1219-0083 Supporting Statement 2022

Daily Inspection of Surface Coal Mine; Certified Person; Reports of Inspection

OMB Control Number: 1219-0083

OMB Expiration Date: 9/30/2022

Supporting Statement for

Paperwork Reduction Act Submissions

OMB Control Number: 1219-0083

Title: Daily Inspection of Surface Coal Mine; Certified Person; Reports of Inspection (pertains to surface coal mines)

Form Number(s): None

Authority: 30 CFR 77.1713

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

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), 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (MSHA) to collect information necessary to carry out its duty to protect the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811, authorizes the Secretary of Labor 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 and metal and nonmetal mines.

Section 77.1713 requires coal mine operators to conduct an examination of each active working area of surface mines and each active surface installation for hazardous conditions during each working shift. A report of hazardous conditions detected must be entered into a record book, along with a description of any corrective actions taken.

A number of potential hazards may exist at surface coal mines and facilities. Highwalls, mining equipment, travelways, and the handling of mining materials present potentially hazardous conditions. Before daily examinations of working areas and surface installations were required, numerous miners lost their lives or were seriously injured in areas affected by the standard. The majority of these fatalities and injuries resulted from hazardous conditions that were not detected and corrected in these areas. Mine operators ensure a safe working environment for miners by conducting on‑shift examinations for hazardous conditions in working areas and surface installations.

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

The records are used by MSHA inspectors to determine that any hazards found have either been corrected or barricaded in compliance with the standard. Mine operators use these records to identify areas of the mine or equipment that present hazards to miners and, therefore, must be corrected to prevent miner injuries or death. Repeated hazardous conditions in any area or involving a particular piece of equipment would indicate to the operator the need for modification of operating procedures or replacement or repair of equipment.

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 information technology has been identified that would reduce the burden.

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

Each mine operator must conduct examinations and keep records of the results at individual mines. There are no similar or duplicate records that could be used. Where State agencies require similar examinations and records, those mine operators may use such records to satisfy the MSHA standard.

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

This information does not have a significant impact on 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.

Section 77.1713(a) requires that examinations for hazardous conditions be conducted at least once during each shift. Less frequent examinations could result in unsafe conditions going undetected and possibly resulting in an accident. The records collected under this standard help MSHA to ensure a safe working environment for miners.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

a. requiring respondents to report information to the agency more often than quarterly;

b. requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

c. requiring respondents to submit more than an original and two copies of any document;

d. requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

e. 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;

f. requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

g. 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

h. 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.

The special circumstances contained in item 7 of the supporting statement are not applicable to this information collection.

8. If applicable, provide a copy and identify the data 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 these 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, notifying the public that these information collection requirements are being reviewed in accordance with the Paperwork Reduction Act of 1995, and giving interested persons 60 days to submit comments. 87 FR 16240 March 22, 2022.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

MSHA does not provide payments 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. Records are maintained by the mine operator.

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 form 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:

a. 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.

b. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

c. 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 under Item 14.

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 Headquarters Enforcement Division the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.

Operators of surface coal mines are required to conduct examinations of active work areas for hazardous conditions during each shift. Records of the nature and location of any hazardous conditions found and the actions taken to abate the hazardous conditions are required to be kept.

MSHA records for CY2020 indicate that there were a total of 796 surface coal mines and surface facilities affected by the requirements to make the examinations under section 77.1713 and to have examination reports signed or countersigned under section 77.1713(d). MSHA records indicate that there were approximately 248,880 shifts worked during CY2020. Since one work place examination is required per shift, a total of 248,880 examinations were conducted for CY2020.

MSHA used data from the May 2020 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates¹ and adjusted the rates for benefits² and wage inflation³. It will take a mine supervisor, earning approximately $58.13 per hour⁴, about 1 hour to conduct the examination and approximately 30 minutes for a clerical person, earning $31.16 per hour⁵, to make the record.

Estimated Annualized Burden Hours and Costs
Type of Respondent	30 CFR Section/ Collection Activity	No. of Re-spon-dents	No. of Respon-ses per Respon-dent	Total No. of Respon-ses	Avg. Burden per Respon-se (in hours)	Total Annual Burden (in hours/ rounded to whole numbers)	Avg. Hourly Wage Rate	Total Annual Respondent Cost
Business or other for-profit	30 CFR 77.1713/ Exams	796	248,880/796	248,880	1 h	248,880.00 hours	$58.13	$14,467,394.40
Business or other for-profit	30 CFR 77.1713/ Recordkeeping	796	248,880/796	248,880	(30 min) .50 h	124,440.00 hours	$31.16	$3,877,550.40
Total		796		248,880		(rounded) 373,320		(rounded) $18,344,945

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden.).

a. The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

b. If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

c. Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are no capital costs specific to compliance with this standard. There is no annual capital cost burden to respondents or record keepers resulting from the collection of this information.

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 inspectors examine the records during routine inspections. MSHA believes that this burden is minimal and has assigned no cost factor.

15. Explain the reasons for any program changes or adjustments.

Respondents: There has been a decrease of 97 respondents from 893 to 796. The decrease in respondents is due to the reduction in number of surface coal mines and surface facilities.

Responses: There has been a decrease of 108,320 responses from 357,200 to 248,880 due to a decrease in the number of shifts during which shift examinations were conducted. The decrease in the number of mines combined with decreased number of shifts per mine has resulted in a corresponding decrease in the number of shifts worked during CY2020.

Hours: There has been a decrease of 162,480 hours from 535,800 to 373,320 due to the decrease in the total number of work place examinations.

Cost: There is no difference from the previous OMB inventory. The cost remains $0.

16. For collections of information whose results will 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 associates no forms with this information 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

The collection of this information does not employ statistical methods.

1 Options for obtaining OEWS data are available at item “E3. How to get OEWS data. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm.

2 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at http://www.bls.gov/data/ or directly with http://download.bls.gov/pub/time.series/cm/cm.data.0.Current. Insert the data series 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 used the latest 4-quarter moving average 2020Qtr3-2021Qtr2 to determine that 32.9 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 and values 1 + (benefit percentage/(1-benefit percentage)) = 1+(.329/(1-.329)) =1.49.

3 Wage 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; Qtr 2 2021/Qtr 2 2020=144.3/139.2=1.037).

4 For the supervisor worker hourly wage rate, MSHA used the employment weighted mean hourly wage from the OEWS May 2020 survey, for 4 First-Line Supervisor occupations. The weighted mean was adjusted for benefits and inflation to obtain a fully loaded rate of $58.13 in 2021 ($37.62 x 1.49 x 1.037). All subsequent uses of $58.13 represent supervisor hours. For all 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.

5 For the clerical worker hourly wage rate, MSHA used the employment weighted mean hourly wage from the OEWS May 2020 survey, for 12 clerical worker occupations. The weighted mean was adjusted for benefits and inflation to obtain a fully loaded rate of $31.16 in 2021 ($20.17 x 1.49 x 1.037). All subsequent uses of $31.16 represent clerical hours.

8