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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1219-0088
ICR Reference No:
202410-1219-003
Status:
Active
Previous ICR Reference No:
202103-1219-007
Agency/Subagency:
DOL/MSHA
Agency Tracking No:
Title:
Ventilation Plans, Tests, and Examinations in Underground Coal Mines
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/28/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/24/2025
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/29/2028
36 Months From Approved
03/31/2025
Responses
1,910,978
0
1,607,288
Time Burden (Hours)
150,674
0
115,874
Cost Burden (Dollars)
69,865
0
26,004
Abstract:
Under Section 101(a) of the Federal Mine Safety and Health Act of 1977 (the Mine Act), the Secretary may by rule in accordance with procedures set forth in this section and in accordance with section 553 of Title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), 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 or other mines. In addition, Section 303 requires that all 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 be examined daily and a record be kept of such examination. Underground coal mines usually present harsh and hostile working environments. The 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 has resulted in fatalities from asphyxiation and explosions. An underground mine is a maze of tunnels that must be adequately ventilated with fresh air to provide a safe environment for miners. Methane is liberated from the strata, and noxious gases and dusts from blasting and other mining activities 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 the level of respirable dust at or below 2 milligrams per cubic meter of air and air quality must be maintained in accordance with MSHA standards. Mechanical ventilation equipment of sufficient capacity must operate at all times while miners are in the mine. Ground conditions are subject to frequent changes, thus sufficient 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 system or the safety of the miners are not occurring. These examination, reporting and recordkeeping requirements of ยงยง 75.310, 75.312, 75.342, 75.351, 75.360 through 75.364, 75.370, 75.371, and 75.382 also incorporate examinations of other critical aspects of the underground work environment such as roof conditions and electrical equipment which have historically caused numerous fatalities if not properly maintained and operated.
Authorizing Statute(s):
US Code:
30 USC 813(h)
Name of Law: Federal Mine Safety and Health Act of 1977
US Code:
30 USC 811
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:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
89 FR 81942
10/09/2024
30-day Notice:
Federal Register Citation:
Citation Date:
90 FR 8160
01/24/2025
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
Ventilation Plans, Tests and Examinations in Underground Coal Mines
ICR Summary of Burden
Total Approved
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
1,910,978
1,607,288
0
0
303,690
0
Annual Time Burden (Hours)
150,674
115,874
0
0
34,800
0
Annual Cost Burden (Dollars)
69,865
26,004
0
0
43,861
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
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.
Annual Cost to Federal Government:
$175,102
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Joanna Moore 202 693-9825 moore.joanna@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:
01/24/2025
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