Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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www.msha.gov |  |
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SUPPORTING
STATEMENT
Standards
75.1200, 75.1200-1, 75.1201, 75.1202, 75.1202-1, 75.1203, 75.1204, 75.1204‑1,
75.372, 75.373,
75.1721, 77.1200, 77.1201, 77.1202, Requirements for the preparation and maintenance
of accurate and up-to-date mine maps (pertains to underground and surface coal
mines); Requirements for the submittal to MSHA of Final Mine Ventilation Maps and for a record of Mine Closure (pertains to
underground coal mines); and Requirements for Notification and information
submittal to MSHA for the reopening of previously abandoned or the opening of
new mines (pertains to underground coal mines) 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. Title 30 CFR
75.1200, 75.1200-1, 75.1201, 75.1202, 75.1202-1, and 75.1203 require
underground coal mine operators to have in a fireproof repository in an area on
the surface of the mine chosen by the mine operator to minimize the danger of
destruction by fire or other hazards, an accurate and up-to-date map of such
mine drawn on scale. These standards specify the information which must be
shown: the range of acceptable scale;
the surveying technique or equivalent accuracy required of the surveying which
must be used to prepare the map; that the maps must be certified as accurate by
a registered engineer or surveyor; that the maps must be kept continuously
up-to-date by temporary notations and must be revised and supplemented to
include the temporary notations at intervals of not more than 6 months. In addition, the mine operator must provide
the MSHA District Manager a copy of the certified mine map annually during the
operating life of the mine. These maps
are essential to the planning and safe operation of the mine. In addition, these maps provide a graphic
presentation of the locations of working sections and the locations of fixed
surface and underground mine facilities and equipment, escapeway routes, coal
haulage and man and materials haulage entries and other information essential
to mine rescue or mine fire fighting activities in the event of mine fire,
explosion or inundations of gas or water. The information is essential to the
safe operation of adjacent mines and mines approaching the worked out areas of
active or abandoned mines. Section 75.372 requires underground mine operators to submit three copies of an up-to-date mine map to the District Manager at intervals not exceeding 12 months. Title 30 CFR
75.1204 and 75.1204‑1 require that whenever an underground coal mine
operator permanently closes or abandons a coal mine, or temporarily closes a
coal mine for a period of 90 days, the operator shall file with MSHA a copy of
the mine map revised and supplemented to the date of closure. Maps are retained in a repository and are
made available to mine operators of adjacent properties. The maps are necessary to provide an
accurate record of underground areas that have been mined to help prevent
active mine operators from mining into abandoned areas that may contain water
or harmful gases. Title 30 CFR
77.1200, 77.1201 and 77.1202 require surface coal mine operators to maintain an
accurate and up-to-date map of the mine and specified the information to be
shown on the map, the acceptable range
of map scales, that the map be certified by a registered engineer or surveyor,
that the map be available for inspection by the Secretary or his authorized
representative. These maps are essential for the safe operation of the mine and
provide essential information to operators of adjacent surface and underground
mine operators. Properly prepared
effectively utilized surface mine maps can prevent outbursts of water impounded
in underground mine workings and/or inundations of underground mines by surface
impounded water or water and or gases impounded in surface auger mining worked
out areas. Title 30 75.373
and 75.1721 require that after a mine is abandoned or declared inactive and
before it is reopened, mine operations shall not begin until MSHA has been
notified and has completed an inspection.
Standard 75.1721 specifies that the notification be in writing and lists
specific information, preliminary
arrangements and mine plans which must be submitted to the MSHA District
Manager. 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 information
is used by operators of coal mines for effective and safe mine planning and
when approaching abandoned underground mines or the worked out and inaccessible
areas of an active underground or surface mine. The abandoned mine or inaccessible areas of an active mine could
be flooded with water or contain explosive amounts of methane or harmful
gases. If the operator were to mine
into such an area, unaware of the hazards, miners would be killed or seriously
injured. The requirements to provide
MSHA with certified underground mine maps annually, access for inspection of
surface mine maps and the filing of mine closure maps provides essential
information for MSHA to plan and conduct mandatory inspections and review and
approve mandatory mine plans and permits.
The required notifications prior to opening new mines and reopening
abandoned mines provide information to the same purpose. Accurate and up-to-date mine maps are
essential to the engineering plans and safe operation of mines and to the
health and safety of the miners. In addition,
the mine closure maps also provide information essential to protecting public
safety in the future land uses of the abandoned mine sites. 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. Facsimile machines capable
of scanning and transmitting documents greater than 8.5" x 11" in
size are not commonly used and are
not cost effective. Similarly, digital
/ electronic files used for computer generated maps are huge and require
sophisticated printers or plotters and computer software. MSHA does not maintain libraries of software
or large plotters at the district offices which would allow electronic transfer
and reproduction of maps. Xerox paper or mylar copies, hand delivered, mailed or delivered are the most practical and economical means transmitting mine maps. These prints can be as small 24" x 36" or in segments as large as 48" x 120" (as many segments and as large as the mine size and map scale dictates). MSHA provides copies of the mine abandonment maps submitted to the District Managers under 30 CFR 75.1204-1. to the U.S. Department of Interior, Office of Surface Mining, Reclamation and Enforcement (OSM), OSM microfilms and retains the maps in a repository which is available to the public and to mine operators of adjacent properties upon request. 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. The information
can only be provided by the mine operators who develop the areas, plan and
conduct the mining, and create the mine workings which are eventually worked
out and finally abandoned. MSHA requires underground mine operators to submit
maps when an area is abandoned. This
information is microfilmed and retained in a map repository and is made
available to the public and to the mine operators of adjacent properties. In addition, some States require underground
mine operators to submit final, mine closure maps and retain them in map
repositories. However, the microfilm
repository maintained by the U.S. Department of Interior’s Office of Surface
Mining Reclamation & Enforcement (OSM) containing copies of the maps
submitted to the MSHA District Managers, is the best organized, indexed, and
complete source of information available.
Maps are unique
to each mine. There is no other source
for this information. 5. If the
collection of information impacts small businesses or other small entities
(Item 5 of OMB Form 83-I), describe any methods used to minimize burden. The Federal Mine Safety and
Health Act of 1977 (Mine Act) and the regulations and standards thereunder
apply to all mine operators. Accidents, injuries, and illnesses can occur at
all mines regardless of size. The
legislative history of the Mine Act indicates that the law is to be enforced at
all mining operations under the jurisdiction of the Act regardless of size and
that information collection and recordkeeping requirements be consistent with
efficient and effective enforcement of the Act. S. Rep. 181, 95th Cong., 1st Sess. 28 (1977). However, the legislative history does
indicate that Congress recognized that small operations may face problems in
complying with some of the provisions of the Mine Act. Section 103(e) of the Mine Act directs the Secretary of
Labor not to impose an unreasonable burden on small businesses in obtaining any
information under the Act. Accordingly,
MSHA interprets these regulatory requirements, in view of the different requirements
which may exist for large and small mines. Because the size and detail of each
mine map reflects the size and detail of an individual mine, the information
collection and recordkeeping requirements correlate to this level of detail and
complexity. 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. Mine operators
are required to conduct surveys to ensure that mine maps are maintained
accurately and up-to-date, the maps must be revised not more than every 6
months and certified accurate by a registered engineer or surveyor and copies
of the certified underground maps submitted to MSHA annually and an up-to-date
and revised mine closure map whenever an operator permanently closes or
abandons a coal mine, or temporarily closes a coal mine for a period of more
than 90 days, he or she shall promptly notify the Secretary of such closure. In addition,
mine operators must notify MSHA when a new mine is opened or a previously
abandoned or inactive mine is reopened so that an inspection can be
conducted. The information gathered and
recorded on mine maps is essential for the safe operation of the mine and is
essential for assuring compliance with the safety standards imposed by the Mine
Act and MSHA regulations. The information is unavailable from any other
source. Only the mine operator is
capable of continuously updating the mine map. Inaccurate or outdated
information would endanger miner safety. 7. Explain
any special circumstances that would cause an information collection to be
conducted in a manner: ! requiring
respondents to report information to the agency more often than quarterly; ! requiring
respondents to prepare a written response to a collection of information in
fewer than 30 days after receipt of it; ! requiring
respondents to submit more than an original and two copies of any document; ! requiring
respondents to retain records, other than health, medical, government contract,
grant-in-aid, or tax records for more than three years; ! 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; ! requiring
the use of a statistical data classification that has not been reviewed and
approved by OMB; ! 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 ! 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
requirements are consistent with the guidelines in 5 CFR 1320.5. 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. MSHA published
a 60-day preclearance FEDERAL REGISTER notice on August 20, 2002, 9. Explain
any decision to provide any payment or gift to respondents, other than remuneration of contractors or
grantees. MSHA has
decided not to 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. The Mine Act
and Section 75.1203 provide that the coal mine map and any revision and
supplement thereof shall be available for inspection by the Secretary or his
authorized representative, by coal mine inspectors of the State in which the
mine is located, by miners in the mine and their representatives and by
operators of adjacent coal mines and by persons owning, leasing, or residing on
surface areas of such mines or areas adjacent to such mines. The operator shall
furnish to the Secretary or his authorized representative and to the Secretary
of Housing and Urban Development, upon request, one or more copies of such maps
and any revision and supplement thereof. Such map or revision and supplement
thereof shall be kept confidential and its contents shall not be divulged to
any other person, except to the extent necessary to carry out the provisions of
this Act and in connection with the functions and responsibilities of the
Secretary of Housing and Urban Development. 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: ! 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. ! If
this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens in Item 13 of OMB
Form 83-I. ! 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 in Item 14. Mining
companies maintain maps of their operations for a multitude of purposes. These maps serve as a graphic presentation
of work completed and projected and as such are invaluable planning tools. The maps provide information essential to
communicating operating directives, to training personnel, to calculating and
projecting equipment purchases, to scheduling and planning development mining
and underground construction, to calculating royalty payments, and have
traditionally been required by State agencies for licensing, permits and
employee safety purposes. MSHA
standards require only such information as would have value in evaluating that
the operation is complying with specific safety standards and accurate and
up-to-date mine maps are essential in the event of a major mine accident
event. Nevertheless, MSHA standards do specify that these maps be created (a record of mining activities), be available for inspection and require copies provided to MSHA and, in that sense, impose a recordkeeping burden. MSHA estimates (using FY 2001 labor costs
calculated from weighted averages of U.S. Coal Mine Salaries, Wages and
Benefits - 2001 Survey Results, Western Mine Engineering, Inc. and actual numbers
of operating underground and surface coal mines) that
the annual burden for CFR Title 30 Part 75 Subpart M - Maps is as follows: Maps are
prepared and revised twice annually based upon information gathered through
mine surveying and kept up-to-date by notations between revisions. MSHA estimates that of the 893
underground mines working at any given
time, only 25% (224) are mines large enough to have survey crews, drafting or
computer drafting and a professional engineer or surveyor on the payroll. MSHA also estimates that it takes
approximately 8 hours for a three person survey crew to complete all activities
related to surveying a typical underground coal mine. It also takes an engineer 4 hours to review the survey crew’s
work and perform other related activities and 4 hours for a draftsman or
computer technician to update the map or input survey data. The remaining 75% (669) of the underground
mines utilize contract surveying and engineering companies. 224 mines x 3 man surveying crew x 8 hrs X
2/year = 10,752 hours For registered
engineer or surveyor to supervise surveying, drafting and certify map accuracy
at 224 mines x 1 registered engineer or surveyor x
4 hours x 2/year = 1,792 hours Data entry,
system operation or drafting, preparation of prints and documents for state or
federal agencies 224 mines x 1 draftsmen/computer technician x 4
hours x 2/year = 1,792 hours MSHA estimates
that the average hourly cost for such technical personnel, survey crewmen is equivalent to that on a coal miner at $28.07 per hour for an annual cost of: 10,752 hours x
$28.07 per hour = $301,809 MSHA estimates
the average hourly cost of an on staff registered engineer or surveyor to be
$41.80 per hour for an annual cost
of: 1,792 hours x
$41.80 per hour = $74,906 MSHA estimates
the average annual cost of a draftsman / computer technician (on surface office
worker) to be the same as a secretary at $19.58 per hour for an annual cost of: 1,792 hours x
$19.58 per hour = $35,087 _______________________________________________________ CFR Title 30
standards 75.1204 and 75.1204-1 requires that the certified mine maps be
revised and supplemented to date of the closure and a copy be submitted to
MSHA. Safety specialists estimate that
it takes approximately 2 additional hours to update the map. MSHA's records show that there is an average
of 724 underground coal mine
closures each year. Those closures may
be temporary, permanent or permanent with all surface openings sealed. In all cases, if the closure is for a period
greater than 90 days, the mine operator is required to submit to the MSHA
District Manager an updated mine map. 724 mine
closure maps x 2 hours = 1,448 hours MSHA estimates
that the update and submittal of the closure map will require the services of
both the draftsman/computer technician to be the same as a secretary at $19.58
and a registered engineer or surveyor at hourly costs of $41.80 each: 724 hours per
closure map x $19.58 per hour for draftsman/computer tech. = $14,176 724 hours per
closure map x $41.80 per hour for
registered engineer/surveyor = $30,263 _______________________________________________________ MSHA’s estimate
of burden hours and cost for CFR Title 30 standards 75.373 and 75.1721
requirement for underground mine operators to notify MSHA prior to opening a
new mine or reopening a previously abandoned or inactive mine is as follows: Standard
75.1721 specifies the information and mandatory mine plans which must be
submitted to the MSHA District Manager prior to opening the mine and prior to
MSHA conducting an inspection before coal extraction begins. The required notification does not include
the submittal of a certified mine map but does include documents and
preliminary roof control and mine ventilation plans normally developed by a
mine safety director, a production manager or an engineering technician. The information and plans require in the
notification are neither complex nor extremely detailed due to the presumed
need to revise the plans as soon as experience is gained in the actual mining
conditions. The revised plan submittals
are addressed under their respective standards in other recertification
estimates. MSHA records (ACA inspection
events) the opening or reopening of 94 underground
mines in fiscal year 2001 and
estimates that each notification requires 6 hours to formulate and submit the
required information and preliminary plans. 94 new mine or
reopening of mine notifications x 6 hours = 564 hours MSHA estimates
that the average hourly cost for preparation of such notifications to be $54.92
per hour for a mine supervisor/safety director resulting in a burden cost of: 564 hours x
$54.92 per hour for mine supervisor/safety director = $30,975 _______________________________________________________ MSHA’s estimate
of the burden hours and costs of CFR Title 30 Part 77 Subpart M - Maps
(77.1200, 77.1201 and 77.1202) for surface mine operators to conduct the
surveying, prepare and maintain the required certified mine maps is as follows: In fiscal year
2001 MSHA records 1,514 active
surface mines. MSHA estimates that 25%
(or 379) of those mines are sufficiently large to employ full time survey crews
and registered engineers with the remaining 75% (or 1,135) utilize contract
surveying/engineering companies.
Generally, surveying of surface mines can be accomplished more
efficiently, using more sophisticated surveying equipment and fewer man hours. In addition, there exists substantially less
risk of miners being entrapped or the mines requiring major mine rescue or
recovery efforts. As a result, the
surface mine map standards do not include the continuous updating with
notations, availability at the mine site in a fire proof repository, or
revisions every 6 months. However, the
mine maps must be certified by a registered engineer or surveyor. MSHA estimates that a survey crew of three,
including the registered engineer or surveyor, can maintain the required map
accurately and sufficiently up-to-date to satisfy the operating needs of the
mine and have available to a representative of the Secretary the required
information on the mine map. A typical
surface survey is estimated to take 8 hours to complete by the survey crew with
an additional 4 hours by the engineer to review the work and conduct related
activities. In as much as these persons
work only on the surface, MSHA estimates the survey crewmen hourly rate to be equivalent to that on a coal miner at
$28.07 per hour and the registered
engineer or surveyor hourly rate at $41.80 per hour. 379 mines x 2
survey crewmen x 8 hours = 6,064 hours 379 mines x 1
engineer x 4 hours = 1,516 hours 6,064 hours x
$28.07 per hour = $170,216 1,516 hours x
$41.80 per hour for a register engineer/surveyor = $63,369 _______________________________________________________ The summary and
total burden hours and costs for all CFR Title 30 Parts 75 and 77 standards is
as follows: Part 75 Subpart
M - Maps (75.1200, 75.1200-1, 75.1201, 75.1202, 75.1202-1 and 75.1203)
(excluding mine closure maps) Burden hours = 10,752 + 1,792 + 1,792 = 14,336 hours Direct burden
Cost = $301,809 + $74,906 + $35,087 =
$411,802 Mine closure
maps (75.1204 and 75.1204-1) Burden
Hours = 2,896 hours Direct Burden
Cost = $14,176 + $30,263 =
$44,439 MSHA
notification of opening new mines or reopening inactive or abandoned mines
(75.373 and 75.1721) Burden
Hours = 564 hours Direct Burden
Cost = $30,975 Part 77 Subpart
M - Maps (77.1200, 77.1201 and 77.1202) Burden Hours = 6,064 + 1,516 =
7,580 hours Direct Burden
Cost = $170,216 + $63,369 = $233,585 Total Burden Hours = 23,928Total Direct Burden Cost = $720,801 Previous
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