the coal bed and the river, stream, lake or other body of water involved. The type of strata will be determined by core test drill holes as prescribed by the District Manager.

2. MSHA Reviewing Applications and Issuing Permits to Work Under a Body of Water (30 CFR 75.1716-4)

Under 30 CFR 75.1716‑4, if the District Manager determines that the proposed mining operations under water can be safely conducted, the District Manager will issue a permit for conducting the proposed mining operations under the terms and conditions deemed necessary to protect the safety of miners engaged in operations.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for new collections, indicate the actual use the agency has made of the information received from the current collection.

MSHA relies on the information collected to conduct a detailed analysis of the strata between the body of water and the proposed mine workings and determines if underground coal mining can be conducted safely under water.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

No improved information technology has been identified that would reduce the burden of this collection. To comply with the Government Paperwork Elimination Act, the mine operator may retain records in whatever method they choose, including using computer technology to store records electronically.

Permit applications submitted under 30 CFR 75.1716-3 are written documents consisting of narratives, descriptions, lists, tables, and drawings that can be prepared using computers and automated drafting and word processing programs. Mine operators may submit documents via email if they have the capability of affixing transmittable authorization signatures. Mine operators without the capability of affixing transmittable authorization signatures may still submit the application by email or facsimile if they also submit a signed hard copy. MSHA receives electronic submissions approximately 70 percent of the time.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in Item 2 above.

No similar or duplicate information is available or submitted to MSHA.

5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.

The information collection provisions apply to all mine operators, 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 (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 and believes that the information collection requirements are imposed on all mining operators and do not have a significant impact on a substantial number of small businesses 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 MSHA did not collect this information, the Agency would not be able to determine if mine operators planning to mine under bodies of water could proceed safely. If a mine operator were to proceed to mine under a body of water without an MSHA permit, the lives of miners would be placed at unnecessary and unacceptable risk.

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.

This collection of information is consistent with the guidelines in 5 CFR Section 1320.5.

8. If applicable, provide a copy and identify the date 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 the 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, notify the public that the information collection requirements are being reviewed in accordance with the PRA, and provide 60 days for the public to submit comments. MSHA published a 60-day Federal Register notice on July 3, 2025 (90 FR 29585). 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 payment 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.

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 in Item 13.

Respondents

All information related to quantities and inspection rates are estimated by MSHA’s 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’s Headquarters Enforcement Division with the number of mines as well as employment numbers, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.

Based on internal MSHA data, there are currently 99 active underground coal mines affected by this information collection request.

Wage Rates Determination¹

MSHA uses data from the May 2023 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates² and adjusts 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.

Table 12-1. Hourly Wage Rates

Occupation	NAICS Code	Mean Hourly Wage Rate	Benefit Multiplier	Inflation Multiplier	Overhead Cost Multiplier	Loaded Hourly Wage Rate
		A	B	C	D	A x B x C x D
Mining Engineer/ Supervisor [a]	212100	$52.04	1.456	1.060	1.01	$81.12

Notes:

Benefit Multiplier – MSHA uses the latest 4-quarter moving average 2023Q4-2024Q3 to determine that 31.3 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.456 = 1+(0.313/ (1-0.313)).

Inflation Multiplier – The inflation multiplier is determined by using the employment price index from the most current quarter, 2024Q4, 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 1.060 = 166.7/157.3.

Overhead Multiplier – MSHA uses the overhead multiplier of 1.01.

[a] The Standard Occupation Codes (SOCs) used for this occupation are (47-1011), (49-1011), (51-1011), (17-2081), (17-2141), and (17-2151).

Hour Burden

1. Mine Operators Preparing and Submitting Applications for Permits to Work Under a Body of Water

Under 30 CFR 75.1716-1 and 75.1716-2, before mining under bodies of water, a mine operator must notify and obtain a permit from MSHA. Usually, the permit application is submitted at the recommendation of MSHA. MSHA makes these recommendations at the same time that the Agency conducts annual reviews of mining projections, submitted by the mine operator in accordance with requirement for mine ventilation maps required in 30 CFR 75.371 and mine maps required in section 75.1203.

MSHA encourages mine operators to provide more information in their applications than what is strictly required under 30 CFR 75.1716-3. A permit application typically contains mining projections, information on proposed roof support systems, and an analysis of the potential for inundation based upon the type of strata separating the proposed workings from the body of water.

The application may include a map of the active areas of the mine under the body of water showing the following:

• Bottom of coal elevations (minimum 10-fee contour intervals);

• The limits of the body of water and the estimated quantity of water in the pool;

• The limits of the proposed “safety zone” within which precautions will be taken;

• Overburden thickness (depth of cover) contours;

• Corehole locations; and

• Known faults, lineaments, and other geologic features.

If the body of water is completely within the boundaries of the overlying mine, MSHA recommends a map of the overlying mine be provided that shows:

• Bottom of coal elevations (minimum 10-feet contour intervals), when available;

• Corehole locations;

• The limits of the body of water with the estimated quantity of water; and

• Interburden to the active mine below.

Operators may also be asked to submit:

• The methods that were used to estimate the quantity of water;

• Borehole logs, including geotechnical information Rock Quality Designation (RQD, fracture logs, etc.) if available;

• Rock mechanics data on the overburden, interburden, mine roof, and mine floor, if available;

• Mining height of the seam being mined;

• Pillar and floor stability analyses for the active mine;

• Whether second mining is planned;

• Whether mining will be conducted down-dip or up-dip;

• Where water, if encountered, will flow to in the active mine;

• Pumping capabilities for dewatering;

• A comprehensive evacuation plan for the miners;

• A statement of what in-mine conditions would trigger the implementation of the evacuation plan; and

• A statement of training that will be provided to the miners regarding the potential hazards.

MSHA estimates that 99 underground coal mine operators will submit a total of 50 permit applications each year.

MSHA estimates that it takes a supervisory geological or mining engineer or engineering consultant, earning $81.12 per hour, 5 hours and 30 minutes to prepare and submit a permit application, including the time necessary for operators to provide the additional information MSHA recommends.

Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Preparing and Submitting Applications (30 CFR 75.1716-1 through 75.1716-3)

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Applications)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Preparing and Submitting Application (Mining Engineer/Supervisor)	99	0.51	50	5.5	275.00	$81.12	$22,308.00
Total (Rounded)	99		50		275		$22,308

Note: The number of responses per respondent is calculated by dividing the number of responses by the number of respondents and rounded.

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).

1. Mine Operators Preparing and Submitting Applications for Permits to Work Under a Body of Water

The permit applications required under this ICR are prepared on office equipment and/or engineering equipment maintained at the mine for normal business activities.

When physical applications are submitted, they are usually sent via certified mail. MSHA anticipates that of the 50 applications it expects to be submitted annually, 30 percent (15 applications) will be submitted by mail and the remaining 70 percent (35 applications) will be submitted electronically. MSHA assumes that there is no cost for submitting an application electronically and that the cost to send an application by certified mail is $20 per application.

Table 13-1 Estimated Annual Respondent or Recordkeeper Cost Burden, Cost of Submitting Physical Applications (30 CFR 75.1716-1 and 75.1716-3)

Cost Component	Number of Responses (Applications)	Unit Cost	Units Per Response	Cost to Recordkeepers
Mailing Application using Certified Mail	15	$20.00	1	$300.00
Total (Rounded)	15			$300

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

MSHA uses data from the FedScope published by the Office of Personnel Management for hourly wage rates of Federal employees and adjusts the rates for benefits and overhead. The occupations listed below in Table 14-1 are those that were determined to be relevant for the federal government cost calculations.

Table 14-1. Federal Hourly Wage Rates

Federal Occupation	Occupation Code	Mean Hourly Wage Rate	Benefit & Overhead Multiplier [a]	Loaded Hourly Wage Rate
		A	B	A x B
GS-12/13 Mining Engineer [b]	880	$49.71	1.586	$78.84

Notes: Hourly wage rates are developed from Office of Personnel Management 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 = 880 (Mine Safety and Health Inspection), Work Schedule = Full-Time, Salary Grade = GS-12 or GS-13, 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. Loaded hourly rate is $78.84 = (($164,537/ 2,087) x 1.586).

2. Federal Hour and Cost Burden, Reviewing Applications and Issuing Permits to Work Under a Body of Water

Under 30 CFR 75.1716-4, the MSHA District Manager issues permits to work under a body of water after determining that the proposed mining operations can be safely conducted.

MSHA estimates it will receive 50 applications for permits each year. Applications submitted for mining operations under water are reviewed at MSHA by GS-12/13 Mining Engineers, earning $78.84 per hour. On average, MSHA estimates it takes 16 hours to review an application and either issue or deny a permit.

Table 14-2. Estimated Federal Hour and Cost Burden, Reviewing Applications (30 CFR 75.1716-4)

Federal Occupation	Number of Responses (Applications)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
GS-12/13 Mining Engineer	50	16	800	$78.84	$63,072.00
Total (Rounded)	50		800		$63,072

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.

Number of Respondents: The estimated number of respondents increased from 50 to 99 due to a change in methodology. The previous respondent figure reported was the number of applications MSHA anticipated receiving, and now it is the total number of mines affected by this ICR.

Number of Responses: The estimated number of responses remains unchanged at 50 due to there being no change in the number of applications.

Annual Time Burden: The estimated annual time burden remains unchanged at 275 due to there being no change in the number of applications.

Annual Burden Costs: The estimated annual burden costs increased from $19,898 to $22,308 due to an increase in wages.

Annual Other Burden Costs: The estimated annual other burden cost decreased from $680 to $300 due to a decrease in the number of applications being mailed in.

Federal Hours: The estimated annual federal burden in hours remains unchanged at 800 due to there being no change in the number of applications.

Federal Costs: The estimated annual federal costs increased from $54,705 to $63,072 due to an increase in wages.

Table 15-1. Summary of Changes

	Currently Approved ICR	Updated ICR	Difference
Number of Respondents	50	99	49
Number of Responses	50	50	0
Annual Time Burden	275	275	0
Annual Burden Costs	$19,898	$22,308	$2,410
Annual Other Burden Costs	$680	$300	-$380
Federal Hours	800	800	0
Federal Costs	$54,705	$63,072	$8,367

16. For collections of information whose results are planned to 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. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.

1For 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.

2To 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.

3The 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)).

4Wage 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).

5MSHA 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.

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