Mine Rescue Teams for Underground Coal Mine Operators

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
181977	Mine Rescue Teams	Modified

ICR Details

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
	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

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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 Agency’s 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 rule’s 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 MSHA’s 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 Int’l Union, United Mine Workers of Am. v. Dep’t of Labor, 554 F.3d 150 (D.C. Cir. 2009). Consistent with the Court’s 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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1219-AB66	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Mine Rescue Teams	MSHA 2000-224

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	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 MSHA’s Mine Rescue Teams rule, issued on February 8, 2008, is inconsistent with Section 4 of the MINER Act in three respects. See Int’l Union, United Mine Workers of Am. v. Dep’t 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 Court’s decision. This action has resulted in an increase of public burden. This final rule revises MSHA’s existing standards for mine rescue teams for underground coal mines resulting in an increase of 216 responses and 163 burden hours.

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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

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/20/2009

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