Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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www.msha.gov |  |
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NOTE TO
REVIEWER MSHA is requesting approval
of the attached collection of information based upon the existing regulations. In the spring of 2003 MSHA
submitted an ICR for the Plan Verification proposed rule published on SUPPORTING STATEMENT 30 C.F.R. §§ 75.310,
75.312, 75.342, 75.351, 75.360, 75.361, 75.362, 75.363, 75.364, 75.370, 75.371
and 75.382 - Ventilation Plans, Tests, and Examinations in Underground Coal
Mines A. JUSTIFICATION 1. Explain the
circumstances that make the collection of information necessary. Identify any legal or administrative
requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation
mandating or authorizing the collection of information. Under Section 101(a) of the Federal Mine Safety and
Health Act of 1977 (The Act), the Secretary may by rule in accordance with
procedures set forth in this section and in accordance with section 553 of
title 5, United States Code (without regard to any reference in such
section to sections 556 and 557 of such title), develop, promulgate, and
revise as may be appropriate, improved mandatory health or safety
standards for the protection of life and prevention of injuries in coal or
other mines.
In addition Section 303 requires that all coal mines shall be
ventilated by mechanical ventilation equipment installed and operated in a
manner approved by an authorized representative of the Secretary and such
equipment shall be examined daily and a record shall be kept of such
examination.
Underground coal mines usually present harsh and
hostile working environments. The ventilation system is the most vital
life support system in underground mining and a properly operating
ventilation system is essential for maintaining a safe and healthful
working environment. Lack of adequate ventilation in
underground mines has resulted in fatalities from asphyxiation and
explosions. An underground mine is a maze of tunnels that must be
adequately ventilated with fresh air to provide a safe environment for
miners.
Methane is liberated from the strata, and noxious gases and dusts
from blasting and other mining activities may be present. The explosive
and noxious gases and dusts must be diluted, rendered harmless, and
carried to the surface by the ventilating currents. Sufficient air
must be provided to maintain the level of respirable dust at or below 2
milligrams per cubic meter of air and air quality must be maintained in
accordance with MSHA standards. Mechanical ventilation equipment of
sufficient capacity must operate at all times while miners are in the
mine.
Ground conditions are subject to frequent changes, thus sufficient
tests and examinations are necessary to ensure the integrity of the
ventilation system and to detect any changes that may require adjustments
in the system.
Records of tests and examinations are necessary to ensure that the
ventilation system is being maintained and that changes which could
adversely affect the integrity of the system or the safety of the miners
are not occurring. These examination requirements of §§
75.310, 75.312, 75.342, 75.351, 75.360 through 75.364, 75.370, 75.371, and
75.382 also incorporate examinations of other critical aspects of the
underground work environment such as roof conditions and electrical
equipment which have historically cased numerous fatalities if not
properly maintained and operated. 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 give notice to mine management and the
miners on the oncoming shift of mine conditions, identify hazards on
working sections during the previous shift, and verify that proper
ventilation is being maintained. The information is available to all
interested persons at the mine to assure them that the integrity of the
ventilation system is being provided for the miners. MSHA
inspectors use the records to determine that tests and examinations,
required by the regulations, are made. 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 regulations incorporate the option for electronic
(computer-based) recordkeeping which has the capability of reducing
certain facets of the recordkeeping burden and can improve the usefulness
of information and can facilitate reviews of the records. Also, a
computer-based main mine fan monitoring system can be used to reduce the
required examination of the main mine fan from daily to weekly. 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. The records
are the results of tests and examinations conducted at individual mines by
the mine operator. Similar examinations, tests, and records
required by more than one section of Subpart D of 30 C.F.R. Part 75
can be conducted simultaneously. Also, where similar tests and
examinations are required by both State agencies and MSHA, the tests are
conducted simultaneously and one record is accepted by both agencies. The agency has
clarified that state approved books are acceptable for records required by
MSHA. 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. This information collection does not have a
significant impact on a substantial number of small entities. However, MSHA
has made available on our web-site various sources of information for
example Ventilation safety ideas and tips under the Accident Prevention
link. 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 the recordkeeping requirements for
ventilation tests and examinations are the minimum necessary to ensure
that mines are safe and adequately ventilated. Reduction in
these requirements may result in unsafe conditions developing, thus
jeopardizing miners. Section 101(a)(9) of the Mine Act
forbids the agency to reduce the protection given miners by any existing
standard.
The agency has clarified that once a ventilation plan is approved,
the mine operator need only to submit the revised pages or sketches of the
plan when proposing revisions unless the District Manager has requested,
in writing, that a fully revised plan be submitted. 7. Explain any special circumstances that
would cause an information collection to be conducted in a manner: !
requiring respondents to report information to the agency more
often than quarterly; !
requiring respondents to prepare a written response to a collection
of information in fewer than 30 days after receipt of it; !
requiring respondents to submit more than an original and two
copies of any document; !
requiring respondents to retain records, other than health,
medical, government contract, grant-in-aid, or tax records for more than
three years; !
in connection with a statistical survey, that is not designed to
produce valid and reliable results that can be generalized to the universe
of study; !
requiring the use of a statistical data classification that has not
been reviewed and approved by OMB; !
that includes a pledge of confidentiality that is not supported by
authority established in statute or regulation, that is not supported by
disclosure and data security policies that are consistent with the pledge,
or which unnecessarily impedes sharing of data with other agencies for
compatible confidential use; or !
requiring respondents to submit proprietary trade secret, or other
confidential information unless the agency can demonstrate that it has
instituted procedures to protect the information's confidentiality to the
extent permitted by law. Ventilation system and methane and dust control plans
are statutory requirements, some of which are recorded and/or reported
more frequently than quarterly. 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 C.F.R. 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 will publish a 60-day pre-clearance Federal
Register notice soliciting public comments regarding the extension 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. There is no assurance of confidentiality provided to
respondents.
Records are maintained by the mine operator and reviewed by MSHA
inspectors during routine inspections. 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. The following estimation of burden hours is based on
MSHA's records and mine ventilation experience of Coal Mine Inspectors
under the existing standards. There are approximately 711 underground
coal mines (283 small mines and 428 medium or large mines) affected by
this rule.
MSHA's records show that on the average there is 1 fan, 1 working
section and 1 shift per small mine and 1.5 fans, 2.5 working sections and
2.5 shifts per large mine. There are an average of 160 working days
in a small mine that works 40 weeks per year and 250 working days in a
large mine that works 50 weeks per year. However, the burden hour estimates are
based on the total number of weeks fans operate yearly, rather than on the
average work weeks. 30 C.F.R. § 75.310 - Installation of Main Mine
Fans. Each mine is required to be ventilated
by one or more main mine fans. This section sets forth requirements and
specifications for the installation of main mine fans. Section
75.310(a)(4) requires that each main mine fan be equipped with a pressure
recording device, which may be a part of a fan monitoring system, and that
the resulting records be maintained for one year. The record, a
pressure recording chart, will be generated an average of 50 weeks per
year at small mines and every week (52 weeks) at large mines. MSHA estimates
that it takes 7 minutes (0.1166 hour) per week to generate and
maintain the record for each fan. A miner earning $28.66 per hour
typically performs this task. Hour Burden 283 small mines x 1 fan x 50
weeks x
0.1166 hour
=
1,650 hours 428 large mines x 1.5 fans x 52
weeks x
0.1166 hour
=
3,893 hours TOTAL
=
5,543
hours Hour Burden Cost 5,543 hours x $28.66 per hour
=
$158,862 30 C.F.R. § 75.312 - Main Mine Fan
Examinations. Section 75.312(a) and (b) require that
examinations be conducted daily on main mine fans not using a monitoring
system to ensure electrical and mechanical reliability and every
7 days on main mine fans where monitoring systems are used. Fan
examinations are not required on days when no one enters the mine. Although
production may not occur, persons enter the mine for maintenance and
examinations 240 days per year at small mines and 365 days per year at
large mines. Where main mine fan monitoring systems are provided,
30 C.F.R. § 75.312(b) requires that data provided by the monitoring
system be reviewed daily to ensure that the fan and monitoring system are
operating properly. Reviews are not required on days when no
one enters the mine. Although production may not occur,
persons enter the mine for maintenance and examinations 240 days per year
at small mines and 365 days per year at large mines.
Section 75.312(b) also requires that the monitoring system be
tested for proper operation and each main mine fan be examined every 7
days where monitoring systems are used. Section 75.312(f)(1) requires that persons making main
mine fan examinations certify by date and initials that the examinations
were made.
The fan examination and certification time is estimated at 15
minutes (0.25 hour). A miner earning $28.66 per hour
typically performs this task. At the 428 large mines where fan
monitoring systems are used, data from the system must be reviewed and
certified daily, taking 5 minutes (0.0833 hours). Also, the 22
mines using monitoring systems must examine the fan once a week, taking 15
minutes (0.25 hours). Hour Burden 283 small mines x 1 fan x 240 days x
0.25 hour (without monitoring systems)
=
16,980 hours 428 large mines (without monitoring systems) x
1.5 fans x 365 days x 0.25 hour
=
58,583 hours 22 large mines (with monitoring systems)
x 1.5 fans x 365 days x 0.0833 hours
=
1,003 hours 22 large mines (with monitoring systems) x
1.5 fans x 52 weeks s x 0.25 hour
=
429 hours TOTAL
76,995 hours Hour Burden Cost
76,995 hours x $28.66 per hour
=
$2,206,677 Section 75.312(c) requires that the automatic fan
signal device for each main mine fan be tested at least once every 31
days.
Section 75.312(d) requires that automatic closing doors in multiple
main mine fan systems be tested at least once every 31 days. The tests for
75.312(c) and (d) can be done concurrently with the testing process taking
15 minutes (0.25 hours). A record of these tests is required
under 75.312(g)(3), taking 5 minutes (0.0833 hours) per mine, 12 times
yearly.
These tasks can be performed by a miner earning $28.66 per
hour. Hour Burden Testing 283 small mines x 12 monthly
tests x 0.25 hour
=
849 hours 428 lg. mines x 12 monthly
tests x 0.25 hour
=
1,284 hours TOTAL
=
2,133 hours Hour Burden Cost 2,133 hours x $28.66
= $61,132 Hour Burden Recordkeeping 283 small mines x 12 monthly
records x 0.0833 hour
=
283 hours 428 lg. mines x 12 monthly
records x 0.0833 hour
=
428 hours TOTAL
=
711 hours Hour Burden Cost 711 hours x $28.66
= $ 20,377 Section 75.312(g)(1) requires a record of uncorrected
defects found during an examination. Estimated recordkeeping is
5 minutes (0.0833 hour) and MSHA estimates that 479 mines (161 small
and 318 large mines) will have uncorrected defects requiring a record each
month. Hour Burden 161 small mines x 12 defects per year x
0.0833 hour
=
161 hours 318 large mines x 12 defects per year x
0.0833 hour
=
318 hours TOTAL
=
479 hours Hour Burden
Cost 479 hours x $28.66
=
$
13,728 Section 312(g)(2)(ii) requires that mines using
monitoring systems to monitor fan pressure must make a record concerning
monitoring system malfunctions and electrical or mechanical deficiencies,
and any sudden increase or loss in mine ventilating pressure. The
recordkeeping is estimated to take 10 minutes (0.1666 hour). Hour Burden: Recordkeeping 22 large mines (which use
monitoring system) x 12 defects per year
x 0.1666 hour
=
44 hours Hour Burden Cost 44 hours x $28.66
= $1,261 TOTAL =
80362 hours TOTAL
= $2,303,175 30 C.F.R .§75.342 - Methane Monitors. Operators must install MSHA approved
methane monitors on all face cutting machines, continuous miners, longwall
face equipment, loading machines, and other mechanized equipment used to
extract or load coal within the working place. In addition,
methane monitors must be maintained in permissible and proper operating
condition and be calibrated with a known methane-air mixture at least once
every 31 days.
On average, a small mine maintains 1.5 monitors and a large mine,
three monitors.
Examination time related to calibration of each methane monitor is
20 minutes (0.3333 hour) per month. Under § 75.342(a)(4)(ii), operators
are required to keep records of calibration tests. Records would
be retained for one year from date of the test. Estimated time
to make a record is 5 minutes (0.0833 hour) per month for recordkeeping
for a small mine, and 8 minutes (0.1333 hours) for a large mine. The exam
can be conducted and recorded by a certified/qualified electrician earning
$28.66 per hour. Burden Hours Examinations 283 sm. mines x 1.5 methane monitors x 12
month x 0.3333
hour
=
1,698 hours 428 lg. mines x 3 methane monitors
x 12 month x
0.3333 hour
=
5,135 hours TOTAL
=
6,833 hours Burden Hour Cost 6,833 hours x $28.66
=
$195,834 Burden Hour Recordkeeping 283 sm. mines x 12 months x 0.0833
hour
=
283 hours 428 lg. mines x 12 months x 0.1333
hour
=
685 hours TOTAL &nb |