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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, 95th
Cong., 1st 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 1st year, 3rd 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 1st year, 3rd 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 1st year, 3rd 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 1st
year, 3rd 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 1st year, 3rd 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 1st year, 3rd
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 1st year,
3rd 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. MSHA estimates that a clerical worker, earning $18.44 per hour, will require 0.1 hour to photocopy and file the training plan. Because the earning rate and task time do not differ across mine sizes, one calculation is shown below. Annual burden hours 221 mines x 0.1 hours = 22
hours Annual burden costs 22 hours x $18.44 = $406 46.5(a) New
miner training - prepare for 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. 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 for each mine, a mine supervisor, earning $44.93 per hour, would take 6 hours annually to prepare for the new miner training. 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 5,477 mines x 6 hours = 32,862
hours Annual burden costs 32,862 hours x $44.93 = $
1,476,490 46.5(a) New
miner training - continued - mine supervisor giving training MSHA further estimates, for
each size category, that the average number of training sessions the mine
supervisor would provide, per mine, annually are: 0.46 session for mines that
employ 5 or fewer workers; 0.64 session for mines that employ between 6 and 19
workers; and 0.82 session for mines that employ 20 or more workers. On average, each training session is
estimated to last 13.48 hours. The mines affected, 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. These burden hours and costs
will occur annually. Annual burden hours Mines(1-5) 3,827 mines x
0.46 session x 13.48 hours =
23,730 hours Mines(6-19) 1,399 mines x
0.64 session x 13.48 hours =
12,069 hours Mines(>20) 251
mines x 0.82 session x 13.48 hours = 2,774 hours 38,573 hours Annual burden costs 38,573 hours x $44.93 = $
1,733,085 46.5(a) New
miner training - continued - offsite training Additionally, the Agency
estimates that part of new miner training would be provided off-site by a third
party. Mine operators would pay the
third party for providing this part of the new miner training; thus mine
operators would incur burden costs but no burden hours. See question 13 for these costs. Section 46.6(a) Newly-hired experienced miner
training - prepare for training Paragraph (a) of § 46.6
requires mine operators to provide each newly hired experienced miner with
certain training before the miner begins work.
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 it
would take a mine supervisor, earning $44.93 per hour, 1 hour annually to
prepare to give the experienced miner training. 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 5,477 mines x 1 hour = 5,477
hours Annual burden costs 5,477 hours x $44.93 = $246,082 Section 46.6(a) Newly hired experienced miner
training - continued - mine supervisor giving training MSHA further estimates, for
each size category, that the average number of training sessions the mine
supervisor would provide, per mine, annually are: 0.45 sessions for mines that
employ 5 or fewer workers; 0.63 sessions for mines that employ between 6 and 19
workers; and 0.81 sessions for mines that employ 20 or more workers. On average, each training session is
estimated to last 3.4 hours. 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. These burden
hours and related costs occur annually. Annual burden hours Mines(1-5) 3,827 mines x
0.45 session x 3.4 hours = 5,855
hours Mines(6-19) 1,399mines x
0.63sessions x 3.4 hours = 2,997
hours Mines(>20) 251
mines x 0.81 sessions x 3.4 hours
= 691 hours 9,543 hours Annual burden costs 9,543 hours x $44.93 = $428,767 Section 46.7 Regularly-assigned task training -
prepare for training Paragraph (a) of § 46.7
requires that before performing a regularly-assigned task for which the miner
has no experience, the mine operator must train the miner in the safety and
health aspects and safe work procedures specific to that regularly-assigned
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.
The mines affected by this provision in each size category are: 3,809
mines that employ 5 or fewer workers; 1,385 mines that employ between 6 and 19
workers; and 246 mines that employ 20 or more workers. For each mine, a mine supervisor, earning $44.93 per hour, would take 0.25 hours annually to prepare for the task training. 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 5440 mines x 0.25 hour = 1,360
hours Annual burden costs 1,360 hours x $44.93 = $61,105 Section 46.7 Regularly-assigned task training -
continued - mine supervisor giving training In addition to preparing
for regularly assigned training, there is also a paperwork burden attributable
to the time it takes the mine supervisor to provide such task training. With respect to each size
category, the average number of (composite) training sessions that the mine
supervisor will give annually per mine will be: 1.53 sessions for mines that
employ 5 or fewer workers; 7.82 sessions for mines that employ between 6 and 19
workers; and 40.16 sessions for mines that employ 20 or more workers. On average, each training session is
estimated to last 0.6 hours. These
burden hours and costs occur annually. 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. Annual burden hours Mines(1-5) 3,827 mines x
1.53 sessions x 0.6 hrs. = 3,513 hours Mines(6-19) 1,399 mines x
7.82 sessions x 0.6 hrs. = 6,564 hours Mines (>20) 251
mines x 40.16 sessions x 0.6 hrs. = 6,048 hours 16,125
hours Annual burden costs 16,125 hours x $44.93 = $724,496 Section 46.7 New task training - prepare for
training Paragraph (a) of § 46.7
requires that before performing a new task for which the miner has no
experience, the mine operator must train the miner in the safety and health
aspects and safe work procedures specific to that regularly-assigned task. If changes have occurred in a miner’s new
task, the mine operator must provide the miner with training that addresses the
changes. The mines affected by this
provision in each size category are: 6,349 mines that employ 5 or fewer
workers; 3,462 mines that employ between 6 and 19 workers; and 1,231 mines that
employ 20 or more workers. MSHA estimates that for each mine, a mine supervisor, earning $44.93 per hour, would take 0.08 hours annually to prepare for the task training. 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 11,042 mines x 0.08 hours = 883
hours Annual burden costs 883 hours x $44.93 = $39,673 Section 46.7 New task training - continued - mine
supervisor giving training In addition to preparing
for new task training, there is also a paperwork burden attributable to the
time it takes the mine supervisor to provide such task training. With respect to each size
category, the average number of (composite) training sessions that the mine
supervisor will give annually per mine will be: 1.53 sessions for mines that
employ 5 or fewer workers; 7.82 sessions for mines that employ between 6 and 19
workers; and 40.3 sessions for mines that employ 20 or more workers. On average, each training session is
estimated to last 0.2 hours. These
burden hours and costs occur annually. The mines affected by this
provision in each size category are: 6,349 mines that employ 5 or fewer
workers; 3,462 mines that employ between 6 and 19 workers; and 1,231 mines that
employ 20 or more workers. Annual burden hours Mines (1-5) 6,349 mines x
1.53 sessions x 0.2 hrs. = 1,943
hours Mines (6-19) 3,462 mines x
7.82 sessions x 0.2 hrs. = 5,415
hours Mines (>20) 1,231
mines x 40.3 sessions x 0.2 hrs. = 9,922
hours 17,280
hours Annual burden costs 17,280 hours x $44.93 = $776,390 Section 46.8(a) Annual refresher training - prepare
for 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. 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 for
each mine, a mine supervisor, earning $44.93 per hour, would take 3 hours to
prepare for the task training. Because
the earning rate and task time do not differ across mine size, one calculation
is shown below. These burden hours and
related costs occur annually. Annual burden hours 5,477 mines x 3 hours = 16,431
hours Annual burden costs 16,431 hours x $44.93 = $738,245 Section 46.8(a) Annual refresher training -
continued - mine supervisor giving training MSHA further estimates, for
each size category, that the average number of training sessions the mine supervisor
would provide, per mine, annually are: 0.92 sessions for mines that employ 5 or
fewer workers; 0.94 sessions for mines that employ between 6 and 19 workers;
and 2.01 sessions for mines that employ 20 or more workers. On average, each training session is
estimated to last 8 hours. 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. These burden
hours and costs occur annually. Annual burden hours Mines(1-5) 3,827 mines x
0.92 session x 8 hrs. = 28,167 hours Mines(6-19) 1,399 mines x
0.94 session x 8 hrs. = 10,520
hours Mines(>20) 251
mines x 2.01 sessions x 8 hrs. = 4,036 hours 42,723 hours Annual burden costs 42,723 hours x $44.93 = $1,919,544 Section 46.9 Records of training Paragraph (a) of § 46.9
requires 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. For all records required to be kept in §§ 46.5, 46.6, 46.7, and 46.8, MSHA estimates that, for each mine, a mine supervisor, earning $44.93 per hour, would take 0.05 hours to record and certify each miner’s training record. In addition, it would take a clerical worker, earning $18.44 per hour, 0.05 hours to prepare, copy, and distribute the certificate. Because the earning rate and task time does not differ across mine size, calculations are combines below. § 46.5 - (new miner training) records The annual number of
training records required to be kept under § 46.5 (New miner training) in each
size category are: 1,653 in mines that employ 5 or fewer workers; 1,673 in
mines that employ between 6 and 19 workers; and 813 in mines that employ 20 or
more workers. § 46.5 records - Annual
burden hours 4,139 mines x 0.05 hours
(supervisor) = 207
hours 4,139 mines x 0.05 hours
(clerical) = 207
hours 414
hours § 46.5 records - Annual
burden costs 207 hours x $44.93
(supervisor) = $9,301 207 hours x $18.44
(clerical) = $3,817 $13,118 § 46.6 - (newly hired experienced miner training) records The annual number of
training records required to be kept under § 46.6 (Newly-hired experienced
miner training) in each size category are: 1,625 in mines that employ 5 or
fewer workers; 1,647 in mines that employ between 6 and 19 workers; and 804 in
mines that employ 20 or more workers. § 46.6 records - Annual burden hours 4,076 mines x 0.05 hours
(supervisor) = 204
hours 4,076 mines x 0.05 hours
(clerical) = 204
hours 408
hours § 46.6 records - Annual burden costs. 204 hours x $44.93
(supervisor) = $9,166 204 hours x $18.44
(clerical) = $3,762 $12,928 § 46.7 (Task Training) records The annual number of
training records required to be kept under § 46.7 (New task training) in each
size category are: 6,573 in mines that employ 5 or fewer workers; 13,150 in
mines that employ between 6 and 19 workers; and 11,564 in mines that employ 20
or more workers. § 46.7 records - Annual burden hours 31,287 mines x 0.05 hours
(supervisor) = 1,564
hours 31,287 mines x 0.05 hours
(clerical) = 1,564 hours 3,128
hours § 46.7 records - Annual burden costs 1,564 hours x $44.93
(supervisor) = $70,271 1,564 hours x $18.44
(clerical) = $
28,840 $99,111 § 46.8 (Annual refresher training) records The annual number of
training records required to be kept under § 46.8 (Annual refresher training)
in each size category are: 6,573 in mines that employ 5 or fewer workers;
13,150 in mines that employ between 6 and 19 workers; and 11,564 in mines that
employ 20 or more workers. § 46.8 records - Annual burden hours 31,287 mines x 0.05 hours
(supervisor) = 1,564
hours 31,287 mines x 0.05 hours
(clerical) = 1,564
hours 3,128
hours § 46.8 records - Annual burden costs 1,564 hours x $44.93
(supervisor) = $70,271 1,564 hours x $18.44
(clerical) = $
28,840 $99,111 Section 46.11 Site-specific hazard awareness
training Paragraph (a) of §46.11
requires mine operators to provide site-specific hazard training to any person
who is not a miner. The group includes
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. The annual number of
non-miners to be trained in each mine size category are: 50 non-miners in each
of the 3,361 mines that employ 5 or fewer workers; 100 non-miners in each of
the 1,467 mines that employ between 6 and 19 workers; and 200 non-miners in
each of the 285 mines that employ 20 or more workers. No record is required for
this type of training. The burden is
for the time the miner takes to provide the training. MSHA estimates that for each mine, a miner, earning $19.81 per
hour, would take 0.15 hours annually, on average, to provide hazard training. 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. These burden
hours and costs occur annually. Annual burden hours Mines(1-5) 3,827 mines x 50
non-miners x 0.15 hrs. = 28,703
hours Mines(6-19) 1,399 mines x
100 non-miners x 0.15 hrs. = 20,985
hours Mines(>20) 251 mines x
200 non-miners x 0.15 hrs. = 7,530 hours 57,218
hours Annual burden costs 57,218 hours x $19.81 = $ 1,133,489 TOTAL BURDEN HOURS = 252,897 TOTAL
BURDEN COSTS = $9,525,390 Summary Table
*Note: the 83I states the number of Responses as
239,871 (+21 Responses) Respondents (last Rpt) = 5,141 Respondents (this Rpt) = 10,305 13. Provide an estimate
of the total annual cost burden to respondents or recordkeepers resulting from
the collection of information. (Do not
include the cost of any hour burden show in Items 12 and 14.) ! 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. ! 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. ! 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. Operating and Maintenance Costs: § 46.3(c) for Existing Mines A plan that does not include the minimum information specified in proposed 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 its submission. For each size category, MSHA estimates that 20 percent of existing mine operators that must write a plan will choose to send them in MSHA for approval. Thus, the affected M/NM mines in each size category that are estimated to send in training plans for MSHA approval are: 765 mines that employ 1 through 5 persons; 280 mines that employ 6 through 19 persons; and 50 mines that employ 20 or more persons. A plan is estimated to consist of 5 pages, copy costs are $0.17 per page and postage is $1.10. Because the burden cost does not differ across mine size, calculations are combined below. On average, these costs will occur once every two years (occurring in the 1st year, 3rd year, etc...); thus, the costs are annualized using an annualization factor of 0.553. Recurring Burden Costs (1,095 – 55 mines
(5%electronic submissions)) x ((5 pgs. x $0.17) + $1.10)
x 2 = $4,056 Recurring Burden Costs
Annualized $4,056 x 0.553 = $2,243 § 46.3(c) For New Mines A plan that does not
include the minimum information specified in proposed 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 its submission. For each size category, MSHA estimates that
20 percent of new mine operators that must write a plan will choose to send
them in MSHA for approval. Thus, the
affected M/NM mines in each size category that are estimated to send in
training plans for MSHA approval are: 25 mines that employ 1 through 5 persons;
14 mines that employ 6 through 19 persons; and 5 mines that employ 20 or more
persons. A plan is estimated to consist
of 5 pages, copy costs are $0.17 per page and postage is $1.10. Because the
burden cost does not differ across mine size, calculations are combined below. Annual Burden Costs 44 mines – 2 mines (5%
electronic submissions) x ((5 pgs. x $0.17) + $1.10)
x 2 = $164 § 46.3(d) for Existing Mines 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 existing
M/NM mines that are affected by this provision, in each size category, are:
3,827 mines that employ 1 through 5 persons; 1,399 mines that employ 6 through
19 persons; and 251 mines that employ 20 or more persons. A plan is estimated to consist of 5 pages
and copy costs are $0.17 per page.
Because the burden cost does not differ across mine size, calculations
are combined below. On average, these
costs will occur once every two years (occurring in the 1st year, 3rd
year, etc...); thus, the costs are annualized using an annualization factor of
0.553. Recurring Burden Costs 5,477 mines x (5 pgs. x
$0.17) = $4,655 Recurring Burden Costs
Annualized $4,655 x 0.553 = $2,574 § 46.3(d) for New Mines 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 new M/NM
mines that are affected by this provision, in each size category, are: 127
mines that employ 1 through 5 persons; 69 mines that employ 6 through 19
persons; and 25 mines that employ 20 or more persons. A plan is estimated to consist of 5 pages and copy costs are
$0.17 per page. Because the burden cost
does not differ across mine size, calculations are combined below. Annual Burden Costs 221 mines x (5 pgs. x
$0.17) = $188 § 46.3(e) for Existing Mines Note: The burden hours and costs for this provision
are not borne by the mine operator, but by miners or miners’ representatives Within 2 weeks following
the receipt or posting of the training plan, miners or their representatives
may submit written comments on the plan to the operator, or to MSHA, and they
may also ask that the plan be reviewed.
The existing M/NM mines in each size category affected by this rule are:
3,827 mines that employ 1 through 5 persons; 1,399 mines that employ 6 through
19 persons; and 251 mines that employ 20 or more persons. MSHA estimates that 5 percent of existing
mines in each employment size category will have a miner or miner
representative submit written comments, and that 2 percent of such mines will
ask for plan review. Postage costs to
deliver written comments are estimated to be $1.10. Because the burden cost does not differ across mine size,
calculations are combined below. On
average, these costs will occur once every two years (occurring in the 1st
year, 3rd year, etc...); thus, the costs are annualized using an
annualization factor of 0.553. Recurring Burden Costs 5,477 mines x ((0.05 x
$1.10)+(0.02 x $1.10)) = $438 Recurring Burden Costs
Annualized $438 x 0.553 = $242 § 46.3(e) for New Mines Note: The burden hours and costs for this provision
are not borne by the mine operator, but by miners or miners’ representatives Within 2 weeks following
the receipt or posting of the training plan, miners or their representatives
may submit written comments on the plan to the operator, or to MSHA, and they
may also ask that the plan be reviewed.
The new M/NM mines in each size category affected by this rule are: 127
mines that employ 1 through 5 persons; 69 mines that employ 6 through 19
persons; and 25 mines that employ 20 or more persons. MSHA estimates that 5 percent of existing mines in each
employment size category will have a miner or miner representative submit
written comments, and that 2 percent of such mines will ask for plan
review. Postage costs to deliver
written comments are estimated to be $1.10.
Because the burden cost does not differ across mine size, calculations
are combined below. Annual Burden Costs 221 mines x ((0.05 x
$1.10)+(0.02 x $1.10)) = $18 § 46.3(g) for Existing Mines 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 plan is estimated to be 5 page and copying costs are $0.17
per page. Postage is $1.10. Because the burden cost does not differ
across mine size, calculations are combined below. On average, these burden hours and costs occur once every 2 years
(occurring in the 1st year, 3rd year, etc...); thus, the
costs are annualized using a 0.553 annualization factor. Recurring Burden Costs 1,095 mines x (5 pgs. x
$0.17)+$1.10) = $2,135 Recurring Burden Costs
Annualized $2,135 x 0.553 = $1,181 § 46.3(g) for New Mines 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 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 plan is estimated to be 5 page and copying costs are $0.17 per
page. Postage is $1.10. Because the burden cost does not differ
across mine size, calculations are combined below. Annual Burden Costs 44 mines x ((5 pgs. x
$0.17)+$1.10) = $86 § 46.3(h) for Existing Mines A mine operator may appeal
an MSHA decision concerning an approved training plan. The existing M/NM 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 assumes that, for 90% of
the mines affected by this provision, the appeal will be written by a mine supervisor. The costs for postage to send in the written
appeal are estimated to be $1.10.
Because the burden cost does not differ across mine size, calculations
are combined below. On average, these
burden hours and costs occur once every 2 years (occurring in the 1st
year, 3rd year, etc...); thus, the costs are annualized using a
0.553 annualization factor. Recurring Burden Costs 20 mines x $1.10 = $22 Recurring Burden Costs
Annualized $22 x 0.553 = $
12 For the remaining 10% of
existing mines, the appeal process will be handled by an outside attorney (a
third party) at an estimated $2,200 per mine.
On average, these burden hours and costs occur once every 2 years
(occurring in the 1st year, 3rd year, etc...); thus, the
costs are annualized using a 0.553 annualization factor. Recurring Burden Costs Mines (1-5) 1.53 mines x
$2,200 = $3,366 Mines (6-19) 0.56 mine x
$2,200 = $1,232 Mines (>20) 0.10
mine x $2,200 = $ 220 $4,818 Recurring Burden Costs
Annualized $4,818 x 0.553 = $2,664 § 46.3(h) for New Mines A mine operator may appeal
an MSHA decision concerning an approved training plan. The number of new mines that will write an
appeal are: 25 mines that employ 1 to 5 workers; 14 mines that employs between
6 and 19 workers; and 5 mines that employs 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
mines affected by this provision, in each size category, are: 0.46 mine that
employ 1 to 5 workers, and 0.25 mine that employs between 6 and 19 workers, and
0.09 mine that employs 20 or more workers.
The costs for postage to send in the written appeal are estimated to be
$1.10. Annual Burden Costs Mines (1-5) 0.46 mine x $1.10 = $0.51 Mines (6-19) 0.25 mine x
$1.10 = $0.28 Mines (>20) 0.09 mine x $1.10 = $0.10 $0.89 For the remaining 10% of
new mines, the appeal process will be handled by an outside attorney (a third
party) at an estimated $2,200 per mine. Annual Burden Costs Mines (1-5) 0.05 mine x
$2,200 = $
110 Mines (6-19) 0.03 mine x
$2,200 = $ 66 Mines (>20) 0.01 mine x $2,200 = $ 22 $ 198 § 46.3(i) For Existing Mines 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 existing mines affected by this provision for each employment
size category are: 3,809 mines that employ 1 through 5 persons; 1,385 mines that
employ 6 through 19 persons; and 246 mines that employ 20 or more persons. The photocopying costs are $0.17 per page
and 5 pages must be copied. Because the
burden cost does not differ across mine size, calculations are combined
below. On average, these burden hours
and costs occur once every 2 years (occurring in the 1st year, 3rd
year, etc...); thus, the costs are annualized using a 0.553 annualization
factor. Recurring Burden Costs 5,440 mines x (5 pgs. x
$0.17) = $4,624 Recurring Burden Costs Annualized $4,624 x 0.553 = $2,557 § 46.3(i) For New Mines 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 employment size
category are: 127 mines that employ 1 through 5 persons; 69 mines that employ 6
through 19 persons; and 25 mines that employ 20 or more persons. The photocopying costs are $0.17 per page
and 5 pages must be copied. Because the
burden cost does not differ across mine size, calculations are combined below. Annual Burden Costs 221 mines x (5 pgs. x
$0.17) = $188 § 46.5(a) Part of new miner training
for miners with no experience will be provided off the mine site by a third
party. The mine operator will pay the
third party for providing this part of the new miner training. The number of miners
receiving off-site training in each category are: 1,653 miners in mines that
employ 5 or fewer workers; 1,673 miners in mines that employ between 6 and 19
workers; and 813 miners in mines that employ 20 or more workers. On average, the annual
costs for off-site training are $143 per miner. This consists of the following: a $38.50 training fee, $33 for
transportation to off-site training, $33 per diem for meals, and $39 for
overnight lodgings (MSHA assumes that half of the miners receiving off-site
training will require overnight lodgings for one night at $77 per night, or 0.5
x $77). Because the burden cost does
not differ across mine size, calculations are combined below. Third Party Annual Costs
For New Miner Training 4,139 miners x $38.50 = $
159,352 In addition, each miner
will incur approximately $33 for transportation to off site training, $33 per
diem for food, and half of the miners receiving off site training are estimated
to require 1 overnight lodging at $77 per night, or 0.5 x $77. Thus, the charge comes to $105 = $33 + $33 +
$39. Annual Expenses Related to
Third Party New Miner Training 4,139 miners x $105 = $ 434,595 § 46.9 Recordkeeping § 46.9 Under each
training provision (§§ 46.5(a), 46.6, 46.7, and 46.8.) for each training
record a clerical person must make 2 copies.
Copies are $0.17 per page and the record consists of one page. Record Expenses Under §
46.5(a) - Annual Costs 4,139 records x $0.17 x 1
page x 2 copies = $ 1,407 Record Expenses Under
§ 46.6 - Annual Costs 4,079 records x $0.17 x 1
page x 2 copies = $
1,387 Record Expenses Under
§ 46.7 - Annual Costs 31,287 records x $0.17 x 1
pg. x 2 copies = $10,638 Record Expenses Under
§ 46.8 - Annual Costs 31,287 records x $0.17 x 1
pg. x 2 copies = $10,638 TOTAL ANNUAL COST BURDEN = $630,333 Summation of Question 13 Dollars
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. As a result of the final
rule, MSHA inspectors will spend time in reviewing training records and plans
of affected mine operators. On average,
MSHA estimates that the additional time that an inspector will need annually
per mine will be: 15 minutes (0.25 hour) for a mine employing 5 or fewer
workers; 30 minutes (0.5 hour) for a mine employing between 6 to 19 workers;
and 1 hour for a mine that employs over 20 workers. The average grade and salary of a MSHA inspector is GS 12/5, at
$63,119 per annum or $30.35 per hour.
The number of mines affected are: 6,349 mines that employ 5 or fewer
workers; 3,462 mines that employ between 6 and 19 workers; and 1,231 mines that
employ 20 or more workers. MSHA believes that the
review of an affected mine operator’s training record and plans will be part of
the normal duties of each inspector and that no additional inspectors would be
hired to perform the review. Mines(1-5): 6,349 mines x 0.25 hour x $30.25 = $ 48,173 Mines(6-19): 3,462 mines x 0.5 hour x $30.25 = $ 52,536 Mines(>20): 1,231 mines x 1 hour x $30.25 = $ 37,361 $138,070 15. Explain the reasons
for any program changes or adjustments reporting in Items 13 or 14 of the OMB
Form 83-I. Please note that some of
the methods in which Respondents, Responses, and Hours were calculated on the
last report versus this report have changed, therefore, accounting for the
major part of the differences explained below.
We feel that the methods used throughout this document more accurately
reflect the burden. Respondents: There has
been an increase of 5,164 Respondents (from 5,141 to 10,305). The last report counted only the number of
mines that responded even though the report specifically stated that this rule
enforces training requirements at approximately 10,150 surface nonmetal work
sites. With respect to this submission,
the rule enforces training requirements at approximately 10,305 surface
nonmetal work sites. Therefore, the more accurate net change should be an
increase of 155. Responses: There has been a
77,999 decrease in the number of Responses (from 239,871 to 161,872). In the last report, §46.9 (Records of
Training) took one task and broke the supervisor’s and clerical worker’s time
into 2 separate calculations then totaled the burden hours for that task. This is correct. However, the number of mines where the supervisor and clerical worker
performed this task were counted as separate responses; therefore, the number
of responses was doubled. This “double
counting” accounts for a difference of 70,789 responses. The actual number of
response difference is reflected in 2 areas.
In sections other than §46.9 there was an overall increase in the number
of respondents by 4,841 due to the increase in the number of mines. In §46.9, excluding the difference mentioned
above, there would have been a decrease of 12,030 responses. §46.9 requires mine operators upon
completion of training to record and certify the training. There has been a decrease in the annual
number of records due to the reduction in the number of miners. Therefore the net change would have been a
decrease of 7,189 responses. Hours: There has been a
decrease of 496 burden hours (from 253,393 to 252,897). § 46.3 ¶(a), (d), (e), (g), (h), and (i),
are tasks with associated burden.
However, each task is performed every-other-year. In the last report, the total hours was
accounted in the burden. In this
report, the burden hours associated with each of these tasks were halved since
the work is performed every-other-year.
This accounted for a decrease of 6,666 hours. Had the same method of
calculation on the last report been used on this report, the net change would
have been an increase of 6,170 hours.
The time to perform each task remained the same from the last report to
this report; therefore, the change is due because in most cases the number of
mines performing each task had increased. Costs: There has been a costs
increase of $26K (from $604 to $630).
This increase is due to the number of mines in which operating and
maintenance costs are associated has risen along with the increase in copying
costs and postage. 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 is not seeking
approval to not display the expiration date for OMB approval of this
information collection. 18. Explain each
exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submission," of OMB 83-I. There are no certification
exceptions identified with this information collection. B. Collection
of Information Employment Statistical Methods This collection of
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