1219-0054 Supporting Statement 2025

1219-0054 Supporting Statement 2025.docx

Underground Coal Mine Fire Protection

OMB: 1219-0054

Document [docx]
Download: docx | pdf

Underground Coal Mine Fire Protection

OMB Control Number: 1219-0054

OMB Expiration: 10/31/2025


Supporting Statement for Underground Coal Mine Fire Protection

Paperwork Reduction Act Submission


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


OMB Control Number: 1219-0054


Information Collection Request Title: Underground Coal Mine Fire Protection


Type of OMB Review: Extension


Authority:


Part 75 - Mandatory Safety Standards - Underground Coal Mines

Subpart L - Fire Protection

30 CFR 75.1100-3 Condition and examination of firefighting equipment.

30 CFR 75.1103-5 Automatic fire warning devices; actions and response.

30 CFR 75.1103-8 Automatic fire sensor and warning device systems; examination and

test requirements.

30 CFR 75.1103-11 Tests of fire hydrants and fire hose; record of tests.

30 CFR 75.1107-16 Inspection of fire suppression devices.


Subpart P - Mine Emergencies

30 CFR 75.1501 - Emergency evacuations.

30 CFR 75.1502 - Mine emergency evacuation and firefighting program of instruction.


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 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 “Underground Coal Mine Fire Protection”. The information collection is intended for MSHA to ensure mine operators keep proper records for the examination and testing of firefighting equipment, automatic fire sensor and warning device systems, fire hydrants and fire hoses, and fire suppression devices. It is also intended to ensure mine operators certify the emergency response training for the designated responsible persons and maintain mine emergency evacuation and firefighting programs of instruction.


Burden and costs associated with this ICR include:


  1. examination of chemical extinguishers and recoding dates;

  2. updating maps or schematic with locations of sensors of automatic fire warning devices;

  3. functional testing the warning signals and calibrating sensors in automatic fire sensor and warning device systems;

  4. testing each fire hydrant and fire hose;

  5. certifying mine emergency evacuation response training;

  6. submitting mine emergency evacuation and firefighting program of instruction for MSHA approval.


Authorization and the associated rule text are described below.

  1. Examining Chemical Extinguishers and Recording


Under 30 CFR 75.1100-3, all firefighting equipment must be maintained in a usable and operative condition. Chemical extinguishers must be examined every 6 months, and the date of the examination must be written on a permanent tag attached to the extinguisher.


  1. Updating Maps or Schematic with Locations of Sensors of Automatic Fire Warning Devices


Under 30 CFR 75.1103-5(a), when the carbon monoxide level reaches 10 parts per million above the established ambient level at any sensor location, automatic fire sensor and warning device systems must provide an effective warning signal at the following locations: (1) At working sections and other work locations where miners may be endangered from a fire in the belt entry; and (2) At a manned surface location where personnel have an assigned post of duty.


Under 30 CFR 75.1103-5(a)(2)(ii), the manned surface location must have a map or schematic that shows the locations of sensors, and the intended air flow direction at these locations. This map or schematic must be updated within 24 hours of any change in this information.


  1. Functional Testing the Warning Signals and Calibrating Sensors in Automatic Fire Sensor and Warning Device Systems


Under 30 CFR 75.1103-8(a), automatic fire sensor and warning device systems must be examined at least once each shift when belts are operated as part of a production shift. A functional test of the warning signals must be made at least once every seven days. Examination and maintenance of the systems must be by a qualified person.


Under 30 CFR 75.1103-8(b), a record of the functional test must be maintained by the operator and kept for a period of one year.


Under 30 CFR 75.1103-8(c), sensors must be calibrated in accordance with the manufacturer's calibration instructions at intervals not to exceed 31 days. A record of the sensor calibrations must be maintained by the operator and kept for a period of one year.


  1. Testing Fire Hydrants and Fire Hoses


Under 30 CFR 75.1103-11, each fire hydrant must be tested by opening to ensure that it is in operating condition, and each fire hose must be tested, at intervals not exceeding 1 year. A record of these tests must be maintained at an appropriate location.



  1. Certifying Mine Emergency Response Training


Under 30 CFR 75.1501(a), for each shift that miners work underground, there must be in attendance a responsible person designated by the mine operator to take charge during mine emergencies involving a fire, explosion, or gas or water inundation.


Under 30 CFR 75.1501(a)(2), the responsible person must be trained annually in a course of instruction in mine emergency response, as prescribed by MSHA's Office of Educational Policy and Development. Further, under 75.1051(a)(3), the operator must certify by signature and date after each responsible person has completed the training and keep the certification at the mine for 1 year.


  1. Submitting Mine Emergency Evacuation and Firefighting Program of Instruction for MSHA Approval


Under 30 CFR 75.1502, each operator of an underground coal mine must adopt and follow a mine emergency evacuation and firefighting program that instructs all miners in the proper procedures they must follow if a mine emergency occurs.


Under 30 CFR 75.1502(a), the operator must submit the program of instruction, and any revisions, for approval to the District Manager in which the mine is located. Within 30 days of approval, the operator must conduct training in accordance with the revised program.


Additionally, under 30 CFR 75.1502(b), before implementing any new or revised approved provision in the program of instruction, the operator must instruct miners regarding the change.


Coal mine operators’ burden and costs associated with recordkeeping and reporting requirements of mine emergency evacuation trainings and drills are included in a separate information collection request under OMB Control Number 1219-0141 titled “Emergency Mine Evacuation”.


Coal mine operators’ burden and costs associated with recordkeeping and reporting requirements of refuge alternatives are included in a separate information collection request under OMB Control Number 1219-0144 titled “Mine Rescue Teams; Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Agreements; Reporting Requirements; Posting Requirements”.


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.


Examination and testing of firefighting suppression equipment, automatic fire sensor and warning device systems, fire hydrants and fire hoses, and fire suppression devices are conducted on a regular basis to ensure that everything is in working order and ready for use in the event of a fire. The certification of mine emergency response training is used to determine whether a responsible person has been properly trained in mine emergency response. The mine emergency evacuation and firefighting program of instruction is used to determine whether a mine operator has adequate procedures and equipment to protect miners in the event of a fire or other mine emergency.


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 response submissions), 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 of this collection. However, in order to comply with the Government Paperwork Elimination Act, mine operators may retain the records in whatever method they choose, which may include utilizing computer technology to store the records electronically.


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 information is available or submitted to MSHA. If similar programs or records are required by States or other organizations, their application as a means of satisfying MSHA’s requirements could be acceptable if they are equivalent to MSHA standards.


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 operations 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 and 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 programs 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.


Regular examinations and testing of fire suppression equipment ensures that the equipment is operational and ready for use should a fire occur. Records of these examinations and tests are required to ensure that everything is adequately maintained and available for use in the event of an emergency. There is no effective substitute for the mine evacuation and firefighting program of instruction.


Training certifications for the responsible party are necessary to determine the person has been properly trained in mine emergency response and are similar to other MSHA requirements. The mine evacuation and firefighting program of instruction is crucial for training miners on how to respond to mine emergencies by evacuating the mine if under dangerous conditions or occupying the refuge alternatives when evacuation is not possible. Variations in mining methods, geology, and other conditions require mine-specific firefighting and evacuation plans. Inadequate training for miners on emergency mine evacuation techniques and strategies has been a root cause of miner fatalities in several mine disasters.


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 request in fewer than 30 days after receipt of the request.

  • 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 the Office of Management and Budget (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.



  • 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. Records of the automatic fire sensor and warning device system functional tests and sensor calibrations must be retained by the mine operator for 1 year. While there is no specific retention requirement for fire hydrant and fire hose testing, underground coal mine operators are required to maintain records of testing as long as the mine is active. There is a 1-year record retention requirement for the certification of mine emergency response training for the responsible person. No records are required to be maintained for more than 3 years. This collection of information is otherwise consistent with the guidelines found in 5 CFR 1320.5 and does not contain any requirements for respondents to report more frequently than on a quarterly basis.


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; 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 three 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 22758). MSHA received 2 anonymous comments.


Commenter #1 stated “The agency collection should be revised to update the agency to the proper agency management for MSHA regulation changes. The list of collection items are needed for safety purposes for health, fire prevention and having a plan in place in case of an emergency. Having the fire extinguishers tested and available every 6 months and verification of all warning systems, are all requirements applicable for policies issued by the Director of the agency. These policies should reference certification requirements, testing records with maps and locations, and other relevant data requirements for each mandatory system. The emergency evacuation and firefighting instructions should be required as part of regulatory compliance policies and procedures.”


Safety Division Draft Response:


Under 30 CFR 75.1100-3, chemical fire extinguishers must be examined every six months and that the date of the examination be recorded on a permanent tag attached to the extinguisher.


Under 30 CFR 75.1502, each mine operator must adopt and follow a mine emergency evacuation and firefighting program of instruction that addresses all mine emergencies created as a result of a fire, an explosion, or a gas or water inundation. Under 30 CFR 75.1502(a), mine operators must submit this program of instruction, and any revisions, to MSHA for its approval and to train miners regarding the use of the program of instruction. Under 30 CFR 75.1502(b), mine operators must instruct miners in any changes to the program of instruction before implementation of such approved changes.


Fire suppression equipment tests are conducted on a regular basis to ensure that all equipment (30 CFR 75.1100-3 (chemical fire extinguishers); 30 CFR 75.1103-8 (sensor and warning devices); and 30 CFR 75.1103-11 (hydrants and hoses)) are in working order and ready for use in the event of a fire. The emergency evacuation provisions – including the mine emergency evacuation and firefighting program of instruction, mine emergency evacuation training and drills including a realistic drill, review of the mine and escape-way map, the firefighting plan, operation of fire suppression equipment available in the mine, and location and use of firefighting equipment and materials – are used to determine whether a mine operator has adequate procedures and equipment to protect miners in the event of a fire or other mine emergency.


MSHA appreciates the anonymous comment regarding updating the Standard. However, the collection of information requirements contained in the ICR are to extend the regulations currently in place and approved by OMB. Introducing new practices, procedures, and requirements to the Standard are outside the scope of this notice, which is meant to extend the existing collection of information requirements for a further three years.


Commenter #2 stated “I recommend collecting the information and increasing safety for miners by collecting more information on fire safety. Deregulation is always bad for American workers, consumers, and taxpayers. Deregulation costs American taxpayers more in OSHA claims, property damage, and other compensation. We do not want another Crandall mine disaster.”


Safety Division Draft Response:


Section 103(h) of the Federal Mine Safety and Health Act of 1977, as amended (Mine Act), 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 mines.


In order to fulfill the statutory mandates to promote miners’ health and safety, MSHA requires the collection of information under the information collection request entitled Underground Coal Mine Fire Protection. The information collection is intended for MSHA to use the information to determine mine operators' compliance with approved training plans, to monitor safety-training programs, and to report to Congress.


Regular examinations of fire suppression equipment ensures that the equipment is operational and ready for use should a fire occur. Records of these examinations are required to ensure that this fire suppression equipment is adequately maintained and available for use in the event of an emergency.


MSHA appreciates the anonymous comment supporting the collection of information and its impact on miner safety.


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


MSHA does not provide payments or gifts to respondents.


10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statue, regulation, or agency policy.


There is no assurance of confidentiality provided to respondents. There is no personal information requiring confidentiality. The conduct of investigations and tests is required by 30 CFR 18.9 to be held as confidential and MSHA will not disclose principles or patentable features; nor will MSHA disclose to persons other than the applicant the results of tests, chemical analysis of materials or any details of the applicant’s drawings, specifications, instructions, and related material.


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 in Item 14.


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.


Based on inspection data taken from MSHAs Centralized Application System (MCAS), there were 148 active underground coal mines in 2024 that are affected by this information collection.


Wage Rates Determination1


MSHA uses data from the May 2023 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates2 and adjusts 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

Clerk [a]

212100

$22.81

1.456

1.048

1.01

$35.16

Miner [b]

212100

$31.57

1.456

1.048

1.01

$48.65

Certified Person [c]

212100

$34.81

1.456

1.048

1.01

$53.64

Mining Engineer [d]

212100

$58.10

1.456

1.048

1.01

$89.53

Mining Supervisor [e]

212100

$52.49

1.456

1.048

1.01

$80.89

Notes:

Benefit Multiplier – MSHA uses the latest 4-quarter moving average 2023Q4-2024Q3 to determine that 31.3 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.456 = 1+(0.313/(1-0.313)).

Inflation Multiplier – The inflation multiplier is determined by using the employment price index from the most current quarter, 2024Q3, 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 1.048 = 164.8/157.3.

Overhead Multiplier – MSHA uses the overhead multiplier of 1.01.

[a] The Standard Occupation Codes (SOCs) used for this occupation are (43-3031), (43-3051), (43-3061 (43-5071), and (43-9061).

[b] The SOCs used for this occupation are (47-500), (49-9043), (49-9071), (51-9021), and (53-7000).

[c] The SOCs used for this occupation are (47-500), (49-9043), (49-9071), (51-9021), and (53-7000). Additionally, instead of the mean wage the 75th percentile wage is used to account for extra knowledge and experience.

[d] The SOCs used for this occupation are (17-2071), (17-2081), (17-2112), (17-2141), and (17-2151). Additionally, instead of the mean wage the 75th percentile wage is used to account for extra knowledge and experience.

[e] The SOCs used for this occupation are (47-1011), (49-1011), (51-1011), and (53-1047).



Hour Burden


  1. Examining Chemical Extinguishers and Recording


Under 30 CFR 75.1100-3, chemical fire extinguishers must be examined every 6 months and the date of the examination recorded on a permanent tag attached to the extinguisher. MSHA records show that across 148 active underground coal mines there are approximately 438 mechanized mining units (MMU) in operation, each requiring approximately 20 fire extinguishers (FE) and two examinations annually, totaling 17,520 examinations (= 438 MMU X 20 FE X 2 examinations). MSHA estimates that it takes a miner, earning $48.65 per hour, approximately 2 minutes to check each fire extinguisher and record the results on the tag.


Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Examining Chemical Extinguishers and Recording (30 CFR 75.1100-3)

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Examinations)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Toal Burden Cost

Examining Chemical Extinguishers and Recording (Miner)

148

118.38

17,520

0.03

584.00

$48.65

$28,410.62

Total (Rounded)

148


17,520


584


$28,411

Note: The number of responses per respondents is calculated by dividing the number of responses by the number of respondents.


  1. Updating Maps or Schematic with Locations of Sensors of Automatic Fire Warning Devices


Under 30 CFR 75.1103-5(a)(2)(ii), a notation must be made on a map or schematic to show the locations of sensors and the intended direction of air flow. The map or schematic must also be updated within 24 hours of any changes.


MSHA estimates that, for each of the 148 actively producing underground coal mines, the map or schematic would be updated with 12 notations per year (1 per month), totaling 1,776 updates (= 148 mines X 12 updates). MSHA estimates that it will take an engineer, earning a wage of $89.53 per hour, 5 minutes to update a map or schematic.



Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Updating Maps or Schematic with Locations of Sensors of Automatic Fire Warning Devices (30 CFR 75.1103-5)

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Updates)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Toal Burden Cost

Updating Maps (Engineer)

148

12

1,776

0.08

148.00

$89.53

$13,250.96

Subtotal (Rounded)

148


1,766


148


$13,251


  1. Functional Testing the Warning Signals and Calibrating Sensors in Automatic Fire Sensor and Warning Device Systems


Under 30 CFR 75.1103-8(a), automatic fire sensor and warning device systems must be examined at least once each shift when belts are operated as part of a production shift. A functional test of the warning signals must be made at least once every seven days. Examination and maintenance of the system must be by a qualified person.


Under 30 CFR 75.1103-8(c), sensors must be calibrated in accordance with the manufacturer's calibration instructions at intervals not to exceed 31 days. A record of the sensor calibrations must be maintained by the operator and kept for a period of one year.


MSHA assumes that there are 148 active underground coal mines and each mine is equipped with an average of 4 automatic fire sensor and warning device systems. MSHA further assumes that each system must undergo a functional test weekly, resulting in 30,784 test records (= 148 mines X 4 systems X 52 weeks). MSHA estimates that it takes a mine supervisor, earning $80.89 per hour, approximately 15 minutes to conduct a functional test of the automated fire sensor system and approximately 3 minutes to certify the weekly test records.


MSHA assumes that each of the 148 active underground coal mines has an average of 47 automatic fire sensors, for a total of 6,956 sensors (= 148 mines X 47 sensors). MSHA further assumes that each sensor will be calibrated monthly, resulting in 83,472 records of sensor calibration (= 6,956 sensors X 12 months). MSHA estimates that it will take a supervisor, earning $80.98 per hour, approximately 1 minute to make a calibration record.



Table 12-4. Estimated Annual Respondent Hour and Cost Burden, Functional Testing the Warning Signals and Calibrating Sensors in Automatic Fire Sensor and Warning Device Systems (30 CFR 75.1103-8)

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Records)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Toal Burden Cost

Conducting Weekly Functional Tests (Supervisor)

148

208

30,784

0.25

7,696.00

$80.89

$622,537.14

Certifying Weekly Tests (Supervisor)

148

208

30,784

0.05

1,539.20

$80.89

$124,507.43

Recording Monthly Sensor Calibrations (Supervisor)

148

564

83,472

0.02

1,391

$80.89

$112,535.56

Subtotal (Rounded)

148


114,256


9,265


$859,580


  1. Testing Fire Hydrants and Fire Hoses


Under 30 CFR 75.1103-11, each fire hydrant must be tested by opening to ensure that it is in operating condition, and each fire hose must be tested, at intervals not exceeding 1 year. A record of these tests must be maintained at an appropriate location.


MSHA assumes that there are 148 active underground coal mines that have an average of 30 fire hydrants per mine and each fire hydrant and fire hose will be tested yearly, totaling 8,880 tests (= 148 mines X 30 fire hydrants X 2 tests). MSHA estimates that it would take a certified or qualified person, earning $53.64 per hour, approximately 30 minutes to conduct the 2 tests and make a record of the results.


Table 12-5. Estimated Annual Respondent Hour and Cost Burden, Testing Fire Hydrants and Fire Hoses (30 CFR 75.1103-11)

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Tests)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Toal Burden Cost

Testing Fire Hydrants and Fire Hose (Certified Person)

148

60

8,880

0.50

4,440.00

$53.64

$238,167.72

Subtotal (Rounded)

148


8,880


4,440


$238,168




  1. Certifying Mine Emergency Response Training


Under 30 CFR 75.1501(a) for each shift that miners work underground, there must be in attendance a responsible person designated by the mine operator to take charge during mine emergencies involving a fire, explosion, or gas or water inundation. Under 30 CFR 75.1501(a)(2), the responsible person must be trained annually in a course of instruction in mine emergency response, as prescribed by MSHA. Further, under 75.1051(a)(3), the operator must certify by signature and date after each responsible person has completed the training and keep the certification at the mine for 1 year.


MSHA believes that there will be two responsible persons for each mine shift because there would be times when the primary responsible person could not be at the mine site. MSHA assumes that an average underground coal mine operates 2 shifts per day, and the operator must certify by signature for both responsible persons that they have completed the training and keep the certification at the mine for one year, totaling 4 certifications per mine. MSHA estimates that it would take a mine supervisor, earning $80.89 per hour, approximately 2 minutes to certify and file each training certification.


Table 12-6. Estimated Annual Respondent Hour and Cost Burden, Certifying Mine Emergency Response Training (30 CFR 75.1501)

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Trainings)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Toal Burden Cost

Certify Training (Supervisor)

148

4

592

0.03

19.73

$80.89

$1,596.25

Subtotal (Rounded)

148


592


20


$1,596


  1. Submitting Mine Emergency Evacuation and Firefighting Program of Instruction for MSHA Approval (30 CFR 75.1502)


Under 30 CFR 75.1502, each operator of an underground coal mine must adopt and follow a mine emergency evacuation and firefighting program that instructs all miners in the proper procedures they must follow if a mine emergency occurs.


Under 30 CFR 75.1502(a) the operator must submit this program of instruction, and any revisions, for approval to the District Manager in which the mine is located. Within 30 days of approval, the operator must conduct training in accordance with the revised program.


Additionally, under 30 CFR 75.1502(b), before implementing any new or revised approved provision in the program of instruction, the operator must instruct miners in the change.


Approved mine emergency evacuation and firefighting programs of instruction (PI) should not require regular updates and approvals since these programs should generally be applicable for extended periods. New mines will require the development of mine emergency evacuation and firefighting PI and the submission of these PI to the District Manager for approval. Considering an estimated average underground coal mine life of 4 – 5 years, MSHA believes that 10 percent of the 148 total currently active underground coal mines (roughly 15 mines) will develop and submit a mine emergency evacuation and firefighting PI to the District Manager for approval annually. This figure includes a limited number of revisions to existing PI.


MSHA estimates that it takes a mine supervisor, earning $80.89 per hour, approximately 3 hours to prepare a PI. MSHA also estimates that it takes a clerk, earning $35.16 per hour, approximately 1 hour to copy and prepare the PI for mailing to the District Manager.


Table 12-7. Estimated Annual Respondent Hour and Cost Burden, Submitting Mine Emergency Evacuation and Firefighting Program of Instruction (30 CFR 75.1502)

Activity (Occupation)

Number of Respondents (Mines)

Number of Responses per Respondent

Total Responses (Programs)

Average Burden (Hours)

Total Burden (Hours)

Hourly Wage Rate

Toal Burden Cost

Preparing PI (Supervisor)

148

0.10

15

3.00

45.00

$80.89

$3,640.10

Copying and Preparing PI for Submission (Clerk)

148

0.10

15

1.00

15.00

$35.16

$536.33

Subtotal (Rounded)

148


15


60


$4,167


All fire suppression devices must be visually inspected at least once each week under 30 CFR 75.1107-16(a), and each fire suppression device must be tested and maintained under 30 CFR 75.1107-16(b). Weekly examinations and pre-shift examinations are noted in a mine’s logbook, following the standards outlined in 30 CFR 75.363 and 364. There is no separate fire suppression examinations and no information collection burden.


Hour Burden Summary


MSHA estimates that the 148 respondents (active underground coal mines) would incur, on average, an annual collection burden of 15,878 hours with an associated annual cost of $1,145,173. The annual respondent hour and cost burden is summarized in the summary table below.



Table 12-8. 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. Examining Chemical Extinguishers and Recording

148

118.38

17,520

0.03

584.00

$48.65

$28,410.62

II. Updating Maps or Schematic with Locations of Sensors in Automatic Fire Warning Devices

148

12

1,776

0.08

148.00

$89.53

$13,250.96

III. Functional Testing the Warning Signals and Sensor Calibration in Automatic Fire Sensor and Warning Device Systems

148

-

114,256

0

10,626.40

0

$859,580.12

IV. Testing Fire Hydrants and Fire Hoses

148

60

8,880

0.50

4,440.00

$53.64

$238,167.72

V. Certifying Mine Emergency Responses Training

148

4

592

0.03

19.73

$80.89

$1,596.25

VI. Submitting Mine Emergency Evacuation and Firefighting Program of Instruction

148

-

15

0

60.00

0

$4,167.42

Total (Rounded)

148

 

143,039

 

15,878

 

$1,145,173

Note: The total number of respondents is not a sum of respondents from each cost category. It corresponds to the number of active underground coal mines. Total number of responses does not include duplications because two individuals work on the same record it is considered to be one response.


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. Submitting Mine Emergency Evacuation and Firefighting Program of Instruction for MSHA Approval (30 CFR 75.1502)


MSHA assumes that approximately 15 mines will develop or revise and submit a mine emergency evacuation and firefighting PI to the District Manager for approval annually. The average mine emergency evacuation and firefighting PI is estimated to be approximately eight pages in length. Copying costs are estimated at $0.15 per page, and postage and handling is estimated at $3.00 per PI.


Table 13-1. Estimated Annual Respondent or Recordkeeper Cost Burden, Submitting Mine Emergency Evacuation and Firefighting Program of Instruction (30 CFR 75.1502)

Cost Components

Number of Responses

Unit Cost

Number of Units

Cost to Recordkeepers

Copying PIs

15

$0.15

8

$18.00

Mailing PIs

15

$3.00

1

$45.00

Total (Rounded)

15



$63



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.


There are no Federal costs associated with this information collection request.


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


Number of Respondents: The estimated number of respondents decreased from 156 to 148 due to the decline in the number of active underground coal mines.


Number of Responses: The estimated number of responses decreased from 145,516 to 143,039 due to the decline in the number of respondents.


Annual Time Burden: The estimated annual time burden decreased from 16,254 hours to 15,878 hours due to the decrease in the number of respondents.


Annual Burden Costs: The estimated annual burden costs increased from $977,878 to $1,145,173 due to an increase in wage rates.


Annual Other Burden Costs: The estimated annual other burden costs decreased from $67 to $63 due to the decline in the number of respondents.


Federal Hours: The estimated annual federal hours remained at 0.


Federal Costs: The estimated annual federal costs remained at 0.


Table 15-1. Summary of Changes


Previous ICR

Currently Approved ICR

Difference

Number of Respondents

156

148

-8

Number of Responses

145,516

143,039

-2,477

Annual Time Burden

16,254

15,878

-376

Annual Burden Costs

$977,878

$1,145,173

$167,295

Annual Other Burden Costs

$67

$63

-$4





Federal Hours

0

0

0

Federal Costs

$0

$0

$0


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 the beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.


The information gathered from this collection will not be published.


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 has no forms associated with this collection of information on which to display an expiration date.


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.

20


File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleSupporting Statement for
AuthorBouchet, Nicole - MSHA
File Modified0000-00-00
File Created2025-09-18

© 2025 OMB.report | Privacy Policy