SUPPORTING STATEMENT

 

Part 46 – Training and retraining of miners engaged in shell dredging or employed at sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mines.

 

Sections 46.3, 46.5, 46.6, 46.7, 46.8, 46.9, and 46.11 Training plans; New miner training; Newly-hired experienced miner training; New task training; Annual refresher training; Records of training; and Site-specific hazard awareness training.

 

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.

 

This rule enforces MSHA’s existing health and safety training regulations in 30 CFR part 48 by establishing training requirements in 30 CFR part 46 for shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate, and surface limestone mines.  MSHA’s objective in these requirements is to ensure that all miners receive the required training, which would result in a decrease in accidents, injuries, and fatalities.  This rule enforces training requirements at approximately 10,305 surface nonmetal work sites and 105,300 miners.

 

Section 46.3  Training plans.  Paragraph (a) of § 46.3 requires mine operators to develop and implement a written training plan approved by MSHA that contains effective programs for training new miners and experienced miners, training miners for new tasks, annual refresher training, and hazard training.

 

Paragraph (b) requires the following information, at a minimum, to be included in a training plan:

 

(1)           The company name, mine name, and MSHA mine identification number;

 

(2)           The name and position of the person designated by the operator who is responsible for the health and safety training at the mine.  This person may be the operator;

 

(3)           A general description of the teaching methods and the course materials that are to be used in providing the training, including the subject areas to be covered and the approximate time to be spent on each subject area;

 

(4)           A list of the persons who will provide the training, and the subject areas in which each person is competent to instruct; and

 

(5)           The evaluation procedures used to determine the effectiveness of training.

 

Paragraph (c) requires a plan that does not include the minimum information specified in paragraph (b) to be approved by MSHA.  For each size category, the Agency estimates that 20 percent of mine operators will choose to write a plan and send it to MSHA for approval.

 

Paragraph (d) requires mine operators to provide miners’ representatives with a copy of the training plan.  At mines where no miners’ representative has been designated, a copy of the plan must be posted at the mine or a copy must be provided to each miner. 

 

Paragraph (e) provides that within 2 weeks following receipt or posting of the training plan, miners or their representatives may submit written comments on the plan to mine operators, or to the Regional Manager, as appropriate.  The burden hours and costs of this provision are not borne by mine operators, but by miners and their representatives.

 

Paragraph (g) requires that the miners’ representative with a copy of the approved plan within one week after approval. At mines where no miners’ representative has been designated, a copy of the plan must be posted at the mine or a copy must be provided to each miner. 

 

Paragraph (h) allows mine operators, miners, and miners’ representatives to appeal a decision of the Regional Manager in writing to the Director for Education Policy and Development.  The Director would issue a decision on the appeal within 30 days after receipt of the appeal.

 

Paragraph (i) requires mine operators to make available at the mine site a copy of the current training plan for inspection by MSHA and for examination by miners and their representatives.  If the training plan is not maintained at the mine site, mine operators must have the capability to provide the plan upon request by MSHA, miners, or their representatives.

 

Section 46.5  New miner training.  Paragraph (a) of § 46.5 requires mine operators to provide each new miner with no less than 24 hours of training.  Miners who have not received the full 24 hours of new miner training must work where an experienced miner can observe that the new miner is working in a safe manner.

 

Section 46.6  Newly hired experienced miner training.  Paragraph (a) of § 46.6 requires mine operators to provide each newly hired experienced miner with certain training before the miner begins work.

 

Section 46.7  New task training.  Paragraph (a) of § 46.7 requires, before a miner performs a task for which he or she has no experience, that the mine operator train the miner in the safety and health aspects and safe work procedures specific to that task.  If changes have occurred in a miner’s regularly assigned task, the mine operator must provide the miner with training that addresses the changes.

 

Section 46.8  Annual refresher training.  Paragraph (a) of § 46.8 requires, at least every 12 months, that the mine operator provide each miner with no less than 8 hours of refresher training.

 

Section 46.9  Records of training.  Paragraph (a) of § 46.9 requires the mine operators upon completion of each training program, to record and certify on MSHA Form 5000-23, or on a form that contains the required information, that the miner has completed the training.  False certification that training was completed is punishable under § 110(a) and (f) of the Act.

 

Section 46.11  Site-specific hazard awareness training.  Paragraph (a) of § 46.11 requires the mine operator to provide site-specific hazard training to non-miners, including the following persons:  scientific workers; delivery workers and customers; occasional, short-term maintenance or service workers, or manufacturers’ representatives; and outside vendors, visitors, office or staff personnel who do not work at the mine site on a continuing basis.

 

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 allow mine operators to determine that miners have received the required training.  MSHA inspectors use the records to determine that training required by the regulations is being provided.

 

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.

 

The training plans required by § 46.3 may include narratives, descriptions, lists and tables.  The plans can be prepared using Personal Computers and word processing programs and submitted via e‑mail or facsimile, and may be followed by a signed hard copy.

 

MSHA has developed and implemented an electronic system (the MSHA Training Plan Advisor) for mine operators to prepare and submit training plans through the Internet.  This system has been available for Part 46 mining operations since September 2000.  This is an optional method for the mining industry to prepare and file required training plans.  The design of this system increases the likelihood that the plan will be complete, with the potential to decrease the paperwork burden.  This system is maintained on Department of Labor servers, and is accessed through MSHA's Homepage at http://www.msha.gov, Forms and Online Filings.  This rule enforces training requirements at approximately 10,305 surface nonmetal work sites and 5% or 554 electronic submittals were received by MSHA.

 

Paragraph (a) of § 46.9 allows mine operators to record and certify on MSHA Form 5000-23, or on a form that contains the required information.  Form 5000-23 is the mandatory approved form under collection 1219-0070, Certificate of Training (30 CFR 48.9 and 48.29).  Because the use of form 5000-23 is optional mechanism by which training can be recorded or certified, the burden for this task is kept separate from 1219-0070. 

 

The form 5000-23 and other sample records are accessible for downloading on the MSHA Homepage: 

 

http://www.msha.gov, Forms and Online Filings; and,

under Special Initiatives, Part 46 Training

 

Paragraph (d) allows mine operators to maintain training certificates at a centralized location, as long as the mine operator has the capability to provide the certificates upon request by MSHA, miners, or their representatives.

 

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.

 

No similar or duplicate information exists.

 

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 provisions of the Mine Act and MSHA regulations and standards apply to all operations because accidents, injuries, and illnesses can occur at any mine, regardless of size.  Congress intended that the law be enforced at all mining operations within its jurisdiction, regardless of size, and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Act.  (See S. Rep. No. 181, 95^th Cong., 1^st Sess. 28 (1977).)

 

Congress recognized, however, 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 when obtaining any information under the Act.  MSHA takes this statutory language into consideration in developing regulatory requirements when different requirements for small and large mines exist and, when appropriate and consistent with ensuring the health and safety of miners when different requirements for small and large mines exist.

 

Further, MSHA has minimized this burden by providing small and large operations with the option of using an interactive, online version of the training plan (refer to information in Question No. 3 above).  We also provide a Part 46 Starter Kit which, among other useful information, contains a model training plan, as well as, examples of training records that operators may use to record the training of miners.  Both the online training plan and the kit are available through our homepage.

 

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.

 

MSHA believes that these information collection requirements are the minimum necessary to ensure that miners receive the required training.  Reduction in these requirements may result in miners being subjected to unsafe conditions in the mine and, thus, jeopardizing their lives.

 

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;

 

Not applicable.

 

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

 

Not applicable.

 

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

 

Not applicable.

 

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

 

Not applicable.

 

!               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;

 

Not applicable.

 

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

 

Not applicable.

 

!               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

 

The Agency neither makes nor requires a pledge of confidentiality.

 

!               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.

 

Although there is no explicit requirement that a mine operator retain records for more than three years, the operator must maintain a current, approved training plan during the entire time the mine is in operation.  This collection of information is otherwise 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 the proposed rule (64 FR 18497-18528) which contained the information collection requirements in the Federal Register, giving interested persons 60 days to submit comments; therefore, notifying the public that these information collection requirements were being reviewed by OMB in accordance with the Paperwork Reduction Act.  MSHA also mailed copies of the Federal Register notice of proposed rulemaking to all affected mines.

 

MSHA will publish a 60‑day pre-clearance FEDERAL REGISTER notice on [REPLACE WITH NEW PUBLICATION DATE], soliciting public comments regarding the reinstatement of this information collection.

 

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 records are covered by a Privacy Act notice published in the Federal Register.  Training plans are part of MSHA’s two management Information Systems: (1) Labor/MSHA-3, Metal and Nonmetal Mine Safety and Health Management Information System, and (20 Labor/MSHA-18, Coal Mine Safety and Health Management Information System.)  Computerized and manual records are indexed by mine identification number.  Computer safeguards are as described in the National Bureau of Standards Booklet, “Computer Security Guidelines for Implementing the Privacy Act of 1974.”  Manual records are stored in locked files and are accessible only to authorized personnel during working hours.

 

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.

 

Section 46.3(a) for existing mines - write training plans

 

Paragraph (a) of § 46.3 requires existing mine operators to develop and implement a written training plan approved by MSHA that contains effective programs for training new miners and experienced miners, training miners for new tasks, annual refresher training, and hazard training.  The mines affected by this provision in each size category are: 5,226 mines that employ 19 or fewer workers; and 251 mines that employ 20 or more workers.

                                                                                                       

MSHA estimates that a mine supervisor, earning $44.93 per hour, would take 2 hours to write a plan in mines that employ fewer than 20 persons, and 4 hours in mines that employ 20 or more persons.  On average, these burden hours and related costs will occur once every two years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using an annualization factor of 0.553.   (Note:  All calculations have been rounded.)

 

Recurring burden hours

Mines (1-19) 5,226 mines x 2 hours = 10,452 hours

Mines (>20) 251 mines x 4 hours =       1,004 hours

       11,456 hours

11,456 hours/2 (once every 2 yrs) =                                            5,728 hours

 

Recurring burden costs

11,456 hours x $44.93 =  $514,718

 

Recurring burden costs annualized

$514,718 x 0.553 =                                                                            $284,639

 

Section 46.3(a) for new mines - write training plans

 

Also, under paragraph (a) of § 46.3 each affected new mine operator must develop a written training plan.  The affected mines in each size category that must write a plan are: 196 mines that employ 19 or fewer workers; and 25 mines that employ 20 or more workers.

 

MSHA estimates that writing the training plan will take 2 hours for mines that employ fewer than 20 workers, and 4 hours for mines that employ 20 or more workers.  For all affected mines, a mine supervisor earning $44.93 per hour will write the plan.  These burden hours and costs will occur annually.

 

Annual burden hours

Mines (1-19) 196 mines x 2 hours =                                             392 hours

Mines (>20)  25 mines x 4 hours =                                               100 hours

                                                                                                                492 hours

 

Annual burden costs

492 hours x $44.93 =                                                                        $22,106

 

Section 46.3(c) for existing mines - provide training plan to MSHA and notify miner or miners’ representative

 

Paragraph (c) requires a plan that does not include the minimum information specified in paragraph (b) to be approved by MSHA.  For each size category, the Agency estimates that 20 percent of mine operators will write a plan and send it to MSHA for approval.  The mines affected by this provision in each size category are: 765 mines that employ 5 or fewer workers; 280 mines that employ between 6 and 19 workers; and 50 mines that employ 20 or more workers. 

 

MSHA estimates that it would take a clerical worker, earning $18.44 per hour, about 0.2 hour per mine to copy and mail the training plan.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.  On average, these burden hours and related costs will occur once every two years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using an annualization factor of 0.553.   

 

Recurring burden hours

1095 mines – 55 mines (5% are electronic submissions)

x 0.2 hour = 208 hours;

208 hours/2 (once every 2 yrs) =                                  104 hours

 

Recurring burden costs

208 hours x $18.44 =  $3,836

 

Recurring burden costs annualized

$3,836 x 0.553 =                                                                                 $2,121

 

Section 46.3(c) for new mines - provide training plan to MSHA and notify miner or miners’ representative

 

A plan that does not include the minimum information specified in § 46.3(b) must be approved by MSHA.  The plan must be sent to MSHA and the miner or miners’ representative must be notified of the submission.  For each mine size category, MSHA estimates that 20 percent of new mine operators that chose to write a plan will send it to MSHA for approval.  Thus, the mines affected by this provision in each size category are: 25 mines that employ 5 or fewer workers; 14 mines that employ between 6 and 19 workers; and 5 mines that employ 20 or more workers.

 

MSHA estimates that a clerical worker, earning $18.44 per hour, will require about 0.2 hour per mine to copy and mail the plan and notify miner or miner representative and to MSHA.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.  These burden hours and costs will occur annually.

 

Annual burden hours

44 mines – 2 mines (5% are electronic submissions)

x 0.2 hours =                                                                                       8 hours

 

Annual burden costs

8 hours x $18.44 =                                                                             $148

 

Section 46.3(d) for existing mines - provide training plan to miner representative or post

 

Paragraph (d) requires mine operators to provide miners' representatives with a copy of the training plan.  At mines where no miners' representative has been designated, a copy of the plan must be posted at the mine or a copy must be provided to each miner.  The mines affected by this provision in each size category are: 3,827 mines that employ 5 or fewer workers; 1,399 mines that employ between 6 and 19 workers; and 251 mines that employ 20 or more workers.

 

MSHA estimates that a clerical worker, earning $18.44 per hour, would take 0.1 hour to photocopy the plan and either deliver or post the plan.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.  On average, these burden hours and related costs will occur once every two years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using an annualization factor of 0.553.

 

Recurring burden hours

5,477 mines x 0.1 hour = 548 hours;

548 hours/2 (once every 2 yrs) =                                  274 hours

 

Recurring burden costs

548 hours x $18.44 =  $ 10,105

 

Recurring burden costs annualized

$10,105 x 0.553 =                                                                               $5,588

 

Section 46.3(d) for new mines - provide training plan to miner representative or post

 

The mine operator must provide the miners’ representative with a copy of the training plan.  At mines where no miners’ representative has been designated, a copy of the plan must be posted at the mine or a copy must be provided to each miner.  The mines that are affected by this provision, in each size category, are: 127 mines that employ 5 or fewer workers; 69 mines that employ between 6 and 19 workers; and 25 mines that employ 20 or more workers.

 

MSHA estimates that a clerical worker, earning $18.44 per hour, will require 0.1 hour to photocopy the plan and either deliver or post the plan.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.  These burden hours and related costs will occur annually.

 

Annual burden hours

221 mines x 0.1 hour =                                                                    22 hours

 

Annual burden costs

22 hours x $18.44 =                                                                          $406

 

Section 46.3(e) for existing mines - miners or their representatives submission of written comments on training plan

 

This provision is not borne by the mine operator, but by miners or miners’ representatives.  Paragraph (e) provides that within 2 weeks following receipt or posting of the training plan, miners or their representatives may submit written comments on the plan to mine operators, or to the Regional Manager, as appropriate.

 

MSHA estimates that a miner or miners' representative would submit comments for 5 percent of the affected mines in each size category.  The mines affected in each size category are: 191 mines that employ 5 or fewer workers; 70 mines that employ between 6 and 19 workers; and 13 mines that employ 20 or more workers.  MSHA estimates that a miner or miners' representatives, earning $19.81 per hour, would take 2 hours per affected mine to prepare written comments. Because the earning rate and task time do not differ across mine size, one calculation is shown below.

 

In addition, 2 percent of mines will request a plan review in their comments.  The mines affected in each size category are: 77 mines that employ 5 or fewer workers; 28 mines that employ between 6 and 19 workers; and 5 mines that employ 20 or more workers.  MSHA estimates that a miner or miners' representatives, earning $19.81 per hour, would take 0.3 hours per affected mine to prepare written comments.

 

On average, these burden hours and related costs will occur once every two years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using an annualization factor of 0.553.

 

Recurring burden hours

(274 mines x 2 hours)+ (110 mines x 0.3 hours) = 581 hours;

581 hours /2 (once every 2 yrs) =                                                 291 hours

 

Recurring burden costs

581 hours x $19.81 = $11,510

 

Recurring burden costs annualized

$11,510 x 0.553 =                                                                               $6,365

 

Section 46.3(e) for new mines - miners or their representatives submission of written comments on training plan

 

This provision is not borne by the mine operator, but by miners or miners’ representatives.  Paragraph (e) provides that within 2 weeks following receipt or posting of the training plan, miners or their representatives may submit written comments on the plan to mine operators, or to the Regional Manager, as appropriate.

 

MSHA estimates that a miner or miners' representative would submit comments for 5 percent of the affected new mines in each size category.  The mines affected in each size category are: 6 mines that employ 5 or fewer workers; 3 mines that employ between 6 and 19 workers; and 1 mine that employs 20 or more workers.  MSHA estimates that a miner or miners' representatives, earning $19.81 per hour, would take 2 hours per affected mine to prepare written comments. Because the earning rate and task time do not differ across mine size, one calculation is shown below.

 

In addition, 2 percent of mines will request a plan review in their comments.  The new mines affected in each size category are: 3 mines that employ 5 or fewer workers; 1 mine that employs between 6 and 19 workers; and 1 mine that employs 20 or more workers.  MSHA estimates that a miner or miners' representatives, earning $19.81 per hour, would take 0.3 hour per affected mine to prepare written comments.  These burden hours and related costs will occur annually.

 

Annual burden hours

(10 mines x 2 hours)+ (5 mines x 0.3 hour) =                            22 hours

 

Annual burden costs

22 hours x $19.81 =                                                                          $ 436

 

Section 46.3(g) for existing mines - provide miner or representative with copy of approved training plan or post if no miner representative

 

Requires the mine operator to provide the miners’ representative, if any, with a copy of the approved training plan within one week of approval.  At mines where no miners’ representative has been designated, the operator must post a copy of the plan at the mine site or provide a copy to each miner within one week of approval.

 

MSHA estimates that the affected existing mines are: 765 mines that employ 5 or fewer workers; 280 mines that employ between 6 and 19 workers; and 50 mines that employ 20 or more workers.  On average, a clerical worker, earning $18.44 per hour, is estimated to take 0.1 hour to photocopy and either post or deliver the approved training plan.  Because the earning rate and task time do not differ across mine sizes, one calculation is shown below.  On average, these burden hours and costs occur once every 2 years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using a 0.553 annualization factor. 

 

Recurring burden hours

1095 mines x 0.1 hours =                110 hours;

110 hours/2 (once every 2 yrs) =                                  55 hours

 

Recurring burden costs

110 hours x $18.44 =  $2,028

 

Recurring burden costs annualized

$2,028 x 0.553 =                                                                                 $ 1,121

 

Section 46.3(g) for new mines - provide miner or representative with copy of approved training plan or post if no miner representative

 

Requires the mine operator to provide the miners’ representative, if any, with a copy of the approved training plan within one week of approval.  At new mines where no miners’ representative has been designated, the operator must post a copy of the plan at the mine site or provide a copy to each miner within one week of approval.

 

MSHA estimates that the affected new mines are: 25 mines that employ 5 or fewer workers; 14 mines that employ between 6 and 19 workers; and 5 mines that employ 20 or more workers.  On average, a clerical person, earning $18.44 per hour, is estimated to take 0.1 hour to photocopy and either post or deliver the approved training plan.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.

 

Annual burden hours

44 mines x 0.1 hour =                                                                       4 hours

 

Annual burden costs

4 hours x $18.44 =                                                                             $74

 

Section 46.3(h) for existing mines - appeal by mine operator

 

Paragraph (h) allows mine operators, miners, and miners' representatives to appeal a decision of the Regional Manager in writing to MSHA’s, Director for Education Policy and Development.  The Director would issue a decision on the appeal within 30 days after receipt of the appeal.  The mines affected by this provision in each size category are: 15 mines that employ 5 or fewer workers; 6 mines that employ between 6 and 19 workers; and 1 mine that employs 20 or more workers.

 

MSHA estimates that for 90% of the mine operators affected by this provision, the appeal would be written by a mine supervisor.  MSHA estimates that a mine supervisor, earning $44.93 per hour, would take 4 hours to write the appeal.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.   On average, these burden hours and costs occur once every 2 years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using a 0.553 annualization factor. 

 

Recurring burden hours

22 mines x 4 hours = 88 hours;

88 hours/2 (once every 2 yrs) =                                                    44 hours

 

Recurring burden costs

88 hours x $44.93 = $3,954

 

Recurring burden costs annualized

$3,954 x 0.553 =                                                                                 $ 2,187

 

Section 46.3(h) for existing mines - continued - appeal by mine operator

 

MSHA further estimates that for the remaining 10% of existing mine operators that would appeal a decision, the appeal would be written by an attorney (a third party).  See question 13 for these costs.

 

Section 46.3(h) for new mines - appeal by mine operator

 

A mine operator may appeal an MSHA decision concerning the approval of its training plan.  The number of new mines that will write an appeal are: 25 mines that employ 5 or fewer workers; 14 mines that employ between 6 and 19 workers; and 5 mines that employ 20 or more workers.  Of these mines, 2 percent of them will file an appeal, and in 90 percent of these cases, the appeal will be written by a mine supervisor.  Thus, the number of new mines affected by this provision, in each size category, are: 0.46 mine that employ 5 or fewer workers; 0.25 mine that employ between 6 and 19 workers; and 0.09 mine that employs 20 or more workers.  MSHA estimates that a new mine supervisor, earning $44.93 per hour, will require 4 hours to write the appeal.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.  The burden hours and related costs occur annually.

 

Annual burden hours

1 mine x 4 hours =                                                                            4 hours

 

Annual burden costs

4 hours x $44.93 =                                                                             $ 180

 

Section 46.3(h) for new mines - continued - appeal by mine operator

 

MSHA further estimates that for the remaining 10% of new mine operators that would appeal a decision, the appeal would be written by an attorney (a third party).  See question 13 for these costs.

 

Section 46.3(i) for existing mines - operator must make available training plan for inspection

 

Paragraph (i) requires mine operators to make available at the mine site a copy of the current training plan for inspection by MSHA and for examination by miners and their representatives. If the training plan is not maintained at the mine site, mine operators must have the capability to provide the plan upon request to MSHA, miners, or their representatives.  The mines affected by this provision in each size category are: 3,827 mines that employ 5 or fewer workers; 1,399 mines that employ between 6 and 19 workers; and 251 mines that employ 20 or more workers.

 

MSHA estimates that a clerical worker, earning $18.44 per hour, would take 0.1 hour to photocopy and file the training plan.  Because the earning rate and task time do not differ across mine size, one calculation is shown below.  On average, these burden hours and costs occur once every 2 years (occurring in the 1^st year, 3^rd year, etc.); thus, the costs are annualized using a 0.553 annualization factor. 

 

Recurring burden hours

5,477 mines x 0.1 hour = 548 hours;

548 hours/2 (once every 2 yrs) =                                  274 hours

 

Recurring burden costs

548 hours x $18.44 = $ 10,105

 

Recurring burden costs annualized

$10,105 x 0.553 =                                                                               $5,588

 

Section 46.3(i) for new mines - operator must make available training plan for inspection

 

The mine operator must make available a copy of the current training plan for inspection by MSHA and for examination by miners and their representatives.  The new mines affected by this provision for each size category are: 127 mines that employ 5 or fewer workers; 69 mines that employ between 6 and 19 workers; and 25 mines that employ 20 or more workers.