Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements

Forms and Documents

Document Name	Status
30-day FRN (1219-0015) published.pdf Supplementary Document	2021-01-19
1219-0015 Supporting Statement.docx Supporting Statement A	2021-01-11
1219-0015 PUBLISHED 60-Day FRN 10-2020 MSHA_FRDOC_0001-0466.pdf Supplementary Document	2020-12-08

IC Document Collections

IC ID	Document Title	Status
14366	Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements	Modified

ICR Details

OMB Control No: 1219-0015	ICR Reference No: 202011-1219-001
Status: Received in OIRA	Previous ICR Reference No: 201708-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/19/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2021
Responses	28,047	31,414
Time Burden (Hours)	68,692	76,863
Cost Burden (Dollars)	1,509,202	2,034,585

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Abstract: Requires coal mine operators to submit to MSHA annual reports and certification on refuse piles and impoundments and to keep records of the results of weekly examinations and instrumentation monitoring. Impoundments are structures that can impound water, sediment, or slurry or any combination of materials; and refuse piles are deposits of coal mine waste (other than overburden or spoil) that are removed during mining operations or separated from mined coal and deposited on the surface. The failure of these structures can have a devastating affect on a community. To avoid or minimize such disasters, standards have been promulgated for the design, construction, and maintenance of these structures; for annual certifications; for certification for hazardous refuse piles; for the frequency of inspections; and the methods of abandonment for impoundments and impounding structures.

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Authorizing Statute(s): US Code: 30 USC 813(h) Name of Law: Federal Mine Safety & Health of 1977
   US Code: 30 USC 811 Name of Law: Federal Mine Safety & Health of 1977
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 63144	10/06/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 5252	01/19/2021
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
Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements

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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	28,047	31,414	0	0	-3,367	0
Annual Time Burden (Hours)	68,692	76,863	0	0	-8,171	0
Annual Cost Burden (Dollars)	1,509,202	2,034,585	0	0	-525,383	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: MSHA records show a decrease in the number of respondents from 632 to 548. The number of active impoundments decreased by 84. The number of responses overall decreased by 3,367 (from 31,414 to 28,047), and consequently, burden hours decreased by 8,171 (from 76,863 to 68,692). These decreases in responses and burden hours are due to the decrease in the number of active impoundments. There was a decrease of $525,383 (from $2,034,585 to $1,509,202) in burden cost also due to the decrease in the number of impoundments.

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Annual Cost to Federal Government: $659,435

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

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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: 01/19/2021

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