1219-0150 Supporting Statement 2025

Pattern of Violations

OMB Control Number: 1219-0150

OMB Expiration Date: 9/30/2025

Supporting Statement for Pattern of Violations

Paperwork Reduction Act Submission

This information collection request (ICR) seeks to extend, without change, a currently approved information collection.

OMB Control Number: 1219-0150

Information Collection Request Title: Pattern of Violations

Type of OMB Review: Extension

Authority:

Part 104 – Pattern of Violations

Subpart R—Miscellaneous

30 CFR 104.2 – Pattern criteria

30 CFR 104.3 – Issuance of notice

Collection Instrument(s): None

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses or employ statistical methods” is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

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.

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act) as amended, 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (MSHA) to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the Secretary of Labor (Secretary) to 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, metal, and nonmetal (MNM) mines.

The Paperwork Reduction Act (PRA) governs paperwork burdens imposed by Federal agencies on the public for using identical questions to collect information from 10 or more persons. Paperwork burden is defined in 44 U.S.C. 3502(2) as time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, policies and procedures of information collection are established for controlling paperwork burdens imposed by Federal agencies on the public, including evaluating public comments.

To fulfill the statutory mandates to promote miners’ health and safety, MSHA requires information under the information collection request (ICR) titled “Pattern of Violations”. The information collection is intended to use the written corrective action programs (CAPs) developed by mine operators to monitor the progress and effectiveness of the operators’ efforts to avoid the issuance of pattern of violations (POV) and to restore safe and healthful working conditions in their mines.

The Mine Act requires mine operators to take the ultimate responsibility of ensuring the safety and health of miners. Under 30 CFR part 104, the criteria and procedures to determine whether a mine operator has established a recurring pattern of significant and substantial (S&S) violations of mandatory health and safety standards at the mine. An S&S violation is a type of violation that is regarded to be reasonably likely to result in a serious injury or illness. 30 CFR part 104 implements section 104(e) of the Mine Act, 30 U.S.C. 814(e), regarding POV by addressing mines with an inspection history of recurrent S&S violations that demonstrate a mine operator's disregard for the health and safety of miners. MSHA uses the POV provisions to effectively restore safe and healthy conditions at mines with an established pattern of S&S violations.

Burden costs associated with the ICR includes:

I. mine operators developing and reviewing caps for MSHA approval and progress review;

II. MSHA issuing POV notices and withdrawal orders;

III. Mine operators posting POV notices; and

IV. MSHA posting POV criteria.

Authorization and the associated rule text are described below.

1. Mine Operators Developing and Reviewing CAPs for MSHA Approval and Progress Review

Under 30 CFR 104.2(a), at least once each year, MSHA will review the compliance and accident, injury, and illness records of mines to determine if any mines meet the POV criteria. MSHA's review to identify mines with a pattern of S&S violations will include:

(1) Citations for S&S violations;

(2) Orders under section 104(b) of the Mine Act for not abating S&S violations;

(3) Citations and withdrawal orders under section 104(d) of the Mine Act, resulting from the mine operator's unwarrantable failure to comply;

(4) Imminent danger orders under section 107(a) of the Mine Act;

(5) Orders under section 104(g) of the Mine Act requiring withdrawal of miners who have not received training and who MSHA declares to be a hazard to themselves and others;

(6) Enforcement measures, other than section 104(e) of the Mine Act, that have been applied at the mine;

(7) Other information that demonstrates a serious safety or health management problem at the mine, such as accident, injury, and illness records; and

(8) Mitigating circumstances.

A POV notice could result in a temporary closure of the mine or sections of the mine. When a mine operator determines that the mine is likely to be issued a POV notice soon (a POV calculator is available on MSHA website, https://www.msha.gov/data-and-reports/data-sources-and-calculators/pov-calculator), the operator usually chooses to work with MSHA to develop and submit a written CAP to the District Manager for approval.

An approved CAP is one of the mitigating circumstances of 30 CFR 104.2(a)(8) that MSHA considers when determining whether to issue a POV notice. The CAP is submitted to MSHA to demonstrate planned actions by the operator to address known health and safety violations. The CAP encourages operators to take proactive measures to bring their mines into compliance. Positive CAP results in reducing S&S violations will allow MSHA to monitor demonstrated progress of operator efforts to restore safe and healthful conditions.

2. MSHA Issuing POV Notices and Withdrawal Orders

Under 30 CFR 104.3(a), when a mine has a POV, the District Manager will issue a POV notice to the mine operator that specifies the basis for the Agency's action. The District Manager will also provide a copy of this notice to the representative of miners.

Under 30 CFR 104.3(c), if MSHA finds any S&S violation within 90 days after issuance of the POV notice, MSHA will issue an order for the withdrawal of all persons from the affected area, except those exempted persons referred to in section 104(c) of the Mine Act, until the violation has been abated.

Under 30 CFR 104.3(d), if a withdrawal order is issued, any subsequent S&S violation will result in a withdrawal order that will remain in effect until MSHA determines that the violation has been abated.

3. Mine Operators Posting POV Notices

Under 30 CFR 104.3(b), the mine operator must post the POV notice on the mine bulletin board. The POV notice must remain posted at the mine until terminated by MSHA.

4. MSHA Posting POV Criteria

Under 30 CFR 104.2(b), MSHA is expected to post the specific pattern criteria on its Web site. The criteria has been posted (https://www.msha.gov/compliance-and-enforcement/pattern-violations-pov) and no further cost is involved.

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.

Mine operators, miners, and State and Federal mine inspectors use the written CAPs to monitor the progress and effectiveness of the operators’ efforts to restore their mines to a safe and healthful condition. This program encourages operators to take proactive measures to find and fix the root causes of violations before they become a hazard to miners. The collection signals to operators that the mere abatement of violations as they are cited is insufficient to ensuring safe and healthful working conditions for miners.

This information collection is designed to encourage operators to take proactive measures to bring their mines into compliance. MSHA believes that operators who implement CAPs are thereby demonstrating a commitment to complying with MSHA’s safety and health standards and to restoring safe and healthful working conditions for miners.

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 collection does not specify how CAPs are to be written or how they are to be submitted to MSHA. Operators can keep CAPs in the traditional manner (print/hard copy) and submit it through the mail, or store and submit it electronically. MSHA encourages mine operators to store records electronically to allow for frequent retrieval and updating. No information technology has been identified that would further reduce the paperwork burden.

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 A.2 above.

CAPs address specific conditions at an individual mine over a limited period of time. No other duplicative information exists.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information collection provisions apply to all mine operators, both large and small. Congress intended that the Secretary enforce the law at all mining operators within the Agency’s jurisdiction regardless of size and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Mine Act. [S. Rep. No. 95-181 (1977)]. Section 103(e) of the Mine Act, 30 U.S.C. 813(e), directs the Secretary not to impose an unreasonable burden on small businesses when obtaining any information under the Mine Act. MSHA considered the burden on small mines when developing the collection. Hence, MSHA believes that these information collection requirements are imposed on all mining operators and do not have a significant impact on a substantial number of small business or other small entities.

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.

Because mining conditions are constantly changing, miners could be exposed to hazards or violations of safety and health standards that develop as mining progresses. MSHA believes that the development of CAPs by mine operators that are approaching a POV is necessary to ensure that the operators maintain safety and health conditions in mines to protect miners. Reduction in these requirements may result in unsafe conditions developing or remaining uncorrected, thus jeopardizing the safety and health of miners.

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 statue 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.

This collection of information is consistent with the guidelines in 5 CFR 1320.5.

8. If applicable, provide a copy and identify the date 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.

In accordance with 5 CFR 1320.8(d), 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 providing 60 days for the public to submit comments. MSHA published a 60-day Federal Register notice on May 29, 2025 (90 FR 22760). MSHA received no comments.

9. Explain any decision to provide any payments or gifts to respondents, other than remuneration of contractors or grantees.

MSHA does not provide payment 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.

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 from 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.

• 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 under ‘Annual Cost to Federal Government’.

Respondents

All information related to quantities and inspection rates are estimated by MSHA’s Headquarters Enforcement Division based on field experience with different types of mining operations, sizes of mines, and the frequency of inspections dictated by statute. Mine operators provide MSHA Headquarters Enforcement Division the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.

MSHA estimates that mine operators would disclose most mitigating circumstances (e.g., a change in mine ownership or notice that a mine is inactive) to MSHA as a routine business practice or under the Agency’s regulation in 30 CFR part 41 – Notification of Legal Identity.

Since the rule took effect on January 23, 2013, operators have submitted and MSHA has approved 80 CAPs. Since 2021, the number of new CAPs has increased from 2 in 2021, to 10 in 2022 to 12 in 2023. Due to the increase in new CAPs in the last several years, MSHA expects that 12 new CAPs will be developed each year, including 6 MNM mines and 6 coal mines in calendar year 2023.

Although roughly 12 new CAPs are implemented each year, most mines resolve compliance issues and do not need to renew their CAP the following year. Only about 2 of those 12 new CAPs are carried over into the next year. Hence, MSHA estimates there are 2 existing CAPs per year, each one reviewed quarterly by a mining supervisor.

Based on MSHA’s list of POV notifications, the agency issued 1 POV in 2022 and 1 POV in 2023. Hence, MSHA estimates that there will be 1 POV issued each year.

Wage Rates Determinations¹

MSHA used data from the May 2023 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates² and adjusted the rates for benefits,³ wage inflation,⁴ and overhead costs.⁵ The occupations listed below in Table 12-1 are those that were determined to be relevant for the cost calculations.

Table 12-1. Hourly Wage Rates

Occupation	NAICS Code	Mean Wage Rate	Benefit Multiplier	Inflation Multiplier	Overhead Cost Multiplier	Loaded Hourly Wage Rate
		A	B	C	D	A x B x C x D
Mining Supervisor [a]	212100, 212200, 212300	$45.54	1.461	1.037	1.01	$69.68
Miner [b]	212100, 212200, 212301	$28.31	1.461	1.037	1.01	$43.32
Clerk [c]	212100, 212200, 212302	$24.63	1.461	1.037	1.01	$37.68

Notes: MSHA uses the latest 4-quarter moving average 2023Q3-2024Q2 to determine that 31.6 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.461 = 1+(0.316/ (1-0.316)). The inflation multiplier is determined by using the employment price index from the most current quarter, 2024Q2, divided by the base year and quarter of the OEWS employment and wage statistics, 2023Q2, for private industry workers in construction, extraction, farming, fishing, and forestry occupations, current dollar index. The inflation multiplier is 1.037 = 163.1/157.3. MSHA uses the overhead multiplier of 1.01.

[a] The Standard Occupation Codes (SOC) used for this occupation are (47-1011), (49-1011), (51-1011), and (53-1047).

[b] The SOCs used for this occupation are (47-5000), (49-9043), (49-9071), (51-9021), and (53-7000).

[c] The SOCs used for this occupation are (43-3021), (43-3031), (43-3051), (43-3061), (43-4171), (43-5061), (43-5071), and (43-9061).

Hour Burden

1. Mine Operators Developing and Reviewing CAPs for MSHA Approval and Progress Review

A POV notice could result in the temporary closure of the mine or sections of the mine. When a mine operator determines that the mine is likely to be issued a POV notice in the near future (a POV calculator is available on MSHA website, https://www.msha.gov/data-and-reports/data-sources-and-calculators/pov-calculator), they usually choose to work with MSHA to develop and submit a written CAP to the District Manager for approval.

An approved CAP is one of the mitigating circumstances of 30 CFR 104.2(a)(8) that MSHA considers when determining whether to issue a POV notice, if accompanied by positive results of demonstrated progress in reducing S&S violations. The CAP is submitted to MSHA to demonstrate planned actions by the operator to address known health and safety violations. Progress in the CAP allows MSHA to monitor the effectiveness of operator efforts to restore safe and healthful conditions.

I-1. Mine Operators Developing New CAPs

Under 30 CFR 104.2(a)(8), MSHA estimates that mine operators would work with MSHA to develop the 12 new CAPs. MSHA expects that it will take a mining supervisor, earning $69.68 per hour, 128 hours, and a miner, earning $43.32 per hour, 8 hours to develop new CAPs with meaningful and measurable benchmarks.

Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Mine Operators Developing New CAPs (30 CFR 104.2(a)(8))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (CAPs)	Average Burden per Response (Hours)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Developing New CAPs (Mining Supervisor)	12	1	12	128	1536.00	$69.68	$107,028.48
Developing New CAPs (Miner)	12	1	12	8	96.00	$43.32	$4,158.72
Subtotal (Rounded)	12		12		1,632		$111,187

I-2. Mine Operators Reviewing Existing CAPs

MSHA estimates that each of the 2 existing CAPs will be reviewed quarterly by a mining supervisor, for a total of 8 reviews each year. MSHA expects that it takes a mining supervisor, earning $69.68 per hour, 4 hours to review and update existing CAPs with meaningful and measurable progress reports.

Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Mine Operators Reviewing Existing CAPs (30 CFR 104.2(a)(8))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (Reviews)	Average Burden per Response (Hours)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Reviewing Existing CAPs (Mining Supervisor)	2	4	8	4.00	32.00	$69.68	$2,229.76
Subtotal (Rounded)	2		8		32		$2,230

3. Mine Operators Posting POV Notices

Under 30 CFR 104.3(b), mine operator must post the POV notice issued on the mine bulletin board. MSHA estimates there is 1 POV issued each year. MSHA assumes that this will be done by a clerk, earning $37.68 per hour, taking 5 minutes to make a copy of the POV notice and post it on the bulletin board.

Table 12-4. Estimated Annual Respondent Hour and Cost Burden, Mine Operators Posting POV Notices (30 CFR 104.3(b))

Activity (Occupation)	Number of Respondents (Mines)	Number of Responses per Respondent	Total Responses (POV Notices)	Average Burden per Response (Hours)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Posting POV Notices (Clerk)	1	1	1	0.08	0.08	$37.68	$3.14
Subtotal (Rounded)	1		1		0		$3

Hour Burden Summary

MSHA estimates that the 15 respondents (mine operators) would incur, on average, an annual collection burden of 1,664 hours with an associated annual cost of $113,420. The annual respondent hour and cost burden is summarized in the Summary table below.

Table 12-5. Estimated Annual Respondent Hour and Cost Burden, Summary

Activity	Number of Respondents	Number of Responses per Respondent	Total Responses	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
I-1. Developing New CAPs	12		12	128	1,632.00	0	$ 111,187.20
I-2. Reviewing Existing CAPs	2	4	8	4.00	32.00	$69.68	$2,229.76
III. Posting POV Notices	1	1	1	0.08	0.08	$37.68	$3.14
Total (Rounded)	15		21		1,664		$ 113,420

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

• 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.

1. Mine Operators Mailing CAPs for Review

Under 30 CFR 104.2(a)(8), MSHA estimates that each year mine operators will mail 12 new CAPs and 2 existing CAP revisions. Costs for copying supplies and mailing postage are estimated to be $200 per program each year. While MSHA encourages electronic submission, it is not required. For purposes of this calculation, MSHA estimated that all operators will submitting new or revised CAPs by mail.

Table 13-1. Estimated Annual Respondent or Recordkeeper Cost Burden, Mine Operators Mailing CAPs (30 CFR 104.2(a)(8))

Cost Components	Number of Responses (CAPs)	Unit Cost	Number of Units	Cost to Recordkeepers
Mailing CAPs	14	$200.00	1	$2,800.00
Subtotal (Rounded)	14			$2,800

3. Mine Operators Posting POV Notices

Under 30 CFR 104.3(b), mine operator must post the POV notices issued on the mine bulletin board. MSHA estimates that each POV is 7 pages long and there will be 1 POV each year. MSHA estimates that costs of copying will be $0.15 for each page or a total of $1.05 for all 7 pages.

Table 13-2. Estimated Annual Respondent or Recordkeeper Cost Burden, Mine Operators Posting POV Notices (30 CFR 104.3(b))

Cost Components	Number of Responses (POV Notices)	Unit Cost	Number of Units	Cost to Recordkeepers
Posting POV Notices	1	$1.05	1	$1.05
Subtotal (Rounded)	1			$1

Cost Burden to Respondents or Recordkeepers Summary

The annual cost burden to respondents or recordkeepers is summarized in the summary table below.

Table 13-3. Estimated Annual Respondent or Recordkeeper Cost Burden, Summary

Cost Component	Number of Responses	Unit Cost	Cost to Recordkeepers
I. Mailing CAPs	14	$200.00	$ 2,800.00
III. Posting POV Notices	1	$1.05	$1.05
Total (Rounded)	15		$2,801

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 uses data from the FedScope published by the Office of Personnel Management (OPM) for hourly wage rates of Federal employees and adjusts the rates for benefits and overhead. The occupations listed below in Table 14-1 are those that were determined to be relevant for the Federal government cost calculations.

Table 14-1. Federal Hourly Wage Rates

Occupation	Occupation Code	Mean Wage Rate	Benefit & Overhead Multiplier [a]	Loaded Hourly Wage Rate
		A	B	A x B
GS-9 Clerical Worker [b]	03XX	$32.24	1.586	$51.13
GS-12 Safety and Health specialist [c]	1822	$47.55	1.586	$75.41

Note: Hourly wage rates developed from Office of Personnel Management (OPM) September 2023 FedScope Employment Cube, http://www.fedscope.opm.gov/.

[a] Benefit and overhead multiplier = 1 + (MSHA personnel benefits, travel and transportation, and rental expenses / MSHA personnel compensation) = (1+ ((76,679+20+5,309+5,932+17,577+71) / 180,071) (FY 2024 budget submission, use FY2023 Revised Enacted Budget: https://www.dol.gov/sites/dolgov/files/general/budget/2024/CBJ-2024-V2-13.pdf).

[b] Data search qualifiers were: Agency = DLMS, Occupation = 03XX, Work Schedule = Full-Time, Salary Grade = GS-09, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.586. Rate equals $51.13 = (($67,276/ 2,087) x 1.586).

[c] Data search qualifiers are: Agency = DLMS, Occupation = 1822 (Mine Safety and Health Inspection), Work Schedule = Full-Time, Salary Grade = GS-12, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.586. Rate equals $75.41 = (($99,228 / 2,087) x 1.586).

I-1. MSHA Preparing New CAPs for Review

For each of the 12 new CAPs that MSHA will review, MSHA estimates that it will take a clerical worker, earning $51.13 per hour at the GS-9 pay level, 2 hours to prepare the specialist’s comments, make copies, send the comments and approved CAPs, back to the mine operator. MSHA assumes that MSHA will send the comments back to the mine operator electronically.

Table 14-2. Estimated Federal Hour and Cost Burden, MSHA Preparing New CAPs for Review (30 CFR 104.2(a)(8))

Federal Occupation	Number of Responses (CAPs)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
GS-9 Clerical Worker	12	2.00	24	$51.13	$1,227.01
Subtotal (Rounded)	12		24		$1,227

I-2. MSHA Reviewing New CAPs

MSHA estimates that it takes a safety and health specialist, earning $75.41 per hour at the GS-12 pay level, an average of 24 hours to review a new CAP submitted to the District Manager (16 hours for an initial review plus 8 hours for a review of revision by the mine operators in response to MSHA comments).

Table 14-3. Estimated Federal Hour and Cost Burden, MSHA Reviewing New CAPs (30 CFR 104.2(a)(8))

Federal Occupation	Number of Responses (CAP Reviews)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
GS-12 Safety and Health specialist	12	24.00	288	$75.41	$21,718.08
Subtotal (Rounded)	12		288		$21,718

I-3. MSHA Quarterly Reviewing Existing CAPs

For each of the 2 currently existing CAPs, MSHA estimates that it takes a safety and health specialist, earning $75.41 per hour at the GS-12 pay level, 2 hours each quarter (8 hours annually in total) to review and respond to the mine operator’s progress updates. MSHA assumes that MSHA will send the comments back to the mine operators electronically so no additional costs to send the comments back to mine operators.

Table 14-4. Estimated Federal Hour and Cost Burden, MSHA Quarterly Review Existing CAPs (30 CFR 104.2(a)(8))

Federal Occupation	Number of Responses (Review of CAPs)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
GS-12 Safety and Health specialist	2	8.00	16	$75.41	$1,206.56
Subtotal (Rounded)	2		16		$1,207

2. MSHA Preparing and Issuing POV Notices and Withdrawal Orders

Under 30 CFR 104.3(a), when a mine has a POV, the District Manager will issue a POV notice to the mine operator that specifies the basis for the Agency's action. The District Manager will also provide a copy of this notice to the representative of miners.

Under 30 CFR 104.3(c), MSHA will issue an order for the withdrawal of all persons from the affected area if MSHA finds any S&S violation within 90 days after issuance of the POV notice until the violation has been abated. Under 30 CFR 104.3(d), if a withdrawal order is issued, any subsequent S&S violation will result in a withdrawal order that will remain in effect until MSHA determines that the violation has been abated.

MSHA assumes that on average 1 POV, but no withdrawal order, is issued to the mine operator each year. MSHA assumes that MSHA will issue the POV notice and provide a copy to the representative of miners electronically. MSHA estimates that it takes a safety and health specialist, earning $75.41 per hour at the GS-12 pay level, 8 hours to prepare and issue a POV notice and provide a copy to the representative of miners.

Table 14-5. Estimated Federal Hour and Cost Burden, MSHA Preparing and Issuing POV Notices and Withdrawal Orders (30 CFR 104.3(a))

Federal Occupation	Number of Responses (POV Notices)	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
GS-12 Safety and Health specialist	1	8.00	8	$75.41	$603.28
Subtotal (Rounded)	1		8		$603

4. MSHA Posting POV Criteria

MSHA has posted the specific pattern criteria on its Web site (https://www.msha.gov/compliance-and-enforcement/pattern-violations-pov) and no further cost is involved.

Cost Summary to the Federal Government

The annual cost burden to the Federal government is summarized in the summary table below.

Table 14-6. Estimated Federal Hour and Cost Burden, Summary

Federal Occupation	Number of Responses	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
I-1. Prepare CAPs for Review	12	2.00	24.00	$51.13	$1,227.01
I-2. Review New CAPs	12	24.00	288.00	$75.41	$21,718.08
I-3. Quarterly Review Existing CAPs	2	8.00	16.00	$75.41	$1,206.56
II. Prepare and Issue POV Notices and Withdrawal Orders	1	8.00	8	$75.41	$603.28
Total (Rounded)	37		336		$24,755

15. Explain the reasons for any program changes or adjustments on the burden worksheet.

Number of Respondents: The estimated number of respondents increased from 6 to 15 due an increase in the number of CAPs and POVs issued.

Number of Responses: The estimated number of responses increased from 12 to 21 due to an increase in respondents.

Annual Time Burden: The estimated annual time burden increased from 304 to 1,664 due to an increase in respondents.

Annual Burden Costs: The estimated annual burden costs increased from $17,745 to $113,420 due to an increase in the number of respondents and an increase in wages.

Annual Other Burden Costs: The estimated annual other burden cost increased from $800 to $2,801 due to an increase in the number of respondents.

Federal Hours: The estimated annual federal hours increased from 116 to 336 hours due to an increase in the number of responses.

Federal Costs: The estimated annual federal costs increased from $4,223 to $24,755 due to an increase in the number of responses.

Table 15-1. Summary of Changes

	Previous ICR	Currently Approved ICR	Difference
Number of Respondents	6	15	9
Number of Responses	12	21	9
Annual Time Burden	304	1,664	1,360
Annual Burden Costs	$17,745	$113,420	$95,675
Annual Other Burden Costs	$800	$2,801	$2,001
Federal Hours	116	336	220
Federal Costs	$4,223	$24,755	$20,532

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 and there is no form associated with this collection.

18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no certification exceptions identified with this information collection.

B. Collections of information employing statistical methods

As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.

1 For all wage rates, including Federal wage rates, MSHA uses the relevant precision throughout the calculation to avoid compound rounding errors and rounds at the final rate value. Displayed intermediate calculation values are presented to explain the calculation and are representative, but the final rate value reflects the correct rounding and final estimate.

2 To obtain OEWS data, follow BLS’s directions in its Frequently Asked Questions: “E. How to get OEWS data. 4. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm. The average wage rate is calculated as the employment-weighted average of hourly mean wages for the occupation.

3 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at http://data.bls.gov/cgi-bin/srgate or directly at http://download.bls.gov/pub/time.series/cm/cm.data.0.Current. Insert the data series CMU2030000405000D and CMU2030000405000P, Private Industry Total benefits for Construction, extraction, farming, fishing, and forestry occupations, which is divided by 100 to convert to a decimal value. MSHA uses the latest 4-quarter moving average to determine what percent of total loaded wages are benefits. MSHA computes the benefit multiplier with a number of detailed calculations, but it may be approximated with the formula 1 + (benefit percentage / (1-benefit percentage)).

4 Wage inflation is the change in Series ID: CIS2020000405000I; Seasonally adjusted; Series Title: Wages and salaries for Private industry workers in Construction, extraction, farming, fishing, and forestry occupations, Index. (https://data.bls.gov/cgi-bin/srgate; Inflation Multiplier = (Current Quarter Cost Index Value / OEWS Wage Base Quarter Index Value).

5 MSHA uses an overhead rate of 1 percent. The mining environment generally involves very little overhead, especially costs associated with workers engaged in administrative or clerical tasks.

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