1219-0046
SUPPORTING STATEMENT
30 C.F.R. § 57.11053, Escape and Evacuation Plans (pertains to underground metal and nonmetal mines)
A. Justification
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 813, authorizes MSHA to collect information necessary to carry out its duty in protecting the safety and health of miners.
Title 30 Code of Federal Regulations (30 C.F.R.) § 57.11053 requires the development of an escape and evacuation plan specifically addressing the unique conditions of each underground metal and nonmetal mine. Section 57.11053 also requires that revisions be made as mining progresses. The plan must be available to the inspector and conspicuously posted at locations convenient to all persons on the surface and underground. The mine operator and representatives of the Mine Safety and Health Administration (MSHA) are required to jointly review the plan at least once every six months.
The following information is required with each escape and evacuation plan submission: (1) Mine maps and diagrams showing directions of principal air flow, location of escape routes and locations of existing telephones, primary fans, primary fan controls, fire doors, ventilation doors, and refuge chambers; (2) procedures to show how the miners will be notified of an emergency; (3) an escape plan for each working area in the mine including instructions showing how each working area should be evacuated; (4) a firefighting plan; (5) surface procedures to be followed in an emergency, including the notification of proper authorities, preparing rescue equipment and other equipment which may be used in rescue and recovery operations; and (6) a statement of the availability of emergency communication and transportation facilities, emergency power and ventilation, and location of rescue personnel and equipment.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.
The information is prepared by the mine operator for use by miners, MSHA, and persons involved in rescue operations. The miner must, at all times, be aware of his/her emergency escape route for a particular working place. Rescue personnel must be aware of the escape routes used.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
No improved information technology has been identified that would reduce the burden.
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.
Escape and evacuation plans are unique to each mine. There is no similar or duplicate information that could be used.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
This information does not have a significant impact on small businesses or other small entities.
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.
Underground disasters including fires, explosions, and inundations often account for multiple fatality accidents in underground mines. The specific plan, and revisions thereof, required by the standard assures maximum safety for miners where these hazards exist. Plans must be reviewed by the mine operator and MSHA at least once every six months to ensure that miners have sufficient means to evacuate the mine in the event of an emergency. The required regularity of revision and review is necessitated by the ever‑changing configuration of a producing mine. An accurate and up-to-date plan indicating current escape routes is vital to the safety of the miners and rescue personnel in the event of an emergency.
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 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.
Although there is no explicit requirement that records be kept for more than three years, a current, approved escape and evacuation plan must be maintained by the mine operator for the entire time the mine is in operation. This collection of information is otherwise consistent with the guidelines in 5 C.F.R. § 1320.5.
8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 C.F.R. § 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on June 29 (Volume 72, Number 125, Page 35728), soliciting public comments regarding the extension of this information collection. No comments were received.
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 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 form whom the information is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
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.
Escape and evacuation plans are updated at irregular intervals as the configuration of the mine changes. MSHA estimates that there are approximately 242 active underground metal and nonmetal mines. Based upon on‑site experience, MSHA staff estimates that an average mine would develop two plan revisions each year, and that each revision would require approximately eight hours to develop. Accordingly, the hour burden is as follows:
242 (mines) x 2 (annual revisions) x 8 (hour per revision) = 3,872 (annual hours for plan revisions)
Plan revisions are usually made by company supervisors earning $53.62 per hour (based on data from the latest U.S. Metal & Industrial Mineral Mine Salaries, Wages, & Benefits - 2005 Survey Results). The burden cost is estimated as follows:
3,872 (burden hours for plan revisions) x $53.62 (supervisor wage per hour) = $207,616.64 annualized cost to respondents for plan revisions
After revisions are completed they must be copied, posted and filed. These tasks are typically performed by the clerical staff. Based on information obtained from the latest U.S. Metal & Industrial Mineral Mine Salaries, Wages, & Benefits - 2005 Survey Results, MSHA’s staff estimates that it takes a clerical person earning $21.66 about 0.5 hour to copy, distribute, and file the schedule. Accordingly, the hour burden and burden cost is as follows:
242 (number of mines) x 2 (annual revisions) x 0.5 (hour per plan) = 242 (hours for plan copies, filing and posting)
242 (hours for plan copies, filing and posting) x $21.66 (mine clerical staff wage per hour) = $5,241.72 annualized cost to copy, post and file plan revisions
Total Burden to Operator
Hours
3,872 (plan revisions)
242 (plan copies, filing and posting)
4,114 (total hours)
Cost
$207,616 (plan revisions)
$ 5,241 (copy, post and file plan revisions)
$212,857 (operator cost of plan revisions)
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.
There are no costs to respondents or record keepers resulting from this collection of information.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.
MSHA estimates that inspection personnel spend approximately one hour reviewing each plan revision. These reviews would be conducted by journeymen inspectors with an average base wage of $30.57 (GS 12-5).
242 (number of reviews) x 2 (annual revisions) x 1 (hours per plan) =484 (hours of plan review)
484 (hours of plan review) x $30.57 (MSHA wage per hour) = $14,795 (annualized plan review cost)
Federal Government Cost = $14,795
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.
The burden decreased due to fewer respondents (243 previous to 242 current). The number of responses decreased (from 486 to 484 and the burden hours also reflected the decrease (4,131 to 4,114). Burden costs remain at $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 beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
MSHA does not intend to publish the results of this information collection.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
MSHA is not seeking approval to either display or not display the expiration date for OMB approval of this information collection. There is no form associated with this 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 Employment Statistical Methods
The agency should be prepared to justify its decision not to use statistical methods in any case where such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB 83-I is checked "Yes", the following documentation should be included in the Supporting Statement to the extent that it applies to the methods proposed:
1. Describe (including a numerical estimate) the potential respondent universe and any sampling or other respondent selection methods to be used. Data on the number of entities (e.g., establishments, State and local government units, households, or persons) in the universe covered by the collection and in the corresponding sample are to be provided in tabular form for the universe as a whole and for each of the strata in the proposed sample. Indicate expected response rates for the collection as a whole. If the collection had been conducted previously, include the actual response rate achieved during the last collection.
2. Describe the procedures for the collection of information including:
• Statistical methodology for stratification and sample selection,
• Estimation procedure,
• Degree of accuracy needed for the purpose described in the justification,
• Unusual problems requiring specialized sampling procedures, and
• Any use of periodic (less frequently than annual) data collection cycles to reduce burden.
3. Describe methods to maximize response rates and to deal with issues of non-response. The accuracy and reliability of information collected must be shown to be adequate for intended uses. For collections based on sampling, a special justification must be provided for any collection that will not yield "reliable" data that can be generalized to the universe studied.
4. Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an effective means of refining collections of information to minimize burden and improve utility. Tests must be approved if they call for answers to identical questions from 10 or more respondents. A proposed test or set of tests may be submitted for approval separately or in combination with the main collection of information.
5. Provide the name and telephone number of individuals consulted on statistical aspects of the design and the name of the agency unit, contractor(s), grantee(s), or other person(s) who will actually collect and/or analyze the information for the agency.
As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.
Federal Mine Safety & Health Act of 1977,
Public Law
91-173,
as amended by Public Law 95-164*
An Act
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Federal Mine Safety and Health Act of 1977".
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103. (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. The Secretary or the Secretary of Health, Education, and Welfare is authorized to compile, analyze, and publish, either in summary or detailed form, such reports or information so obtained. Except to the extent otherwise specifically provided by this Act, all records, information, reports, findings, citations, notices, orders, or decisions required or issued pursuant to or under this Act may be published from time to time, may be released to any interested person, and shall be made available for public inspection.
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR57.11053]
[Page 373]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND NONMETAL MINES--Table of Contents
Subpart J--Travelways and Escapeways
Sec. 57.11053 Escape and evacuation plans.
A specific escape and evacuation plan and revisions thereof suitable
to the conditions and mining system of the mine and showing assigned
responsibilities of all key personnel in the event of an emergency shall
be developed by the operator and set out in written form. Within 45
calendar days after promulgation of this standard a copy of the plan and
revisions thereof shall be available to the Secretary or his authorized
representative. Also, copies of the plan and revisions thereof shall be
posted at locations convenient to all persons on the surface and
underground. Such a plan shall be updated as necessary and shall be
reviewed jointly by the operator and the Secretary or his authorized
representative at least once every six months from the date of the last
review. The plan shall include:
(a) Mine maps or diagrams showing directions of principal air flow,
location of escape routes and locations of existing telephones, primary
fans, primary fan controls, fire doors, ventilation doors, and refuge
chambers. Appropriate portions of such maps or diagrams shall be posted
at all shaft stations and in underground shops, lunchrooms, and
elsewhere in working areas where persons congregate;
(b) Procedures to show how the miners will be notified of emergency;
(c) An escape plan for each working area in the mine to include
instructions showing how each working area should be evacuated. Each
such plan shall be posted at appropriate shaft stations and elsewhere in
working areas where persons congregate;
(d) A fire fighting plan;
(e) Surface procedure to follow in an emergency, including the
notification of proper authorities, preparing rescue equipment, and
other equipment which may be used in rescue and recovery operations; and
(f) A statement of the availability of emergency communication and
transportation facilities, emergency power and ventilation and location
of rescue personnel and equipment.
[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]
September 2007
| File Type | application/msword |
| File Modified | 2007-09-11 |
| File Created | 2007-09-11 |