1219-0141 Rocis

OMB No. 1219-0141

SUPPORTING STATEMENT

Final Standard: Emergency Mine Evacuation

30 CFR § 48.3 - Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors.

30 CFR § 50.10 - Immediate notification.

30 CFR § 50.11 - Investigation and report.

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

30 CFR § 75.1504 - Mine emergency evacuation training and drills.

30 CFR § 75.1505 - Escapeway maps.

30 CFR § 75.1714-3 - Self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.

30 CFR § 75.1714-5 - Map locations of self-contained self-rescuers (SCSRs).

30 CFR § 75.1714-8 - Reporting SCSR inventory and malfunctions; retention of SCSRs.

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.

The Mine Safety and Health Administration (MSHA) is issuing a final rule based on the Emergency Temporary Standard (ETS) published on March 9, 2006. Recent mine accidents and fatalities demonstrate the need for MSHA to promulgate these additional requirements. The final rule, like the ETS, includes requirements for immediate accident notification applicable to all mines. In addition, it contains requirements for new and expanded training, including evacuation drills; self-contained self-rescuer (SCSR) storage, training, and use; and the installation and maintenance of lifelines in underground coal mines.

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act) authorizes MSHA to collect information necessary to carryout its duty in protecting the safety and health of miners, as follows:

(h) In addition to such records as are specifically required by this Act, every operator of a coal or other mine shall establish and maintain such records, make such reports, and provide such information, as the Secretary or the Secretary of Health, Education, and Welfare may reasonably require from time to time to enable him to perform his functions under this Act. * * *

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.

§ 48.3(p). The final rule requires underground coal operators to modify their training plans under 30 CFR part 48 whenever they modify their program of instruction under 30 CFR 75.1502. This will ensure that newly hired miners receive the same level of training as is required for other miners under the final rule. Operators use part 48 training plans to train each miner about the safety and health aspects of the mining environment and the tasks associated with the miner’s job. MSHA uses the plans to ensure that all miners are receiving training necessary to perform their jobs in a safe manner.

§ 75.1502(a). The final rule, like the existing standard, requires underground coal operators to submit a Mine Emergency Evacuation and Firefighting Program of Instruction to the District Manager for approval. Upon approval by the MSHA District Manager, the operator uses the approved program of instruction to implement programs for training miners in responding appropriately to mine emergencies. MSHA uses the plans to ensure that the operator’s program will provide the required training and drills to all miners.

§ 75.1504(d). The final rule requires the operator to certify the training and drill for each miner at the completion of each quarterly drill, annual expectations training, or other training, and that a copy be provided to the miner upon request. The final rule includes a new provision, § 75.1504(a)(2), that requires foremen to travel both escapeways prior to assuming their duties. This provision may require additional certifications. These certifications are used by MSHA, operators, and miners as evidence that the required training has been completed.

§§ 50.10 and 50.11. The final rule modifies the definition of reportable accidents. This will result in more accidents being reported. The final rule retains the requirement in § 50.10 that operators notify MSHA immediately of all reportable accidents and in § 50.11 that operators investigate reported accidents. Timely reporting can be crucial in emergency, life-threatening situations to activate effective emergency response and rescue. While many reported accidents do not involve an injury or are non-emergencies, they may necessitate critical, pro-active corrective actions and the need for emergency response assistance. Prompt notification focuses MSHA, operators, and miners on problem areas; enables MSHA to secure an accident site, preserving vital evidence; and provides data to determine trends and means of prevention.

§ 75.1714-3(e). Final rule § 75.1714-4 requires underground coal operators to provide additional SCSRs, which will add to the information collection burden under § 75.1714-3. MSHA District Managers use the existing records concerning the storage and maintenance of SCSRs to determine that operators are providing an adequate number of SCSRs for their miners and storing the additional SCSRs in appropriate locations in the mine. MSHA inspectors use these records to determine compliance with the standards. Operators use these records to determine that SCSRs have been examined in the required time frame and to document the corrective action that was taken as a result of the exams.

§§ 75.1200, 75.1505 [formerly 75.383(a)], and 75.1714-5. The final rule includes a requirement that SCSR storage locations be indicated on the mine map and the escapeway map. Accurate and up-to-date mine maps are essential to the engineering plans and safe operation of mines and to the health and safety of the miners. MSHA and other emergency evacuation personnel will use the notations on the maps should a rescue or recovery operation be necessary. Miners use the escapeway maps in training and during a mine evacuation.

§ 75.1714-8. The final rule includes new requirements for compiling, maintaining, and reporting an inventory of all SCSRs at the mine, and for reporting defects, performance problems, or malfunctions with SCSRs. This will assure that MSHA can investigate SCSR problems, if necessary, and make other users aware of these problems before accidents occur.

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 final rule does not specify how records must be kept, and operators may retain them using whatever method they choose. Records could be kept in the traditional manner or stored electronically, provided they are secure and not susceptible to loss or alteration. No improved information technology has been identified that would reduce the burden.

For Part 48 training plans, MSHA has an electronic system (MSHA Training Plan Advisor) for operators to prepare and submit training plans through the internet. This is an optional method for the mining industry to prepare and file required training plans. The design of this system increases the likelihood that the plan will be complete, with the potential to decrease the paperwork burden. It is accessed through MSHA's homepage at http://www.msha.gov.

MSHA anticipates that it will develop a template or examples for preparing a program of instruction under § 75.1502(a) and make it available to operators. The Agency also will allow the operator to submit the program of instruction 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.

The information collection concerning training plans and programs of instruction, notification of accidents, certifications of training and drills, inspection of SCSRs, revisions to mine and escapeway maps, and reporting SCSR inventory and SCSR problems required by this final rule are not duplicative of any existing MSHA requirements.

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.

MSHA has made available on our homepage, at http://www.msha.gov, various sources of information, such as “Technical Assistance,” “Best Practices,” "Training Plan Advisor," and “Accident Prevention.” To assist with compliance, these sites provide tips and general information on a number of various topics. In addition, to minimize the administrative burden of the final rule, MSHA will provide a training plan addendum for the SCSR donning and transferring procedures, templates for various mine emergency scenarios, and a template checklist for tracking miners’ completion of components of mine emergency evacuation training and drills.

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.

Delay or failure to notify MSHA immediately of a reportable accident can be crucial in situations that do not involve an injury or are non-emergencies, as well as in life-threatening emergency situations. Many reported accidents may necessitate critical, pro-active corrective actions rather than the need for emergency response assistance. Prompt notification focuses MSHA, operators, and miners on unsafe actions or conditions; enables MSHA to secure an accident site and preserve vital evidence; and provides data to determine accident trends and means of prevention.

Although MSHA has a pervasive inspection presence at mine sites, submission of training plans and programs of instruction and certification that training was done provides MSHA, operators, and miners with confidence that training is appropriate and was conducted as necessary, particularly when MSHA is not able to be at the mine. Without adequate training, miners may sustain serious or even fatal injuries because they lack the knowledge to properly and safely perform various tasks and activities or evacuate a mine.

All SCSR storage locations need to be included on the escapeway map and the mine map. The operator is in the best position to update the maps because the information is unavailable from any other source. Inaccurate or outdated information on these maps would endanger miner safety when they need the information most, during an emergency. This information provides a means for inspectors to assure compliance with MSHA standards, including those in this final rule.

If inspections and monitoring of SCSRs did not occur, this could allow unsafe conditions to go undetected and the SCSRs might not be usable when needed. This would endanger miners’ safety.

If operators were not required to submit an SCSR inventory or to notify MSHA when they encounter an SCSR defect, performance problem, or malfunction, MSHA would not have the information needed to notify other mines that may also use the affected SCSRs. This could endanger miners because operators could continue to rely on deficient SCSRs.

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.

Except for accident notification, no provisions require more than quarterly reporting. In the event of a mine emergency, the operator may have to provide MSHA with more frequent information. This collection of information is otherwise consistent with the guidelines in 5 CFR 1320.5.

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years – even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

MSHA published the information collection requirements in the ETS on March 9, 2006 (71 FR 12252). This document notified the public that these information collection requirements were being reviewed in accordance with the Paperwork Reduction Act of 1995, and gave interested persons 60 days to submit comments.

Reporting Unplanned Mine Fires

MSHA solicited comments in the ETS on § 50.2(h)(6) that defines an “accident” to be “an unplanned mine fire not extinguished within 30 minutes of discovery.” MSHA was concerned that fires extinguished within 30 minutes, such as fires occurring in the same place, can signal a serious or potentially serious hazard. MSHA specifically asked whether the definition should be revised to cover all unplanned underground mine fires, or fires of particular types, duration, or locales.

Some commenters supported retaining the definition. They said that the 30-minute cut-off is adequate and clear, and there is no compelling reason to change it. They said that fires extinguished in a shorter period of time include many fires that do not present any significant hazard. They said that reporting all fires would be burdensome and involve an unnecessary use of resources. A log was suggested to alleviate the reporting burden.

Other commenters, by contrast, said that the definition should be broadened to include all unplanned underground mine fires. These commenters pointed out that fires can be devastating to a mine and the miners. They said that it should not be left up to operators to decide how long it takes to extinguish a fire. They said that fires are seriously under-reported. They also said that, if fires remain unreported, then the operator is less likely to eliminate the source of the problem.

After reviewing all comments on this issue, § 50.2(h)(6) of the final rule broadens the definition of accident to require underground mines to report unplanned mine fires not extinguished within 10 minutes of discovery; however, it keeps the current requirement for surface mines to report unplanned mine fires not extinguished within 30 minutes of discovery. Underground mine fires occur with some frequency. MSHA experience indicates that fires underground that burn for at least 30 minutes can present a grave danger to miners and to the mine. The final rule covers fires that can jeopardize safety, giving miners time to notify the operator that a fire has been discovered, while excluding minor, nuisance fires.

Reporting SCSR Defects, Performance Problems, and Malfunctions

MSHA solicited comments in the ETS on whether the Agency should require operators to promptly report to MSHA, in writing, all incidents where any SCSR is used for an accident or emergency and all instances where such SCSRs did not function properly.

Some comments supported including in the final rule a requirement to report any SCSR used during an emergency and where any SCSR did not function properly. One commenter stated that reporting to MSHA the activation of any unit for any reason is not a hardship on the operator and would lead to the development of essential information about SCSR reliability and the effectiveness of miners’ training on SCSR use. The commenter further stated that the activation of an SCSR for any reason, regardless of whether it functioned properly or not, should be promptly reported to MSHA. Another commenter believed it would not be appropriate to require reporting the use of SCSRs during an emergency; but, it would be appropriate to report units that were alleged not to function properly. The commenter further stated that this reporting should be in a form similar to the 7000-1 form and should be required within a 10-day period.

A few commenters stated that MSHA would need to demonstrate that reporting SCSR malfunctions and use would be beneficial to miners and that the requirement would not be used solely as a basis for enforcement. Other commenters stated that MSHA should permit operators to participate in any SCSR testing and share test results. Another commenter saw no value in notifying MSHA routinely when SCSR units are damaged or malfunction, unless there is a pattern of damage indicative of a product defect.

One commenter testified about one incident where a operator experienced an event at a mine that resulted in a failed SCSR. Due to the significance of the failure and the potential to affect not only the safety of miners, but any miner in the country carrying this particular type unit, the operator contacted both the manufacturer and MSHA. The operator began an immediate investigation into the cause of the failure. The investigation determined that there was a breakdown in a vital part of this particular SCSR unit. The information gained through this cooperative effort resulted in a recall and corrective actions. Once notified, the manufacturer made a diligent effort to assure that the problem was corrected. Because of this incident, the commenter supported MSHA’s tracking of SCSR failures and suggested that operators maintain records on all units in service at the mine. In addition, the commenter suggested that operators immediately notify MSHA of SCSR usage in an emergency where the unit failed or did not function properly; that the notification include a detailed description of the problem and the manufacturer, date of manufacture, model number, and serial number of the SCSR involved; and that MSHA develop methodology for sharing this information with all miners in a timely manner.

After reviewing all comments on this issue, new § 1714-8 of the final rule requires operators to report to MSHA any defect, performance problem, or malfunction with the use of an SCSR. This would exclude SCSRs that fail the standard 90-day exam.

Reporting SCSR Inventory

MSHA solicited comments in the ETS on the appropriateness of requiring operators to report the total number of SCSRs in use at each underground coal mine, semi-annually, to the MSHA District Manager. In addition, along with the total number of SCSRs, MSHA stated that it could require the following information to be reported for each SCSR at each mine: 1) manufacturer, 2) model, 3) date of manufacture, and 4) serial number.

With respect to the question of whether operators should maintain an SCSR inventory, some commenters stated that an inventory would be a prudent business practice, especially with the large investment in additional SCSRs resulting from the new regulations. One commenter suggested that it would not be overcomplicated for a operator to transfer information from the mine office or the corporate office to the MSHA district office responsible for that mine. The commenter was convinced that, in order to have an effective evacuation plan, all SCSRs must be closely tracked. The commenter stated that operators should report, at least semi-annually, all relevant information regarding the SCSRs at each operation or in the possession of the operator at any operation or facility. This should include stored units not placed into service. A few other commenters also supported semi-annual reporting.

Other commenters stated that, because of current coal mining practice of selling SCSRs to other operations, and intermittent receipt of purchased SCSRs, it would be appropriate to track where SCSRs are located and their condition. One commenter supported collecting information on the SCSRs, and making it available to MSHA and representatives of miners, but did not agree with the mandatory reporting of this information because, during each 90-day exam, some SCSRs need to be replaced due to damage, not to failure. Also, because of this continuous swap-out, reporting criteria would require a constant flow of changing numbers. This commenter thought that requiring an operator to maintain records and make the information available should suffice for the intent of the regulation.

Another commenter suggested that a requirement for SCSR inventory would facilitate research-oriented data gathering and enhance potential recall efforts. Commenters stated that MSHA needs to encourage the manufacturers of SCSRs to incorporate a tracking mechanism into SCSRs, such as a barcode, to facilitate and simplify the collection of data. One commenter further stated that the technology is available; the encouragement would be appreciated; and it is the direction that some companies are attempting to go with the storage of their units. Other commenters believed that gathering and maintaining data on SCSRs would be burdensome in light of the number of SCSRs that have to be purchased and maintained by operators. Currently, SCSRs may have multiple serial numbers on various parts of the apparatus. These commenters do not believe such reporting is necessary for product recalls.

After reviewing all comments on this issue, new § 75.1714-8 of the final rule requires operators to report, in writing, a complete inventory of all SCSRs at each mine. MSHA determined that an SCSR inventory is necessary to assure the effectiveness of evacuation plans and emergency evacuations. In addition, such an inventory will assist in targeting recalls to specific mines.

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

MSHA has provided no payments or gifts to the respondents identified in this collection.

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 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.

SUMMARY OF PAPERWORK BURDEN HOURS AND RELATED COSTS

There were 634 underground coal mines and 239 underground metal and nonmetal mines in the United States in 2004.

MSHA estimates that operators will incur 23,920 burden hours and $1,465,480 of related yearly costs in the first year that the final rule is in effect. In the second year that the rule is in effect, and for every year thereafter, the Agency estimates that operators will incur 20,092 burden hours and $1,149,252 of related costs.¹ Table VII-1 shows, by mine size, a summary of the burden hours and costs discussed above. The tables below are based on the cost estimates described in Chapter IV of the Regulatory Economic Analysis (REA) that accompanies the final rule and are numbered to correspond to those tables shown in Chapter VII of the REA.

 

Section VII-A: Training Provisions

Section 48.3(p) of the final rule requires each underground coal mine to submit a revised training plan to address SCSR donning and transfer procedures requiring insertion of the mouthpiece. MSHA estimates that to revise the training plan will take a safety director approximately 0.5 hours (30 minutes) at mines with 1‑19 employees and 0.75 hours (45 minutes) at mines with 20 or more employees. A clerical employee is estimated to take 0.05 hours (3 minutes) at mines with 1-19 employees and 0.1 hours (6 minutes) at mines with 20 or more employees to copy and send the revised material. Table VII‑A1 shows, by mine size, first-year burden hours and cost to revise the 30 CFR part 48 training plan.

 

Section 75.1502 requires each underground coal operator to revise the Mine Emergency Evacuation and Firefighting Program of Instruction to reflect the new requirements and to send it to the District Manager of the Coal Mine Safety and Health district in which the mine is located. MSHA estimates that to revise this program will take a safety director approximately 1.5 hours at mines with 1-19 employees; 2.5 hours at mines with 20-500 employees; and 3.5 hours at mines with 501+ employees. MSHA also estimates that it takes 0.1 hours (6 minutes) for a clerical employee to photocopy and send a program of instruction to the appropriate MSHA District Manager. Table VII‑A2 shows, by mine size, first-year burden hours and cost to revise the § 75.1502 program of instruction.

 

The final rule combines and revises § 75.1502(c) of the ETS and former § 75.383(b) into § 75.1504 Mine Emergency Evacuation Training and Drills. Paragraph (a)(2) of this section is new. It requires a new foreman, or a current foreman who receives a new work location, to travel both the primary and alternate escapeways prior to assuming duties on a new section or outby work location. Paragraph (d)(1) requires the operator to certify when a portion of the mine emergency evacuation training or drill was completed. MSHA estimates that a safety director takes approximately 0.0025 hours (9 seconds) to certify, by signature and date, that the foreman completed this requirement. MSHA also estimates that such certification will occur 8 times per year for current outby foremen traveling escapeways, and 1 time per year for new foremen and current section foremen traveling escapeways. Table VII-A3 shows, by mine size, the annual burden hours and costs for certifying each time foremen travel the escapeways prior to assuming new duties.

 

New § 75.1504(d)(4) requires operators to provide a copy of the miner’s training certification to the miner upon request. MSHA estimates that a clerical employee, earning $20.96 per hour, takes 0.025 hours (1.5 minutes) to provide the information for each request.

 

Section VII-B: Reporting Accidents to MSHA

Under § 50.10, coal and metal and nonmetal (M/NM) operators are required to report to MSHA immediately and without delay certain types of accidents, such as unplanned fires. The definition of accident concerning an unplanned mine fire has been changed under § 50.2(h)(6) such that underground coal and M/NM operators must now report any unplanned fire not extinguished within 10 minutes. MSHA expects, therefore, that this change will result in an increase in the number of unplanned fires reported. Also, under § 50.11(b), the operator must conduct an investigation of each accident required to be reported under § 50.10 and, for those mines with 20 or more employees, the operator must submit a written report of the investigation. Mines with 1-19 employees are allowed to report an accident on Form 7000-1 and do not have to write a separate report.

MSHA estimates that it takes 0.1 hours (6 minutes) to notify MSHA (by telephone) of a fire, 1 hour to investigate the fire, and another 1 hour to prepare the report. MSHA expects that a supervisory person, earning $57.82 per hour in coal mines and $52.31 per hour in M/NM mines, will notify MSHA, conduct the investigation, and prepare the report. Thus, to notify MSHA and conduct an investigation, MSHA estimates that it will take an operator 1.1 hours for mines with 1-19 employees and 2.1 hours for mines with 20 or more employees. MSHA estimates that underground coal mines will report an additional 20.9 fires annually and that underground M/NM mines will report an additional 25.3 fires annually. Table VII-B1 shows, by mine size, the annual burden hours and costs for underground coal and M/NM mines to report additional unplanned fires to MSHA.

 

Section VII-C: Lifelines

There are no information collections burdens associated with providing flame resistant lifelines in escapeways of underground coal mines.

Section VII-D: SCSR Inspection; Map Notation of SCSR Storage Locations; Reporting SCSR Inventory and Use Problems

Under existing § 75.1714-3(d) operators need to inspect SCSRs approximately every 90 days (or 4 times annually). MSHA estimates that it takes a supervisor, earning $57.82 per hour, 0.025 hours (1.5 minutes) per SCSR to conduct this inspection. Table VII-D1 shows, by mine size, the annual burden hours and costs for operators to inspect the additional SCSRs required by the final rule.

 

In addition, under existing § 75.1714-3(e), the supervisor must certify, by signature and date, that the inspection has been performed. MSHA estimates that it takes a supervisor, earning $57.82 per hour, 0.0025 hours (9 seconds) per SCSR to certify the inspection. This inspection occurs 4 times per year; thus, certification will take 0.01 hours annually per SCSR. Table VII-D1 shows, by mine size, the annual burden hours and costs for operators to certify that they conducted the additional SCSR inspections required by the final rule.

 

Also, under existing § 75.1714-3(e), a record has to be made of any inspection that involved corrective action. MSHA estimates that it takes a supervisor, earning $57.82 per hour, 0.05 hours (3 minutes) to make a corrective action record and that only 0.5 percent of the additional SCSRs inspected would require a record noting the corrective action taken. Table VII‑D3 shows, by mine size, the annual burden hours and costs to make additional corrective action records.

 

Final § 75.1714-5 requires that the escapeway map under § 75.1505 be revised to indicate storage locations of SCSRs. MSHA estimates that 415 underground coal mines will have SCSR storage locations in escapeways and will have to revise the mine’s escapeway map. The revised escapeway map has to be posted in each working section and in each area where mechanized mining equipment is being installed or removed, and at a surface location of the mine where miners congregate, such as the mine bulletin board. On average, MSHA assumes the map will be posted at two locations in the mine for mines with less than 100 employees, and three locations in the mine for mines with 100 or more employees. MSHA estimates that it takes 0.25 hours (15 minutes) to revise the map and another 0.25 hours (15 minutes) for copying and posting. Thus, it is estimated to take 0.5 hours (30 minutes) for revising, copying and posting. The revisions will be done by a supervisor. Copying and posting will be done by a clerical employee. The $39.39 hourly wage is derived as follows: $39.39 = ((0.25 hrs. / 0.5 hrs.) x $57.82 supervisor wage rate per hr.) + ((0.25 hrs. / 0.5 hrs.) x $20.96 clerical wage per hr.). Table VII‑D4 shows, by mine size, the first-year burden hours and costs, and annualized costs associated with revising the § 75.1505 escapeway map.

 

Final § 75.1714-5 requires that the mine map under existing § 75.1200 be revised to indicate the stored locations of SCSRs. MSHA estimates that 415 underground coal mines will have SCSR storage locations in escapeways and will have to revise the mine map. The mine map required by § 75.1200 does not have to be posted, but needs to be sent to MSHA. MSHA estimates that it takes 0.25 hours (15 minutes) to revise this map. A supervisor will make the revision. A clerical employee is estimated to take 0.1 hours (6 minutes) to copy and send the map. The $47.29 hourly wage is derived as follows: $47.29 = ((0.25 hrs. / 0.35 hrs.) x $57.82 supervisor wage rate per hr.) + ((0.1 hrs. / 0.35 hrs.) x $20.96 clerical wage per hr.). Table VII-D5 shows, by mine size, the first-year burden hours and costs associated with revising mine maps required by § 75.1200.

 

Under § 75.1714-8(a), operators must provide MSHA an inventory of all SCSRs at each mine. For each mine, the inventory must include mine name, MSHA mine ID number, and mine location. For each SCSR in each mine, the report must include: manufacturer, model type, date of manufacture, and serial number. The inventory must be sent to MSHA.

MSHA estimates that it will take a supervisor, earning $57.82 per hour, 2 hours in mines with 1‑19 employees; 4 hours in mines with 20-49 employees; 10 hours in mines with 50-99 employees; and 18 hours in mines with 100 or more employees, to conduct the SCSR inventory and prepare the report. MSHA estimates that it will take a clerical employee, earning $20.96 per hour, 0.2 hours (12 minutes) to copy and send the report. Table VII-D6 shows, by mine size, first-year burden and costs to prepare and send to MSHA an SCSR inventory report.

 

Final rule § 75.1714-8(a)(2) requires changes in the inventory during the reporting year to be reported to MSHA within the quarter that a change occurs. Annually, MSHA estimates that all mines will revise their SCSR inventory report in 3 of 4 annual quarters. MSHA estimates that a supervisor earning $57.82 per hour, will take 0.25 hours (15 minutes) in mines with 1-19 employees and 20-49 employees; and 0.5 hours (30 minutes) in mines with 50 or more employees to revise the report. MSHA estimates that a clerical employee, earning $20.96 per hour, will take 0.1 hours (6 minutes) to copy and send the report. Table VII-D7 shows, by mine size, annual burden hours and costs to prepare and send to MSHA a revised SCSR inventory report.

 

Final § 75.1714-8(b) requires that the operator report to MSHA any defect, performance problem, or malfunction with using an SCSR. MSHA estimates that, for all mine sizes, on average, a mine will make such a report to MSHA once per year. MSHA estimates that a supervisor, earning $57.82 per hour, will take 0.25 hours (15 minutes) to prepare the report. MSHA estimates that a clerical employee, earning $20.96 per hour, will take 0.1 hours (6 minutes) to copy and send the report. The $47.29 hourly wage rate is derived as follows: $47.29 = ((0.25 hrs. / 0.35 hrs.) x $57.82 supervisor wage rate per hr.) + ((0.1 hrs. / 0.35 hrs.) x $20.96 clerical wage per hr.). Table VII‑D8 shows, by mine size, annual costs to report defects, performance problems, or malfunctions of SCSRs.

 

MSHA estimates that the burden hours and costs for new mines will be 20 percent of the first-year costs for mines that have 1-19 employees and 9 percent of the first-year costs for mines that have 20-500 employees. MSHA estimates no new mine costs for mines that employ 501+ employees. New mine costs to provide to MSHA an inventory of all SCSRs at the mine are estimated to begin in the second year and continue every year thereafter. Table VII-D shows, by mine size, the annual burden hours and costs for new mines.

 

Summary Tables for All Sections

 

 

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 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.

The following costs relate to Table VII-A1 in the answer to question 12 above.

 

The following costs relate to Table VII-A2 in the answer to questions 12 above.

 

The following costs relate to Table VII-A4 in the answer to question 12 above.

 

The following costs relate to Table VII-D4 in the answer to question 12 above.

 

The following costs relate to Table VII-D5 in the answer to question 12 above.

 

The following costs relate to Table VII-D6 in the answer to question 12 above.

 

The following costs relate to Table VII-D7 in the answer to question 12 above.

 

The following costs relate to Table VII-D9 in the answer to question 12 above.

 

Total Burden First Year Costs $9,751

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.

Operators will have to revise training plans, create programs of instruction, revise their escapeway map and mine map, report SCSR use, and prepare and report an SCSR inventory. MSHA can review revisions with existing personnel resulting in no Federal costs associated with this collection of information package.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

The information collection burden for operators changed from that reported in the ETS to what is included in the final rule to reflect changes in requirements in response to comments and to assure consistency with the MINER Act.

New information collection requirements in the final rule include: increased reporting of underground mine fires under part 50; certification of foremen traveling escapeways and provision of training records to miners under § 75.1504; and preparation and submission of an SCSR inventory and reporting SCSR defects, performance problems, and malfunctions under § 75.1714-8.

ETS § 75.1714-4(c) required that some operators create an outby storage plan showing the location, quantity, and type of additional SCSRs that are stored in escapeways. The outby storage plan requirement is not included in the final rule. Burdens associated with this requirement are eliminated in the final rule.

Some information collection provisions contained in the ETS have been revised in the final rule. These include: revisions to training plans under § 48.3; revisions to the Mine Emergency Evacuation and Firefighting Program of Instruction under § 75.1502; and changes in mine and escapeway map requirements under §§ 75.1200 and 75.1505.

The additional SCSRs required by § 75.1714-4 also result in increased burden hours for certification of SCSR inspections and records of corrective action taken as a result of inspections under § 75.1714-3.

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. MSHA, however, will post information about SCSRs on its homepage to assure that operators and miners are informed about SCSR defects, performance problems, and malfunctions.

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.

There are no additional forms associated with this information collection; therefore, MSHA is not seeking approval to not display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission," of OMB 83-I.

There are no certification exceptions identified with this information collection.

B. Collection of Information Employing 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.

The collection of this information does not employ statistical methods.

Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164*

An Act

TITLE I--GENERAL

MANDATORY SAFETY AND HEALTH STANDARDS

SEC. 101.

(b) 1) The Secretary shall provide, without regard to the requirements of chapter 5, title 5, United States Code, for an emergency temporary mandatory health or safety standard to take immediate effect upon publication in the Federal Register if [s]he determines (A) that miners are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful, or to other hazards, and (B) that such emergency standard is necessary to protect miners from such danger.
     2) A temporary mandatory health or safety standard shall be effective until superseded by a mandatory standard promulgated in accordance with the procedures prescribed in paragraph 3) of this subsection.
     3) Upon publication of such standard in the Federal Register, the Secretary shall commence a proceeding in accordance with section 101(a), and the standards as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a mandatory health or safety standard under this paragraph no later than nine months after publication of the emergency temporary standard as provided in paragraph (2).

REGULATIONS

PART 48—TRAINING AND RETRAINING OF MINERS

§ 48.3 Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors.

(a) Except as provided in paragraphs (o) and (p) of this section, each operator of an underground mine shall have an MSHA approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:

* * * * *

(p) Each underground coal operator, who is required to submit a revised program of instruction for § 75.1502(a) under the Emergency Temporary Standard effective [Insert date of publication in the FEDERAL REGISTER], shall also submit a revised training plan under this part 48. This revised plan shall be submitted to the appropriate District Manager for approval no later than [Insert date 30 days from date of publication in the FEDERAL REGISTER]. Within 2 weeks of plan approval the operator must train in accordance with the revised training plan.

§ 50.10 Immediate notification.

If an accident occurs, an operator shall immediately contact the MSHA District Office having jurisdiction over its mine. If an operator cannot contact the appropriate MSHA District Office, it shall immediately contact the MSHA Headquarters Office in Arlington, Virginia by telephone, at (800) 746-1553. The operator shall contact MSHA as described at once without delay and within 15 minutes. If communications are lost because of an emergency or other unexpected event, the operator shall notify MSHA at once without delay and within 15 minutes of having access to a telephone or other means of communication.

[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR50.11]

[Page 254]

TITLE 30--MINERAL RESOURCES

CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

PART 50_NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS,

INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--Table

of Contents

Subpart B_Notification, Investigation, Preservation of Evidence

Sec. 50.11 Investigation.

(a) After notification of an accident by an operator, the MSHA

District Manager will promptly decide whether to conduct an accident

investigation and will promptly inform the operator of his decision. If

MSHA decides to investigate an accident, it will initiate the

investigation within 24 hours of notification.

(b) Each operator of a mine shall investigate each accident and each

occupational injury at the mine. Each operator of a mine shall develop a

report of each investigation. No operator may use Form 7000-1 as a

report, except that an operator of a mine at which fewer than twenty

miners are employed may, with respect to that mine, use Form 7000-1 as

an investigation report respecting an occupational injury not related to

an accident. No operator may use an investigation or an investigation

report conducted or prepared by MSHA to comply with this paragraph. An

operator shall submit a copy of any investigation report to MSHA at its

request. Each report prepared by the operator shall include,

(1) The date and hour of occurrence;

(2) The date the investigation began;

(3) The names of individuals participating in the investigation;

(4) A description of the site;

(5) An explanation of the accident or injury, including a

description of any equipment involved and relevant events before and

after the occurrence, and any explanation of the cause of any injury,

the cause of any accident or cause of any other event which caused an

injury;

(6) The name, occupation, and experience of any miner involved;

(7) A sketch, where pertinent, including dimensions depicting the

occurrence;

(8) A description of steps taken to prevent a similar occurrence in

the future; and

(9) Identification of any report submitted under Sec. 50.20 of this

part.

[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR75]

[Page 585-586]

TITLE 30--MINERAL RESOURCES

CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of

Contents

Subpart P_Mine Emergencies

Sec. 75.1502 Mine emergency evacuation and firefighting program of

instruction.

(a) Approved program of instruction. Each operator of an underground

coal mine shall adopt and follow a mine emergency evacuation and

firefighting program that instructs all miners in the proper evacuation

procedures they must follow if a mine emergency occurs.

(1) The approved program shall include a specific plan designed to

instruct miners on all shifts on the following:

(i) Procedures for evacuating the mine for mine emergencies that

present an imminent danger to miners due to fire, explosion, or gas or

water inundation.

(ii) Scenarios of the various mine emergencies (fires, explosions,

or gas or water inundations) and the best options for evacuation under

each type of emergency. These options shall include conditions in the

mine that will require immediate donning of self-rescue devices.

(iii) Procedures for evacuating all miners not required for a mine

emergency response.

(iv) Procedures for the rapid assembly and transportation of

necessary miners, fire suppression equipment, and rescue apparatus to

the scene of the mine emergency.

(v) Operation of the fire suppression equipment available in the

mine.

(vi) Location and use of firefighting equipment and materials.

(vii) Location of escapeways, exits, and routes of travel to the

surface, including the location and use of continuous directional

lifelines or equivalent devices.

(viii) Locations, quantity, types, and use of stored SCSRs, if

applicable.

(2) The mine emergency evacuation instruction and drills shall be

conducted by a person who is designated by the mine operator and who has the ability, training, knowledge, or

experience to provide training to miners in his or her area of

expertise. Persons conducting donning and transferring training shall be

able to effectively train and evaluate whether miners can successfully

don the SCSR and transfer to additional SCSR devices.

(3) The operator shall submit this program of instruction, and any

revisions, for approval to the District Manager of the Coal Mine Safety

and Health district in which the mine is located. Before implementing

any new or revised approved provision, the operator shall instruct

miners in the changes.

(b) In addition to the approved program of instruction required by

paragraph (a) of this section, each operator of an underground coal mine

shall ensure that:

(1) At least two miners in each working section on each production

shift are proficient in the use of all fire suppression equipment

available on such working section, and know the location of such fire

suppression equipment;

(2) Each operator of attended equipment specified in Sec. 75.1107-

1(c)(1), and each miner assigned to perform job duties at the job site

in the direct line of sight of attended equipment as described in Sec.

75.1107-1(c)(2), is proficient in the use of fire suppression devices

installed on such attended equipment; and,

(3) The shift foreman and at least one miner for every five miners

working underground on a maintenance shift are proficient in the use of

fire suppression equipment available in the mine, and know the location

of such fire suppression equipment.

(c) Mine emergency evacuation drills. Each operator of an

underground coal mine shall require all miners to participate in mine

emergency evacuation drills.

(1) Mine emergency evacuation drills shall be held at periods of

time so as to ensure that all miners participate in such evacuations at

intervals of not more than 90 days.

(2) For purposes of this paragraph (c), a mine emergency evacuation

drill means that the miner shall travel the primary or alternate

escapeway, from the working section or the miner's work station, to the

surface or the exits at the bottom of the shaft or slope. An evacuation

drill shall not be conducted in the same escapeway as the immediately

preceding drill. At a minimum, this drill shall include:

(i) Physically locating continuous directional lifelines or

equivalent devices and stored SCSRs;

(ii) Hands-on training in the complete donning of all types of SCSRs

used at the mine, which includes assuming a donning position, opening

the device, activating the device, inserting the mouthpiece or

simulating this task while explaining proper insertion of the

mouthpiece, and putting on the nose clip; and

(iii) Hands-on training in transferring from one self-rescue device

to an SCSR.

(3) The operator shall certify by signature and date that the mine

emergency evacuation drills were held in accordance with the

requirements of this section. This certification shall include the names

of the miners participating in each drill. Certifications shall be kept

at the mine for one year and made available on request to an authorized

representative of the Secretary, and to the representative of the

miners.

(4) These mine emergency evacuation drills may be used to satisfy

the evacuation specifications of the drills required by paragraph (b) of

Sec. 75.383 of this part.

(d) Each underground coal operator shall submit for approval a

revised program of instruction to the appropriate District Manager no

later than April 10, 2006. Within 2 weeks of program approval the

operator shall train in accordance with the revised program.

[68 FR 53050, Sept. 9, 2003, as amended at 71 FR 12269, Mar. 9, 2006]

§ 75.1504 Mine emergency evacuation training and drills.

(d) Certification of training and drills. At the completion of each training or drill required in this section, the operator shall certify by signature and date that the training or drill was held in accordance with the requirements of this section.
(1) This certification shall include the names of the miners participating in the training or drill. For each miner, this certification shall list the content of the training or drill component completed, including the escapeway traveled and scenario used, as required in paragraphs (b) and (c) of this section.
(2) Certifications shall be kept at the mine for one year.
(3) Upon request, the certifications shall be made available to an authorized representative of the Secretary and the representative of the miners.
(4) Upon request, a copy of the certification that shows his or her own training shall be provided to the participating miner.

75.1505 (formerly 75.383(a))

Escapeway maps and drills.

(a) A map shall be posted or readily accessible to all miners in

each working section, and in each area where mechanized mining equipment

is being installed or removed. The map shall show the designated

escapeways from the working section to the location where miners must

travel to satisfy the escapeway drill specified in paragraph (b)(1) of

this section. A map showing the main escapeways shall be posted at a

surface location of the mine where miners congregate, such as at the

mine bulletin board, bathhouse, or waiting room. All maps shall be kept

up to date, and any changes in route of travel, locations of doors, or

directions of airflow shall be shown on the maps by the end of the shift

on which the changes are made, and affected miners shall be informed of

the changes before entering the underground areas of the mine. Miners

underground on a shift when any such change is made shall be immediately

notified of the change.

PART 75–MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR75.1714-3]

[Page 587-588]

TITLE 30--MINERAL RESOURCES

CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of

Contents

Subpart R_Miscellaneous

Sec. 75.1714-3 Self-rescue devices; inspection, testing, maintenance,

repair, and recordkeeping.

(a) Each operator shall provide for proper inspection, testing,

maintenance, and repair of self-rescue devices by a person trained to

perform such functions.

(b) After each time a self-rescue device is worn or carried by a

person, the device shall be inspected for damage and for the integrity

of its seal by a person trained to perform this function. Self-rescue

devices with broken seals or which are damaged so that the device will

not function properly shall be removed from service.

(c) All FSRs approved by MSHA and NIOSH under 42 CFR part 84, except

devices using vacuum containers as the only method of sealing, shall be

tested at intervals not exceeding 90 days by weighing each device on a

scale or balance accurate to within +1 gram. A device that weighs more

than 10 grams over its original weight shall be removed from service.

(d) All SCSRs approved by MSHA and NIOSH under 42 CFR part 84 shall

be tested in accordance with instructions approved by MSHA and NIOSH.

Any device which does not meet the specified test requirements shall be

removed from service.

(e) At the completion of each test required by paragraphs (c) and

(d) of thissection the person making the tests shall certify by signature and date that the tests were done. This person shall make a record of all

corrective action taken. Certifications and records shall be kept at the

mine and made available on request to an authorized representative of

the Secretary.

(f) Self-rescue devices removed from service shall be repaired for

return to service only by a person trained to perform such work and only

in accordance with the manufacturer's instructions.

[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR75]

[Page 596]

TITLE 30--MINERAL RESOURCES

CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of

Contents

Subpart R_Miscellaneous

Sec. 75.1714-5 Map locations of Self-Contained Self-Rescuers.

The mine operator shall include the storage location(s) of all SCSR

devices subject to storage plans as required by Sec. 75.1714-2 and

paragraph 75.1714-4(c) on the posted Sec. 75.383 mine escapeway map and

on the Sec. 75.1200 mine map.

[71 FR 12271, Mar. 9, 2006]

§ 75.1714–8 Reporting SCSR inventory and malfunctions; retention of SCSRs.
(a) SCSR inventory. A mine operator shall submit to MSHA a complete inventory of all SCSRs at each mine. New mines shall submit the inventory within 3 months of beginning operation.
(1) The inventory shall include—
(i) Mine name, MSHA mine ID number, and mine location; and
(ii) For each SCSR unit, the manufacturer, the model type, the date of manufacture, and the serial number.
(2) In the event that a change in the inventory occurs, a mine operator shall report the change to MSHA within the quarter that the change occurs (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec).
(b) Reporting SCSR problems. A mine operator shall report to MSHA any defect, performance problem, or malfunction with the use of an SCSR. The report shall include a detailed description of the problem and, for each SCSR involved, the information required by paragraph (a)(1) of this section.
(c) Retention of problem SCSRs. The mine operator shall preserve and retain each SCSR reported under paragraph (b) of this section for 60 days after reporting the problem to MSHA.

1 Burden in the first year equals first year burden plus annual burden starting in year one. Since first year burden occurs only in the first year, burden in the second year, and for every year thereafter, equals annual burden only (including some annual burden starting in year two).

37