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SUPPORTING
STATEMENT 30 C.F.R §§ 75.1321, 75.1327, and 77.1909-1 -
Applications for a permit to fire more than 20 boreholes and for the use of
non-permissible Blasting Units or for the posting of notices of misfired holes
(pertaining to underground coal mines) and the use of nonpermissible explosives
and shotfiring units in shaft and slope construction. (pertains to coal mining industry). 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 313 of
the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 873, a
mine operator is required to use permissible explosives in underground coal
mines. The Mine Act also provides that
under safeguards prescribed by the Secretary of Labor, a mine operator may
permit the firing of more than 20 shots and the use of nonpermissible
explosives in sinking shafts and slopes from the surface in rock. Title 30 C.F.R. § 75.1321 outlines
the procedures by which a permit may be issued for the firing of more than 20
boreholes and/or the use of nonpermissible shot-firing units in underground
coal mines. In those instances in which
there is a misfire of explosives, 30 C.F.R. § 75.1327
requires that a qualified person post each accessible entrance to the affected
area with a warning to prohibit entry.
Title 30 C.F.R. § 77.1909-1 outlines the procedures by which a coal mine
operator may apply for a permit to use nonpermissible explosives and/or
shot-firing units in the blasting of rock while sinking shafts or slopes for
underground coal mines. To obtain a permit,
the mine operator files an application with the MSHA district manager in the
district in which the mine is located.
Applications may be mailed or faxed, using company letterhead stationery
and should contain the name and address of the mine, the designated active
workings in which the units will be used and the approximate number of shots to
be fired, the period of time during which such units are to be used, the nature
of the development or construction for which they will be used, a plan to
protect miners, a statement of the specific hazards anticipated, and the method
to be employed to avoid the dangers anticipated. The district manager
may permit the firing of more than 20 boreholes of permissible explosives in a
round where he has determined that it is necessary to reduce the overall hazard
to which miners are exposed during underground blasting. The district manager issues a permit to use
nonpermissible items when he finds that a permissible shot-firing unit does not
have adequate blasting capacity and the use of such permissible units will
create development or construction hazards.
As a condition of use, the district manager may include safeguards, in
addition to those proposed by the operator, that he determines are necessary to
protect the safety of the miners at the time the blasting is permitted. 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. MSHA uses the
information requested to issue a permit to the mine operator for the use of
nonpermissible explosives and/or shot-firing units. The permit informs mine management and the
miners of the steps to be employed to protect the safety of any person exposed
to such blasting while using nonpermissible items. 3. Describe whether, and to what extent, the
collection of information involves the use of automated, electronic,
mechanical, or other technological collection techniques or other forms of
information technology, e.g., permitting electronic submission of responses,
and the basis for the decision for adopting this means of collection. Also describe any consideration of using information
technology to reduce burden. No improved
information technology has been identified that would reduce the burden. The applications to use nonpermissible
blasting units, to fire more than 20 bore holes or to use nonpermissible
explosives and/or non-permissible blasting units in shaft or slope construction
are narrative descriptions of the equipment and explosives to be used, the
number and pattern of the bore holes to be fired and the safety precautions to
be employed and may include schematics, tables and drawings. Such narrative plans and simple graphics can
be prepared using personal computers and word processing programs and submitted
via E-mail, where the mine operator has the capability of affixing
transmittable authorization signatures or where the E-mail or facsimile is
followed by a signed hard copy. However,
neither the use of nor absence of access to electronic media significantly
effect the burden imposed by the standard. 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. There is no similar
or duplicate information that could be used. Permits are issued on a
mine-by-mine basis for a period of time specified by the district manager. As far as could be determined, no state
agency or other party requires such permit approval. 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
does not have a significant impact on small businesses or other small
entities. However, MSHA has made
available on our web-site various sources of information, such as “Technical
Assistance,” “Best Practices,” and an “Accident Prevention” site. These provide tips and general information on
a number of various topics. 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. In the absence of
this collection, or permits for blasting units, explosives and shot-firing
units, the mine operator or shaft and slope contractors would be putting the
miners at risk. There would be no
guarantee that the mine operator would have a plan designed to ensure the
protection of life and the prevention of injuries to the miners exposed to
underground blasting. In addition to the
lack of accountability on the part of the mine operator for the miners health
and safety, MSHA would not be able to effectively enforce the requirements of
the Federal Mine Safety and Health Act of 1977. 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. Permit applications,
which contain all pertinent information, are submitted only one time at any
given mine. There are no requirements for the respondent to report the ongoing
or occasional use of the District Manager approved blasting plan, including the
use of nonpermissible blasting units or the firing of more than 20 boreholes.
Although a mine operator is not explicitly required to submit information more
than once, revised applications would need to be submitted to MSHA any time the
conditions outlined in item 6 of this statement occur. This collection of information is otherwise
consistent with the guidelines in 5 C.F.R. § 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 will publish
the proposed information collection requirements in the Federal Register,
notifying the public that these information collection requirements are being
reviewed in accordance with the Paperwork Reduction Act of 1995, and giving
interested persons 60 days to submit comments. 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. No MSHA form exists
for the submission of applications for permits or the posting of a misfire
notice as addressed by the standards (30 C.F.R §§ 75.1321, 75.1327, and 77.1909-1). There is no assurance of confidentiality
provided to the respondents. 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. Based on FY 2003 records, MSHA estimates that
approximately 48 permit applications
(19 under § 75.1321 and 29 under § 77.1909-1) will be received each year. MSHA safety specialists estimate that it
would take a mine operator approximately one hour to prepare and submit a
permit application: 48
applications x 1 hour/application = 48 hours MSHA experience
indicates that the permit applications are prepared by engineers and other
technically trained persons. As such,
MSHA estimates the cost per hour for preparation to be $58.96 (Salaries based on data from the U.S.
Coal Mine Salaries, Wages, & Benefits - 2002 Hourly Wage Rates for Coal
Mines): 48
hours x $58.96/hour = $2830 On occasion, the use
of explosives may result in the misfire of some of those explosives. In such cases, a qualified person is required
to post a conspicuous warning notice at the entrance to the affected area. The
number of active mining units using explosives to break coal has declined from
80 in April 1999 to 43 in January 2004.
MSHA correspondingly estimates that the number of misfired bore holes
requiring notices has proportionally decreased.
MSHA estimates that not more than 57 misfires occur each year and that
it takes approximately 20 minutes (0.33 hours) to post a notice warning that an
undisposed of misfire is present. The 2002 Hourly Wage Rate for a coal miner is
estimated to be $28.66 per hour. 57 notices x 0.33 hours /notice = 19 hours 19 hours x $28.66/hour = $545 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 shown 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. MSHA estimates that
the narrative and any tables, charts or drawing created for use in the permit
application can be produced on normal office equipment used in the customary
and usual course of business. MSHA
further estimates that it will cost approximately $5.02 to mail each application (FY 1997 cost inflated by Producer Price
Index to FY 2003 by 0.91%): 48 applications
x $5.02/application = $241 MSHA also estimates
that the notices warning of a misfire will be non-reusable, pre-printed “danger
/ misfire” placards costing approximately $6.08 each (FY 1997 cost inflated by Producer Price Index to FY 2003 by 0.91%): 57 postings
x $6.08 = $347 14. Provide estimates of annualized cost to the
Federal government. Also, provide a
description of the method used to estimate cost, which should include
quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff), and any other expense that would not have been
incurred without this collection of information. Agencies also may aggregate cost estimates
from Items 12, 13, and 14 in a single table. MSHA estimates that
the review and preparation of a written response approving or disapproving a
permit application requires approximately four hours. Applications are reviewed by MSHA technical
specialists earning approximately $28.39
per hour (U.S. Office of Personnel Management General Schedule FY 2004 wage
rate for Coal Mine Inspector GS-12/5). 48 applications x 4 hours = 192 hours 192 hours x $28.39/hour = $5,451 15. Explain the reasons for any program changes
or adjustments reporting in Items 13 or 14 of the OMB Form 83-I. The decrease of 23 burden
hours (from 90 to 67), and 56 responses (161 to 105) is due to a decline in the
number of surface and underground coal mines routinely using explosives for
coal breakage and construction activities. The reduction in applications for
permits (from 55 to 48); and a reduction in the number of misfire notices (from
106 to 57) is the result of fewer underground
mines using explosives in the mining of coal and fewer shafts and slope under
construction during the last three year. 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 either display or not display the expiration date for OMB approval of
this information collection. There are
no forms associated with this information collection on which to display an
expiration date. 18.
Explain each exception to the certification statement identified in Item
19, "Certification for Paperwork Reduction Act Submission," of OMB
83-I. MSHA is not
requesting an exception to the certification statement. B. Collection of Information Employment
Statistical Methods The agency should be prepared to justify its
decision not to use statistical methods in any case where such methods might
reduce burden or improve accuracy of results.
When Item 17 on the Form OMB 83-I is checked "Yes", the
following documentation should be included in the Supporting Statement to the
extent that it applies to the methods proposed: 1.
Describe (including a numerical estimate) the potential respondent
universe and any sampling or other respondent selection methods to be
used. Data on the number of entities
(e.g., establishments, State and local government units, households, or
persons) in the universe covered by the collection and in the corresponding
sample are to be provided in tabular form for the universe as a whole and for
each of the strata in the proposed sample.
Indicate expected response rates for the collection as a whole. If the collection had been conducted
previously, include the actual response rate achieved during the last
collection. 2. Describe the procedures for the collection
of information including: • Statistical methodology for
stratification and sample selection, • Estimation procedure, • Degree of accuracy needed for
the purpose described in the justification, • Unusual problems requiring
specialized sampling procedures, and • Any use of periodic (less
frequently than annual) data collection cycles to reduce burden. 3.
Describe methods to maximize response rates and to deal with issues of
non-response. The accuracy and
reliability of information collected must be shown to be adequate for intended
uses. For collections based on sampling,
a special justification must be provided for any collection that will not yield
"reliable" data that can be generalized to the universe studied. 4.
Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an effective means
of refining collections of information to minimize burden and improve
utility. Tests must be approved if they
call for answers to identical questions from 10 or more respondents. A proposed test or set of tests may be
submitted for approval separately or in combination with the main collection of
information. 5. Provide
the name and telephone number of individuals consulted on statistical aspects
of the design and the name of the agency unit, contractor(s), grantee(s), or
other person(s) who will actually collect and/or analyze the information for
the agency. There
are no statistical methods required for this collection. Type
of Review: Extension Agency: Mine Safety and Health Administration Title:
Application for a Permit to Fire More than 20 Boreholes for the use of
Nonpermissible Blasting Units, Explosives, and Shot-firing Units (30 CFR
75.1321; 75.1327; and 77.1909-1) OMB
Number: 1219-0025 Frequency:
On Occasion Affected
Public: Business or other for-profit. Number
of Respondents: 105 Estimated
Time Per Respondent: 0.639 hours Total
Burden Hours: 67 hours Total
Annualized Capital/startup Costs: $0 Total
Annual (operating/maintaining systems or purchasing services): $588 Description:
Coal mine operators may apply for and be granted a permit for firing of more
than 20 shots using nonpermissible explosives and nonpermissible shot-firing
units in sinking shafts and slopes from the surface in rocks. Applications contain the safeguards that the
mine operator is going to employ to protect the miners while using these
blasting items. DEPARTMENT
OF LABOR Mine
Safety and Health Administration Proposed
Information Collection Request Submitted
for Public Comment and Recommendations; Applications for a permit to Fire more than 20
Boreholes, for the use of Nonpermissible Blasting Units, Explosives, and
Shot-firing Units. ACTION:
Notice. SUMMARY: The
Department of Labor, as part of its continuing effort to reduce paperwork and
respondent burden conducts a preclearance consultation program to provide the
general public and Federal agencies with an opportunity to comment on proposed
and/or continuing collections of information in accordance with the Paperwork
Reduction Act of 1995 (PRA95) [44 U.S.C. § 3506(c)(2)(A)]. This program helps to ensure that requested
data can be provided in the desired format, reporting burden (time and
financial resources) is minimized, collection instruments are clearly
understood, and the impact of collection requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration (MSHA) is soliciting comments concerning the
proposed extension of the information collection related to the application for
a permit to fire more than 20 boreholes, for the use of nonpermissible blasting
units, and for the use of nonpermissible explosives and nonpermissible
shot-firing units, and posting of warning notices with regard to mis-fired
explosives. DATES: Submit
comments on or before [insert date 60 days after date of publication in the Federal
Register]. ADDRESSES: Send
comments to Darrin King, Chief, Records Management Division, 1100 Wilson
Boulevard, Room 2139, Arlington, VA 22209-3939. Commenters are encouraged to send their
comments on a computer disk, or via E-mail to king.darrin@dol.gov, along with
an original printed copy. Mr. King can
be reached at (202)
693-9838 (voice) or 202-693-9801 (facsimile). FOR
FURTHER INFORMATION CONTACT:
A copy of the proposed information
collection request and further information may be obtained by contacting, Darrin
King, Chief, Records Management Division, U.S. Department of Labor, Mine Safety
and Health Administration, Room 2139, 1100 Wilson Boulevard, Room 2139,
Arlington, VA 22209-3939. Mr. King can be reached at king.darrin@dol.gov (Internet E‑mail), (202) 693-9838 (voice),
or (202) 693-9801(facsimile). SUPPLEMENTARY INFORMATION: I. Background Under
Section 313 of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30
U.S.C. § 873, a mine operator is required to use permissible explosives in
underground coal mines. The Mine Act
also provides that under safeguards prescribed by the Secretary of Labor, a
mine operator may permit the firing of more than 20 shots and the use of
nonpermissible explosives in sinking shafts and slopes from the surface in
rock. Title 30, C.F.R. § 75.1321
outlines the procedures by which a permit may be issued for the firing of more
than 20 boreholes and/or the use of nonpermissible shot-firing units in
underground coal mines. In those
instances in which there is a misfire of explosives, 30 C.F.R. § 75.1327
requires that a qualified person post each accessible entrance to the affected
area with a warning to prohibit entry.
Title 30 C.F.R. § 77.1909-1 outlines the procedures by which a coal mine
operator may apply for a permit to use nonpermissible explosives and/or
shot-firing units in the blasting of rock while sinking shafts or slopes for
underground coal mines. II. Desired Focus of
Comments MSHA is particularly interested in comments
which: *
evaluate whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including whether the
information will have practical utility; *
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the methodology
and assumptions used; *
enhance the quality, utility, and clarity of the information to be
collected; and *
minimize the burden of the collection of information on those who are to
respond, including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms of
information technology, e.g., permitting electronic submissions of responses. III. Current Actions Title
30, C.F.R. §§ 75.1321, 75.1327 and 77.1901-1 provide MSHA District Managers
with the authority to address unusual but reoccurring blasting practices needed
for breaking rock types more resilient than coal and for misfires in blasting
coal. MSHA uses the information
requested to issue permits to mine operators or shaft and slope contractors for
the use of nonpermissible explosives and/or shot-firing units under 30 C.F.R.
Part 77, Subpart T - Slope and Shaft Sinking. Similar permits are issued by
MSHA to underground coal mine operators for shooting more than 20 bore holes
and/or for the use of nonpermissible shot firing units when requested under 30
C.F.R. Part 75, Subpart N - Explosives and Blasting. The approved permits allow the use of
specific equipment and explosives in limited applications and under exceptional
circumstances where standard coal blasting techniques or equipment is
inadequate to the task. These permits inform mine management and the miners of
the steps to be employed to protect the safety of any person exposed to such
blasting while using nonpermissible items.
Also, the posting of danger/warning signs at entrances to locations
where an misfired blast hole or round remains indisposed is a safety precaution
predating the Coal Mine Safety and Health Act. Type
of Review: Extension (without change). Agency: Mine
Safety and Health Administration. Title: 30 C.F.R §§
75.1321, 75.1327, and 77.1909-1 - Applications for a permit to fire more
than 20 boreholes, for the use of nonpermissible blasting units, and for the
use of nonpermissible explosives and nonpermissible shot-firing units, and
posting of warning notices with regard to misfired explosives (pertains to coal
mining industry). OMB
Number: 1219-0025. Affected
Public: Business or other for-profit institutions.
Total
Burden Cost (capital/startup): $0. Total
Burden Cost (operating/maintaining): $588. Comments submitted in response to this
notice will be summarized and/or included in the request for Office of
Management and Budget approval of the information collection request; they will
also become a matter of public record. Dated
at Arlington, Virginia, this _______ day of _________________, 2004. David L. Meyer, Director, Office of Administration and
Management. |
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