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View ICR - OIRA Conclusion
OMB Control No:
1219-0144
ICR Reference No:
200905-1219-004
Status:
Historical Inactive
Previous ICR Reference No:
200803-1219-002
Agency/Subagency:
DOL/MSHA
Agency Tracking No:
FR RIN 1219-AB66
Title:
Mine Rescue Teams for Underground Coal Mine Operators
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
06/19/2009
OIRA Conclusion Action:
Preapproved
Conclusion Date:
11/18/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/20/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2010
6 Months From Approved
02/28/2011
Responses
2,202
0
1,986
Time Burden (Hours)
1,550
0
1,387
Cost Burden (Dollars)
653
0
653
Abstract:
The respondents for the paperwork provisions of this rule are underground coal mine operators. The records will be used by coal mine operators, supervisors, and employees, and State and Federal mine inspectors to provide assurance that each mine operator and mine rescue team is prepared for a mine emergency. The records show that the mine rescue team equipment has been examined and tested and is in good working order. The training records show that the mine rescue team members and the responsible persons at the mine are competent to respond to a mine emergency involving a fire, an explosion, or a gas or water inundation. The records greatly assist those who use them in making decisions that will ultimately affect the safety of all persons working underground. These information collection requirements help assure that properly trained mine rescue teams are readily available to save endangered miners in life-threatening situations. In addition, the training requirements in this information collection will help assure the safety of the mine rescue team itself.
Emergency Justfication:
The Mine Improvement and New Emergency Response Act of 2006 became effective on June 15, 2006 (MINER Act). The goal of the MINER Act is to improve the safety of mines and mining. To accomplish this goal, the MINER Act includes provisions to improve mine emergency response time, improve mine rescue team effectiveness, and increase the quantity and quality of mine rescue team training. Section 4 of the MINER Act required MSHA to publish regulations on mine rescue teams. Because the mine rescue team provisions contained in Section 4 of the MINER Act apply only to underground coal mines, this rule will affect those mines and the mine rescue teams that cover them. MSHA published a final rule revising the Agencys requirements for mine rescue teams for underground coal mines on February 8, 2008. The United Mine Workers of America challenged the final rule in the U.S. Court of Appeals for the District of Columbia Circuit. On February 10, 2009, the Court vacated the rules provisions allowing mine-site and state-sponsored teams to train at small mines annually and State employees who are members of state-sponsored teams to substitute certain job duties for participation in one of two mine rescue contests required annually. The Court also vacated MSHAs conclusion in the preamble that State employees who are members of state-sponsored teams may participate in a mine rescue contest by serving as judges. See Intl Union, United Mine Workers of Am. v. Dept of Labor, 554 F.3d 150 (D.C. Cir. 2009). Consistent with the Courts decision, MSHA is revising the existing rule to require mine-site and state-sponsored teams to train at small mines semiannually and State employees who are members of state-sponsored teams to participate in two mine rescue contests annually. An emergency review is necessary in order to obtain approval of the changes implemented by the aforementioned final rule which is being promulgated for reasons stated above and is effective upon publication.
Authorizing Statute(s):
PL:
Pub.L. 91 - 173 115(e)
Name of Law: Federal Mine Safety and Health Act of 1977
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1219-AB66
Final or interim final rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Mine Rescue Teams
MSHA 2000-224
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
2,202
1,986
0
216
0
0
Annual Time Burden (Hours)
1,550
1,387
0
163
0
0
Annual Cost Burden (Dollars)
653
653
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
On February 10, 2009, the United States Court of Appeals for the District of Columbia Circuit held that MSHAs Mine Rescue Teams rule, issued on February 8, 2008, is inconsistent with Section 4 of the MINER Act in three respects. See Intl Union, United Mine Workers of Am. v. Dept of Labor, 554 F.3d 150 (D.C. Cir. 2009. MSHA is issuing a final rule to revise the existing rule in accordance with the MINER Act, consistent with the Courts decision. This action has resulted in an increase of public burden. This final rule revises MSHAs existing standards for mine rescue teams for underground coal mines resulting in an increase of 216 responses and 163 burden hours.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Debra Ferraro 202-693-9821 Ferraro.debra@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
05/20/2009
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