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SUPPORTING STATEMENT
Rock Burst Control Plan, 30 C.F.R. § 57.3461 (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 101(a) and 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 C.F.R. § 57.3461 requires operators of underground metal and nonmetal mines to develop a rock
burst control plan within 90 days after a rock burst has been experienced. Plans include mining and
operating procedures designed to reduce the occurrence of rock bursts; monitoring procedures where
detection methods are used; and other measures to minimize exposure of persons to areas which are
prone to rock bursts. Plans are also required to be updated as conditions warrant and are to be made
available to Mine Safety and Health Administration (MSHA) inspectors and to mine employees. The
standard does not require that all underground metal and nonmetal mines develop these preventative
measures, but it does require that all mines with a rock burst history develop a control plan.
When rock bursts occur in an underground mine, they pose a serious threat to the safety of miners in the
area affected by the burst. These bursts may reasonably be expected to result in the entrapment of
miners, death, and serious physical harm. Recent mining technology has disclosed scientific methods of
monitoring rock stresses which will allow the prediction of an oncoming burst. These predictions can be
used by the mine operator to move miners to safer locations and to establish areas which need relief
drilling.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the agency has made of the information received from the current
collection.
MSHA uses the information to inform other mine operators who may need to address similar hazards
and to determine compliance with the standard. The mine operator uses the information for work area
assignments to assure miner safety and to schedule correction work. The miner must know what is
required of him or her in the event of recorded rock stress.
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.
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No improved information technology has been identified that would reduce the burden. Mine operators
may develop rock burst control plans and retain the records in whatever method they choose, which may
include utilizing computer technology.
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 or duplicate information exists that could be used. Information gathered is peculiar to the
specific mine and is not duplicated anywhere.
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.
This information collection is necessary to enforce the standard designed to reduce the risks to miner
safety associated with rock burst. Rock burst control plans need only be developed once and then
updated or altered as mine conditions and control technologies change.
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
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with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible
confidential use; or
• requiring respondents to submit proprietary trade secret, or other confidential information
unless the agency can demonstrate that it has instituted procedures to protect the information's
confidentiality to the extent permitted by law.
This collection of information is consistent with the guidelines in 5 C.F.R. § 1320.5.
8. If applicable, provide a copy and identify the data and page number of publication in the Federal
Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years -- even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation in
a specific situation. These circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on October 15, 2007 (Volume 72, Number
198, Pages 58337-58338), 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 payment or gifts to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance
in statute, regulation, or agency policy.
No assurances of confidentiality are 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.
The requirements contain no questions of a sensitive nature.
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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.

The annual burden for this standard consists of developing new rock burst control plans and sporadic
updates of existing plans. Staff specialists estimate that at least two operating metal or nonmetal mines
will experience rock bursts and need to either update or develop new rock burst control plans each year.
The average time expended on plan updates is estimated to be 12 hours.
2 mines x 12 hours = 24 burden hours
Plan development and revisions are usually made by mine supervisors earning $47.58 per hour based on
salary rates obtained from the U.S. Metal & Industrial Mineral Mine Salaries, Wages, & Benefits - 2005
Survey Results. The burden cost is estimated as follows:
24 hours x $47.10=

$1,130.40

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from
the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).
•
The cost estimate should be split into two components: (a) a total capital and
start-up cost component (annualized over its expected useful life); and (b) a total
operation and maintenance and purchase of services component. The estimates
should take into account costs associated with generating, maintaining, and disclosing
or providing the information. Include descriptions of methods used to estimate major
cost factors including system and technology acquisition, expected useful life of
capital equipment, the discount rate(s), and the time period over which costs will be
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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.

Because the records are maintained by the mine operator, there are no additional costs associated with
this burden other than those described above.
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 enforcement personnel examine the records during routine inspections. There is minimal cost to
the Government as these records are reviewed during the course of those inspections.
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the
OMB Form 83-I.
There is no change or adjustment for this collection.
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.
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There are no 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 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
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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.
This collection of information does not employ statistical methods.

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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".

TITLE I--GENERAL
MANDATORY SAFETY AND HEALTH STANDARDS
SEC. 101. (a) The Secretary shall by rule in accordance with procedures set forth in this section and
in accordance with section 553 of title 5, United States Code (without regard to any reference in such
section to sections 556 and 557 of such title), 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 or other mines.
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103. (e)
Any information obtained by the Secretary or by the Secretary of Health, Education,
and Welfare under this Act shall be obtained in such a manner as not to impose an unreasonable
burden upon operators, especially those operating small businesses, consistent with the underlying
purposes of this Act. Unnecessary duplication of effort in obtaining information shall be reduced to
the maximum extent feasible.

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[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: 30CFR57.3461]
[Page 330-331]
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 B--Ground Control
Sec. 57.3461 Rock bursts.
(a) Operators of mines which have experienced a rock burst shall-(1) Within twenty four hours report to the nearest MSHA office each
rock burst which:
(i) Causes persons to be withdrawn;
(ii) Impairs ventilation;
(iii) Impedes passage; or
(iv) Disrupts mining activity for more than one hour.
(2) Develop and implement a rock burst control plan within 90 days
after a rock burst has been experienced.
[[Page 331]]
(b) The plan shall include-(1) Mining and operating procedures designed to reduce the
occurrence of rock bursts;
(2) Monitoring procedures where detection methods are used; and
(3) Other measures to minimize exposure of persons to areas which
are prone to rock bursts.
(c) The plan shall be updated as conditions warrant.
(d) The plan shall be available to an authorized representative of
the Secretary and to miners or their representatives.

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