1219-0142 Seals ROCIS Final

1219-0142
SUPPORTING STATEMENT
Final Rule: Sealing of Abandoned Areas
30 CFR § 75.335 - Seal strengths, design applications, and installation
30 CFR § 75.336 – Sampling and monitoring requirements
30 CFR § 75.337 - Construction and repair of seals.
30 CFR § 75.337 - Training

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.
MSHA is issuing a final rule that revises MSHA’s Emergency Temporary Standard (ETS) on
sealing abandoned areas in underground coal mines. MSHA has concluded from its investigations
of the 2006 Sago and Darby Mine explosions, experience from implementation and enforcement
of the ETS, MSHA’s in-mine seal evaluations and review of technical literature, the 2007 NIOSH
Draft and Final Reports on explosion testing and modeling, the U.S. Army Corps of Engineers’
Draft Report, accident reports, research studies, public comments, hearing transcripts and
supporting documentation from all segments of the mining community that this rule is necessary
to protect miners from the hazards of seal failure and the risk of explosions in abandoned areas of
underground coal mines.
The final rule includes requirements to strengthen the design and construction of new seals and the
maintenance and repair of all seals. It also increases the level of overpressure for new seals, thus
implementing the new requirements of the Mine Improvement and New Emergency Response
(MINER) Act of 2006. Furthermore, Section 10 of the final rule sets forth requirements for
monitoring atmospheres behind seals, and specifies training requirements for persons constructing
and repairing seals.
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. * * *

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1219-0142
The following provisions will affect information collection package, OMB 1219-0088 - Ventilation
Plans, Tests and Examinations in Underground Coal Mines.
§ 75.335(c)(3). This provision requires the mine operator to revise the ventilation plan to provide
information concerning seals that will be constructed. MSHA assumes that mine operators will
include with this information a copy of the certifications required by §§ 75.335(c)(2) and
(c)(3)(iii). MSHA assumes that this information is submitted each time a mine has worked out an
area of the mine that it plans on sealing.
§ 75.336(a)(2). This provision requires the mine operator to revise the mine ventilation plan to
include additional sampling locations and frequencies of sealed atmospheres as indicated by an
evaluation of the sealed atmosphere or if requested by the District Manager.
§ 75.336(c). This provision specifies that, before miners reenter the mine after a withdrawal, the
mine operator shall have a ventilation plan revision approved by the District Manager specifying
the action to be taken to protect miners.
§ 75.337(f). This provision prohibits welding, cutting, and soldering activities within 150 feet of a
seal, unless such work is approved by the District Manager in the ventilation plan.
Note: Revisions to the mine ventilation plan are made under existing § 75.370(a)(2). In addition,
under §§ 75.370(a)(3)(iii) and (f), mine operators that make revisions to their ventilation plan need
to post a copy of the revisions; and, for those mines that have a representative of miners, a copy of
the revisions must be provided to them upon request.
The following provisions will affect information collection package, OMB 1219-0142 – Sealing of
Abandoned Areas.
§ 75.335(b). This provision sets forth procedures for the approval of seal design applications.
§ 75.336(a)(2). This provision requires the mine operator to evaluate the atmosphere in the sealed
area to determine whether sampling through the sampling pipes in seals provides appropriate
sampling locations of the sealed area. This evaluation will be made for each area that has seals.
§ 75.336(c). This provision requires that mine operators immediately notify MSHA after a sample
indicates that the oxygen concentration is 10 percent or greater and methane is between 4.5
percent and 17 percent and after taking the required additional sample from the sealed atmosphere
with seals of less than 120 psi.

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1219-0142
§ 75.336(e). This provision requires a certified person to record each sampling result, including
the location of the sampling points and the oxygen and methane concentrations. Also, any
hazardous conditions found must be corrected and recorded in accordance with existing § 75.363.
§ 75.337(c)(1)-(c)(5). This provision requires a certified person to perform several tasks during
seal construction and repair and certify that the tasks were done in accordance with the approved
ventilation plan. In addition, a mine foreman or equivalent mine official must countersign the
record.
§ 75.337(d). This provision requires a senior mine management official to certify that the
construction, installation, and materials used were in accordance with the approved ventilation
plan.
§ 75.337(e). This provision requires the mine operator to notify MSHA of certain activities
concerning the construction of a set of seals. Section 75.337(e)(1) requires the mine operator to
notify the District Manager between 2 and 14 days prior to commencement of seal construction.
Section 75.337(e)(2) requires the mine operator to notify the District Manager, in writing, within
five days of completion of a set of seals and provide a copy of the certifications required in
§ 75.337(d). Section 75.337(e)(3) requires the mine operator to submit a copy of the quality
control test results for seal material properties specified by § 75.335 within 30 days of completion
of such tests.
§ 75.337(g)(3). This provision requires sampling pipes to be labeled to indicate the location of the
sampling point when more than one sampling pipe is installed through a seal.
§ 75.338(a). This provision requires mine operators to certify that persons conducting sampling
were trained in the use of appropriate sampling equipment, techniques, the location of sampling
points, the frequency of sampling, the size and condition of sealed areas, and the use of continuous
monitoring systems, if applicable, before they conduct sampling, and annually thereafter.
§ 75.338(b) This provision requires mine operators to certify that miners constructing or repairing
seals, designated certified persons, and senior mine management officials were trained prior to
constructing or repairing a seal and annually thereafter.
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.
Seals must be designed to withstand elevated pressures from explosions, and the atmosphere
behind the seal must be monitored to prevent the sealed atmosphere from reaching the explosive
range. Adequate seal design and monitoring of areas behind seals are crucial requirements to
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1219-0142
prevent potentially explosive or toxic gases from migrating into the active working areas of
underground coal mines. Miners rely on seals to protect them from the hazardous, and sometimes
explosive, environments within the sealed area.
New Information Collection Requirements Recorded under OMB 1219-0088
The mine ventilation plan under the existing collection, OMB 1219-0088 - Ventilation Plans,
Tests and Examinations in Underground Coal Mines, will be modified to include the certification
requirements included in this rule. In addition, hazardous conditions will be recorded under OMB
1219-0088. The information is available to all interested persons at the mine to assure them that
the seals constructed in mines are designed according to standards and that the atmosphere behind
the seals is being monitored by certified personnel. MSHA inspectors use the records to
determine that tests and examinations, required by the standards, are being done correctly.
New Information Collection Requirements Recorded under OMB 1219-0142
Records that will be collected under this rule will help assure that the construction and
maintenance of seals are done correctly; certified persons conducting sampling in sealed areas are
adequately trained; and results from sampling in sealed areas are recorded.
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.
This rule does not specify how records must be kept. Operators may retain records using any
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.
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 requirements in this rule: revisions to the mine ventilation plan that
concern seals; certifications for seal construction and repair training; certifications for training
pertaining to sampling behind seals; procedures for submitting seal design applications;
recordkeeping for seal construction and repair; and, recording results of sampling behind seals 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.

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1219-0142
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.
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.
The final rule provides for recordkeeping requirements addressing seal design, monitoring of
sealed atmospheres, construction and repair of seals, and training.
Seal designs must be submitted to MSHA for approval. The designs are reviewed by MSHA to
help assure seals will protect miners from potential hazards within sealed areas. The mine
operator must revise the ventilation plan when addressing hazards that could cause overpressures
greater than 120 psi within the area to be sealed. The District Manager must have the opportunity
to: review the seal design application; review the proposed ventilation plan revision; inspect the
area to be sealed; verify that the proposals and documentation are appropriate and correct; before
each area is sealed. The ventilation plan serves as a record of fact documenting mine specific
policies that affect the health and safety of miners.
Mine operators are required to evaluate sampling results for hazardous conditions and adequacy of
sampling locations and frequencies and change the ventilation plan accordingly. MSHA must
have the opportunity to promptly review sampling results from sealed areas and related
information to verify safe working conditions for miners. In addition, the mine operator is
required to record hazardous conditions and the actions taken to correct the conditions. This
documentation allows the operator and MSHA to review the events for effectiveness.
Immediate notification to MSHA of an atmospheric sampling result from a sealed area that
indicates an oxygen concentration of 10 percent or greater and methane is between 4.5 percent and
17 percent gives MSHA an immediate opportunity to help respond to the hazardous condition.
MSHA will have the opportunity to provide additional resources and information and verify safe
working conditions for miners. In addition, mine operators must revise their ventilation plan
specifying actions to be taken to address the explosion hazard and have it approved by MSHA
before miners reenter the mine. Miners are assured healthier and safer working conditions when
the mine operator follows an approved revised ventilation plan before they reenter the mine.
Mine operators must notify MSHA of, or provide information related to, seal construction
activities each time a seal is constructed. Physical conditions of underground coal mines are
highly variable and can affect the performance of seals. Using the required information, MSHA
can assess the conditions of each construction site to help assure the seal design is appropriate and
construction is performed correctly.
Miners constructing or repairing seals, designated certified persons, senior mine management
officials and certified persons which conduct sampling must be trained prior to performing their
tasks and annually thereafter. Miners must know the necessary skills before the tasks are
performed to assure they are done correctly. Annual training assures these persons learn the most
current skills and retain the necessary knowledge.
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1219-0142
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.
This collection of information is 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 sealing of abandoned
areas on May 22, 2007 (72 FR 28796). 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 45 days to submit comments. The comment period, initially
scheduled to close on July 6, 2007, was extended an additional 45 days to August 17, 2007 (72 FR
34609). Four public hearings were held. On August 14, 2007, MSHA extended the comment
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period an additional 30 days (72 FR 45358). On December 19, 2007, MSHA published a notice
(72 FR 71791) to reopen the comment period for an additional 30 days; to announce availability of
a draft report prepared by the U.S. Army Corps of Engineers; and to schedule an additional public
hearing.
The information collection package for the ETS, which also served as the proposal for this final
rule, was approved by OMB under control numbers 1219-0142, for Sealing of Abandoned Areas;
and 1219-0088, for Ventilation Plans, Tests, and Examinations in Underground Coal Mines.
Several commenters raised concerns regarding the ETS requirement that multiple persons must
certify that seal construction was done correctly. Commenters stated that a certification by a
senior mine manager is unnecessarily duplicative of the certification required by the certified
person during construction and repair and the certification required by the professional engineer
during the plan approval process. Some commenters stated that the certification requirement by a
senior mine official is unreasonable and redundant because the official may not have expertise to
make certification; the official may not have knowledge unless present during construction; a
professional engineer is required to have “oversight;” the certified person directly supervises
construction and makes a record of the exam; and the mine foreman countersigns the certified
person’s record. Other commenters suggested modification of the ETS requirement either to allow
a senior mine official to rely on reports from the professional engineer and certified person, or to
allow a senior mine management official to countersign the official seal record book.
Based on MSHA’s experience regarding methane explosions in sealed areas and MSHA’s
experience regarding the same certification requirements under the ETS, the Agency believes that
some amount of redundancy is necessary when reviewing seal construction. Certifications by
certified persons and senior mine management officials provides an added margin of safety for
miners by helping assure that seals are correctly designed and constructed.
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
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1219-0142
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.
This final rule applies to 372 underground coal mines that use seals.

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1219-0142

Final § 75.335(b) sets forth procedures for the approval of seal designs. MSHA estimates
that 10 applications will be filed in the first year of the final rule, and 2 applications in the second
year and every year thereafter. On average, MSHA estimates that a supervisor, earning $71.34 per
hour, takes 2 hours to prepare each application, and a clerical employee earning $25.47 per hour,
takes 1 hour to compile and submit the application. Table 1 shows, by mine size, the burden hours
of and cost for approval of seal designs for the first year of the final rule and for every year
thereafter.
Table 1: Annual Burden Hours and Cost for Preparation and
Submission of Seal Approval Applications under §75.335(b)
(a)

Year
First

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

Clerical
Clerical
Clerical Superv. Employee Superv. Employee
Annual
Annual
Hourly
Hourly
Superv. Employee Annual
Burden
Burden
Burden
Wage
Wage
No. of Seal
Time
Time
Rate
Rate
Cost c
Applications (in hrs.) (in hrs.) Hours a Hours b
10

2

1

20

10

$71.34

$25.47

Second

2

2

1

4

2

$71.34

$25.47

$336

Third

2

2

1

4

2

$71.34

$25.47

$336

a

Supervisor Annual Burden Hours = col. b x col. c.

b

Clerical Employee Annual Burden Hours = col. b x col. d.

c

Annual Burden Cost = (col. e x col. g) + (col. f x col. h).

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$1,682

1219-0142
Final § 75.335(c)(3) requires the mine operator to revise the ventilation plan in order to
provide information concerning seals that will be constructed. The revision is required under
existing § 75.370(a)(2). MSHA assumes that mine operators will include with this information a
copy of the certifications required by final §§ 75.335(c)(2) and (c)(3)(iii). MSHA assumes that
this information is submitted each time a mine has worked-out an area of the mine that it plans on
sealing.
MSHA estimates that 66 mines with 1-19 employees, 237 mines with 20-500 employees,
and 10 mines with 501+ employees will construct seals. The Agency assumes that the District
Manager, in reviewing the proposed ventilation plan revisions, will require some changes. The
mine operator will need to revise and resubmit the ventilation plan for approval. MSHA estimates
that the initial and subsequent revisions and the required certifications will take a mine supervisor,
earning $71.34 per hour: 3 hours in mines with 1-19 employees; 6 hours in mines with 20-500
employees; and 9 hours in mines with 501+ employees. In addition, a clerical employee, earning
$25.47 per hour, is estimated to take 0.5 hours (30 minutes) to compile and submit the initial and
subsequent revision materials.
Table 2 shows 2,522 total annual burden hours and an associated cost of $170,746 to revise
the mine ventilation plan for those mines that will seal.
Table 2: Annual Burden Hours and Costs to Revise
the Ventilation Plan Concerning Seal Construction
(a)

Mine
Size
1-19

(b)

No. of
Mines
that
Seal

(c)

(d)

(e)

Average
No. of
Worked- Time to
Out
Certify &
Areas
Revise
Annually Vent Plan
per Mine (in hrs.)

Time to
Compile
& Submit
Revised
Pages
(in hrs.)

(f)

(g)

(h)

(i)

Clerical
Clerical
Superv. Employee Superv. Employee
Annual
Annual
Hourly
Hourly
Burden
Burden
Wage
Wage
Hours a Hours b
Rate
Rate

(j)

Annual
Burden
Cost c

66

0.5

3

0.5

99

17

$71.34

$25.47

$7,496

20-500

237

1.5

6

0.5

2,133

178

$71.34

$25.47

$156,702

501+
Total

10

1

9

0.5

90

5

$71.34

$25.47

313

2,322

200

a

Supervisor Annual Burden Hours = col. b x col. c x col. d.

b

Clerical Employee Annual Burden Hours = col. b x col. c x col. e.

c

Annual Burden Cost = (col. f x col. h) + (col. g x col. i).

April 2008
10

$6,548
$170,746

1219-0142

Under existing § 75.370(a)(3) and (f), operators with mines that revise ventilation plans
need to post a copy of the revisions, and for operators with mines that have a miners’
representative a copy of the revisions must be provided to the miner representative, upon request.
MSHA assumes that 30 percent of operators with mines that seal will have a miners’
representative, who will request a copy of the revisions.
MSHA estimates that to copy and post the initial and subsequent revisions and also to copy
and provide the initial and subsequent revisions to the miners’ representative takes a clerical
worker, earning $25.47 per hour, 0.5 hours (30 minutes). Table 3 shows 259 total annual burden
hours and an associated cost of $6,597 to copy and post and, when applicable, to provide a copy of
the ventilation plan revisions to the miners’ representative.
Table 3: Burden Hours and Cost to Copy and Post
Revisions to the Ventilation Plan Concerning Seal Construction
and Provide a Copy to Miners’ Representative
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)

(d)

(e)

Time to Copy &
Average Post or to Copy Percentage
of Mines
& Provide
No. of
Providing a
Revisions to
No. of WorkedCopy of
Miners'
Mines Out Areas
Annually Representative Revisions to
that
Miners' Rep.
(in hrs.)
Seal per Mine
66
237
10
313

0.5
1.5
1

0.5
0.5
0.5

30%
30%
30%

(f)

(g)

(h)

Annual
Burden
a
Hours

Clerical
Employee
Hourly
Wage
Rate

Annual
Burden
b
Cost

21
231
7
259

a

Annual Burden Hours = (col. b x col. c x col. d) + (col. b x col. c x col. d x col. e).

b

Annual Burden Cost = col. f x col. g.

April 2008
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$25.47
$25.47
$25.47

$535
$5,884
$178
$6,597

1219-0142

Final § 75.336(a)(2) requires the mine operator to evaluate the atmosphere in the sealed
area to determine whether sampling through the sampling pipes in seals provides appropriate
sampling locations of the sealed area. This evaluation must be made for each area that will be
sealed. On average, the annual number of worked-out areas is estimated to be: 0.5 for mines with
1-19 employees; 1.5 for mines with 20-500 employees; and 1 for mines with 501+ employees.
MSHA estimates that it will take a chief engineer: 0.25 hours (15 minutes) for mines with 1-19
employees and 1 hour for mines with 20 or more employees, to write the results of the evaluation.
MSHA estimates a chief engineer’s hourly wage rate of $67.96 when the chief engineer is
employed by the mine operator. For mines with 1-19 employees, MSHA estimates that 20 percent
will use an in-house chief engineer. For mines with 20-500 employees, MSHA estimates that
90 percent will use an in-house chief engineer. For mines with 501+ employees, MSHA estimates
that 100 percent will use an in-house chief engineer. The answer to Item 13 in this document
shows the costs for mines that contract out in relation to this provision. Table 4 shows 332 total
annual burden hours and an associated cost of $22,563 for mines to write the evaluation results.
Table 4: Annual Burden Hours and Cost to Write
Evaluation Results Under § 75.336(a)(2)
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

No. of
Mines
That
Seal
66
237
10
313

(c)

(d)

(e)

(f)

(g)

Average
Percent of
No. of
Time to
Engineer
Mines That WorkedWrite
Conduct Out Areas Evaluation Annual Hourly
Wage
Training in Annually
Results Burden
a
Rate
House
per Mine
(in hrs.) Hours
20%
90%
100%

0.5
1.5
1

0.25
1
1

a

Annual Burden Hours = col. b x col. c x col. d x col. e.

b

Annual Burden Cost = col. f x col. g.

April 2008
12

2
320
10
332

$67.96
$67.96
$67.96

(h)

Annual
Burden
b
Cost
$136
$21,747
$680
$22,563

1219-0142

Also, under final § 75.336(a)(2) the mine operator must revise the mine ventilation plan to
include the additional sampling locations and frequencies. The revision is made under existing
§ 75.370(a)(2). MSHA assumes that the initial revisions will be sufficient and subsequent
revisions will not have to be sent to the District Manager. Annually, MSHA estimates the number
of revisions is: 3 revisions in mines with 1-19 employees; 12 revisions in mines with 20-500
employees; and 1 revision in a mine with 501+ employees. MSHA estimates that a supervisor,
earning $71.34 per hour, takes 0.25 hours (15 minutes) to write the one page revision, and a
secretary, earning $25.47 per hour, takes 0.1 hours (6 minutes) to copy and submit the revision.
Table 5 shows 8 total annual burden hours and an associated cost of $433 to submit revisions to
the ventilation plan concerning additional sampling locations and frequencies.
Table 5: Annual Burden Hours and Cost to Revise Ventilation Plan
Concerning Sampling Locations and Frequencies
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)

(d)
(e)
(f)
(g)
(h)
Clerical
Clerical
Time to
Revisions Time to
Employee
Copy & Supervisor Employee
Annual
Annual
Supervisor Hourly
to Plan for
Make
Submit
Burden
Burden
Hourly
Sampling Revisions Revisions
Wage
a
b
Wage Rate
Hours
Locations (in hrs.)
Rate
(in hrs.)
Hours
3
12
1
16

0.25
0.25
0.25

0.1
0.1
0.1

a

Supervisor Annual Burden Hours = Col. b x col. c.

b

Clerical Employee Burden Hours = Col. b x col. d.

c

Annual Cost = (col. e x col. g) + (col. f x col. h).

1
3
1
5

April 2008
13

1
1
1
3

$71.34
$71.34
$71.34

$25.47
$25.47
$25.47

(i)

Annual
c
Cost
$97
$239
$97
$433

1219-0142

Under existing §§ 75.370(a)(3)(iii) and (f), operators with mines that revise ventilation
plans must post a copy of the revisions. For those operators with mines that have a miners’
representative, a copy of the revisions must be provided, upon request, to the miners’
representative. MSHA assumes that 30 percent of the revisions will be made by operators in
mines that have a miners’ representative, who will request a copy of the revisions.
MSHA estimates that it takes 0.25 hours (15 minutes) to copy and post the initial and
subsequent revisions and 0.25 hours to copy and provide the initial and subsequent revisions to the
miners’ representative. A clerical employee hourly wage is estimate to be $25.47. Table 6 shows
6 total annual burden hours and an associated cost of $152 to copy and post and provide a copy of
the revision to the miners’ representative.
Table 6: Annual Burden Hours and Cost to Copy and Post Revisions
to the Ventilation Plan Concerning Sampling Locations and Frequencies
and Provide a Copy to Miners’ Representative
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)
(d)
Time to Copy & Percentage of
Post or to Copy Revisions Where
& Provide
a Copy of the
Revisions to Revisions to
Revisions are
Plan for
Miners'
Provided to
Sampling Representative
Miners'
Locations
(in hrs.)
Representative
3
12
1
16

0.25
0.25
0.25

30%
30%
30%

a

Annual Burden Hours = (col. b x col. c.) + ( col. b x col. c. x col. d).

b

Annual Burden Cost = col. e x col. f.

April 2008
14

(e)

(f)

(g)

Annual
Burden
a
Hours

Clerical
Employee
Hourly
Wage
Rate

Annual
Burden
b
Cost

1
4
1
6

$25.47
$25.47
$25.47

$25
$102
$25
$152

1219-0142

Under final § 75.336(e), a certified person must record each sampling result, including the
location of the sampling points and the oxygen and methane concentrations. Also, any hazardous
conditions found must be corrected and recorded in accordance with existing § 75.363. Annually,
MSHA estimates that there will be 140 sampling results that show a hazardous condition
(4 sampling results in a mine with 1-19 employees, 116 sampling results in mines with 20-500
employees, and 20 sampling results in a mine with 501+ employees).
MSHA estimates that to make a record takes: 0.05 hours (3 minutes) when there is no
hazardous condition and an additional 0.05 hours (3 minutes) when a hazardous condition needs to
be recorded. Table 7 shows 27,366 total annual burden hours and an associated cost of
$1,952,291 for making a sampling record.
Table 7: Annual Burden Hours and Cost to
Make a Sampling Record under §75.336(e)
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)

(d)

(e)

(f)

(g)

Additional
Time to Make
a Record that Time to Make
a Record that
Does Not
No. of Annual
Certified
Involves a
Involve a
Samples that
Person
Hazardous Annual Hourly
Hazardous
Involve a
Total No.
Burden Wage
Condition
Condition
of Annual Hazardous
a
Hours
(in hrs.)
(in hrs.)
Condition
Samples
Rate
41,104
473,950
32,138
547,192

4
116
20
140

0.05
0.05
0.05

a

Annual Burden Hours = (col. b x col. d) + (col. c x col. e).

b

Annual Burden Cost = col. f x col. g.

April 2008
15

0.05
2,055
0.05 23,703
0.05
1,608
27,366

(h)

Annual
Burden
b
Cost

$71.34 $146,604
$71.34 $1,690,972
$71.34 $114,715
$1,952,291

1219-0142
Final § 75.336(c) requires that before miners reenter the mine after a withdrawal, the mine
operator must have a ventilation plan revision approved by the District Manager specifying the
corrective action to be taken. The revision will be made under existing § 75.370(a)(2). On
average, MSHA estimates that the total time for a supervisor, earning $71.34 per hour, to make
initial and subsequent revisions to the ventilation plan is: 0.5 hours (30 minutes) for mines with 119 employees, and 1 hour for mines with 20 or more employees. On average, the number of
revised pages submitted is estimated to be: 2 pages for mines with 1-19 employees, and 4 pages
for mines with 20 or more employees. In addition, MSHA estimates that a clerical person, earning
$25.47 per hour, takes a total of 0.5 hours (30 minutes) to copy and submit the initial and
subsequent revisions. Table 8 shows 104 total annual burden hours and an associated cost of
$5,814 to revise and submit the ventilation plan in order for miners to enter the mine after a
withdrawal.
Table 8: Annual Burden Hours and Cost to Revise Ventilation Plan
To Allow Miners to Reenter the Mine under § 75.336(c)
(a)

Mine
Size
1-19
20-500
501+
Total

(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Clerical
Plan
Clerical
Time to
Revisions Time to
Employee
Copy & Supervisor Employee
Annual
Annual
Supervisor Hourly
Due to
Make
Submit
Burden
Annual
Hourly
Withdraws Revisions Revisions Burden
Wage
a
b
c
Wage Rate
Hours
(per Year) (in hrs.)
Rate
Cost
(in hrs.)
Hours
2
58
10
70

0.5
1
1

0.5
0.5
0.5

a

Supervisor Annual Burden Hours = Col. b x col. c.

b

Clerical Employee Burden Hours = Col. b x col. d.

c

Annual Cost = (col. e x col. g) + (col. f x col. h).

1
58
10
69

April 2008
16

1
29
5
35

$71.34
$71.34
$71.34

$25.47
$25.47
$25.47

$97
$4,876
$841
$5,814

1219-0142

Under existing §§ 75.370(a)(3)(iii) and (f), operators with mines that revise ventilation
plans must post a copy of the revisions. For those operators with mines that have a miners’
representative, a copy of the revisions must be provided, upon request, to the miners’
representative. MSHA assumes that 30 percent of withdrawals occur in mines that have a miners’
representative, who will request a copy of the revisions.
MSHA estimates that it takes 0.5 hours (30 minutes) to copy and post the initial and
subsequent revisions and 0.5 hours to copy and provide the initial and subsequent revisions to the
miners’ representative. A clerical employee hourly wage is estimate to be $25.47. Table 9 shows
46 total annual burden hours and an associated cost of $1,171 to copy and post and, when
applicable, to provide a copy of the revisions to the miners’ representative.
Table 9: Annual Burden Hours and Cost to Copy and Post
Revisions to the Ventilation Plan Concerning Miners Reentering the
Mine and Provide a Copy to Miners’ Representative
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)

(d)
(e)
Percentage of
Revisions
Time to Copy &
Post or to Copy Where a Copy
of the
& Provide
Plan
Revisions are
Revisions to
Revisions
Annual
Provided
Miners'
Due to
Burden
Miners'
Withdraw Representative
a
Representative Hours
(in hrs.)
(per Year)
2
58
10
70

0.5
0.5
0.5

30%
30%
30%

a

Annual Burden Hours = (col. b x col. c.) + ( col. b x col. c. x col. d).

b

Annual Burden Cost = col. e x col. f.

April 2008
17

1
38
7
46

(f)

(g)

Clerical
Employee
Hourly
Wage
Rate

Annual
Burden
b
Cost

$25.47
$25.47
$25.47

$25
$968
$178
$1,171

1219-0142

Under final § 75.336(c) after mine operators take additional samples they must
immediately notify MSHA. MSHA estimates that there will be 76 occurrences where mine
operators will need to immediately notify MSHA. Of the 76 occurrences, MSHA estimates that:
3 occurrences will be in mines with 1-19 employees; 62 occurrences will be in mines with 20-500
employees; and 11 occurrences will be in mines with 501+ employees. MSHA estimates that a
supervisor, earning $71.34 per hour, will take 0.1 hours (6 minutes) to telephone MSHA.
Table 10 shows 8 total annual burden hours and an associated cost of $570 for mine operators to
immediately notify MSHA.
Table 10: Annual Burden Hours and Cost
To Notify MSHA under § 75.336(c)
(a)

Mine Size
1-19
20-500
501+
Total

(b)
(c)
Annual No. of
Occurrences
Where an
Additional
Time to
Sample is Notify (in
Taken
hrs.)
3
62
11
76

a

Annual Cost = col. b x col. c.

b

Annual Cost = col. d x col. e.

0.1
0.1
0.1

April 2008
18

(d)

(e)

(f)

Annual
Burden
a
Hours

Supervisor
Hourly
Wage Rate

Annual
b
Cost

1
6
1
8

$71.34
$71.34
$71.34

$71
$428
$71
$570

1219-0142

Under final § 75.337(c)(1)-(c)(5), a certified person must perform several tasks during seal
construction and repair. A mine foreman or equivalent mine official must countersign the record.
MSHA estimates that it takes 0.85 hours (51 minutes) to perform these functions. The 0.85 hours
consists of: 0.75 hours (45 minutes) for the certified person to perform the requirements under
final § 75.337(c)(1) through (c)(5), which include certifying that the tasks were done and making a
record; and 0.1 hours (6 minutes) for a mine foreman or equivalent mine official to countersign
the record made by the certified person. The certified person and mine foreman are estimated to
earn $71.34 per hour.
Final § 75.337(c) applies to both the construction of seals and the repair of existing seals.
MSHA estimates that: 66 mines with 1-19 employees; 237 mines with 20-500 employees; and
10 mines with 501+ employees will construct seals. With respect to new seals, MSHA estimates
that, on average, the annual number of new seals built per mine is: 3 seals in a mine with 1-19
employees; 9 seals in a mine with 20-500 employees; and 14 seals in a mine with 501+
employees. Annually, MSHA estimates that the number of existing seals to be repaired is
approximately: 32 seals in mines with 1-19 employees (1,064 existing seals x 0.03); 364 seals in
mines with 20-500 employees (12,147 existing seals x 0.03); and 22 seals in mines with 501+
employees (737 existing seals x 0.03). Thus, MSHA estimates that the number of seals to be
constructed or repaired annually is:
•

230 seals for mines with 1-19 employees [198 new seals (66 mines x 3 seals built annually
per mine)] + 32 existing seals;

•

2,497 seals for mines with 20-500 employees [2,133 new seals (237 mines x 9 seals built
annually per mine)] + 364 existing seals; and

•

162 seals for mines with 501+ employees [140 new seals (10 mines x 14 seals built
annually per mine)] + 22 existing seals].

Table 11 shows 2,456 total annual burden hours and an associated cost of $175,211 for
mine operators to certify exams, and make and countersign records, as required by final
§ 75.337(c).

April 2008
19

1219-0142
Table 11: Annual Burden Hours and Cost
To Certify Exams, Make Record, and Countersign
Seal Construction and Repair Records under §75.337(c)
(a)

(c)
Time to
Annual No. Examine,
of Seals
Certify,
Built &
Record, &
Repaired Countersign
Mine Size per Mine
(in hrs.)
1-19
20-500
501+
Total

(b)

230
2,497
162
2,889

0.85
0.85
0.85

a

Annual Burden Hours = col. b x col. c.

b

Annual Burden Cost = col. d x col. e.

April 2008
20

(d)

(e)

(f)

Annual
Burden
a
Hours

Certified
Person
Hourly
Wage
Rate

Annual
Burden
b
Cost

196
2,122
138
2,456

$71.34 $13,983
$71.34 $151,383
$71.34
$9,845
$175,211

1219-0142

Under final § 75.337(d), a senior mine management official must certify that the
construction, installation, and materials used were in accordance with the approved ventilation
plan. On average, MSHA estimates that certification under final § 75.337(d), and submission of
the certification as required by final § 75.337(e)(2), takes a senior mine management official
0.05 hours (3 minutes). Table 12 shows 124 total annual burden hours and an associated cost of
$11,504 related to the time to make the certification required by final § 75.337(d).
Table 12: Annual Burden Hours and Cost, under §§75.337(d) & 75.337(e)(2),
to Certify that Construction, Installation, and Materials Used
in Constructing Seals in Accordance with the Ventilation Plan
(a)

Mine Size
1-19
20-500
501+
Total

(b)

(c)
(d)
(e)
Senior
Management
Senior
Senior Mine
Official Time
Management
Management
No. of New to Certify &
Official Annual Official Hourly
Seals Built
Submit
b
Wage Rate
per Year
(in hrs.)
Burden Hours
198
2,133
140
2,471

0.05
0.05
0.05

10
107
7
124

a

Senior Management Official Annual Burden Hours = col. b x col. c.

b

Annual Cost = col. d x col. e.

April 2008
21

$92.78
$92.78
$92.78

(f)

Annual
c
Cost
$928
$9,927
$649
$11,504

1219-0142
Under final § 75.337(e), the mine operator must notify MSHA of certain activities
concerning the construction of a set of seals. Final § 75.337(e)(1) requires the mine operator to
notify the District Manager between 2 and 14 days prior to starting seal construction. Final
§ 75.337(e)(2) requires the mine operator to notify the District Manager, in writing, within five
days of completion of a set of seals and provide a copy of the certifications required in
paragraph (d). The burden hours and related cost for submitting a copy of the certifications
required by paragraph (d) were determined above. Final § 75.337(e)(3) requires the mine operator
to submit a copy of the quality control test results for seal material properties specified by final
§ 75.335 within 30 days of completion of such tests.
MSHA estimated that, on average, the number of sets of seals constructed annually is:
0.5 sets of seals in a mine with 1-19 employees, 1.5 sets of seals in a mine with 20-500 employees,
and 1 set of seals in a mine with 501+ employees. MSHA estimates that a supervisor, earning
$71.34 per hour, takes 0.05 hours (3 minutes) to notify the District Manager between 2 and 14
days prior to commencement of seal construction. Also, MSHA estimates that a clerical
employee, earning $25.47 per hour, takes 0.2 hours (12 minutes) to prepare and send a letter
notifying the District Manager of the completion of a set of seals and to copy and send the quality
control test results. Table 13 shows 101 total annual burden hours and an associated cost of
$3,535 to notify MSHA concerning the requirements in final § 75.337(e).
Table 13: Annual Burden Hours and Cost to Notify MSHA
Concerning Constructing Sets of Seals under §75.337(e)
(a)

Mine
Size
1-19

(b)

(c)

(d)

(e)

(f)

Time to
Submit
Time to
No. of
Data to
Notify
Mines Annual No.
of Sets of MSHA per MSHA per
That
Mine
Mine
Seals Built
Will
(in hrs.)
(in hrs.)
per Mine
Seal

(g)

(h)

(i)

Clerical
Clerical
Supervisor Employee
Employee
Annual
Annual
Hourly
Supervisor
Burden
Burden Hourly Wage
Wage
Hours a
Rate
Hours b
Rate

(j)

Annual
Burden
Cost c

66

0.5

0.05

0.2

2

7

$71.34

$25.47

$321

20-500

237

1.5

0.05

0.2

18

71

$71.34

$25.47

$3,092

501+
Total

10

1

0.05

0.2

1

2

$71.34

$25.47

313

21

80

a

Supervisor Annual Burden Hours = col. b x col. c x col. d.

b

Clerical Burden hours = col. b x col. c x col. e.

c

Annual Burden Cost = (col. f x col. h) + (col. g x col. i).

April 2008
22

$122
$3,535

1219-0142
Final § 75.337(f) prohibits welding, cutting, and soldering within 150 feet of a seal, unless
such work is approved by the District Manager in the ventilation plan. MSHA estimates that mine
operators will submit the following annual requests for a revision to the ventilation plan:
•

13 revisions in mines with 1-19 employees [(66 mines x 20 percent) x 1 occurrence per
year];

•

119 revisions in mines with 20-500 employees [(237 mines x 50 percent) x 1 occurrence
per year] and;

•

20 revisions in mines with 501+ employees [(10 mines x 100 percent) x 2 occurrences per
year].

MSHA estimates that a supervisor takes 0.25 hours (15 minutes) to write the revision and a
clerical worker takes 0.1 hours (6 minutes) to copy and submit the revision. Table 14 shows
53 total annual burden hours and an associated cost of $3,093 to prepare and submit revisions to
the ventilation plan in order to perform activities stated in final § 75.337(f).
Table 14: Annual Burden Hours and Cost to Revise Ventilation
Plan to Permit Welding, Cutting and Soldering
(a)

Mine
Size
1-19
20-500
501+
Total

(b)
(c)
Revisions
to Permit Time to
Welding
Make
Activities Revision
(per Year) (in hrs.)
13
119
20
152

0.25
0.25
0.25

(d)

(e)

(f)
(g)
(h)
Clerical
Clerical
Time to Superv. Employee Superv. Employee
Hourly
Hourly
Submit Annual Annual
Wage
Wage
Revision Burden Burden
a
b
Rate
Hours
Rate
(in hrs.) Hours
0.1
0.1
0.1

3
30
5
38

a

Supervisor Annual Burden Hours = col. b x col. c.

b

Clerical Employee Annual Burden Hours = col. b x col. d.

c

Annual Burden Costs = (col. e x col. g) + (col. f x col. h).

April 2008
23

1 $71.34
12 $71.34
2 $71.34
15

$25.47
$25.47
$25.47

(i)

Annual
Burden
c
Cost
$239
$2,446
$408
$3,093

1219-0142

Under existing §§ 75.370(a)(3)(iii) and (f), operators with mines that make ventilation plan
revisions need to post a copy of the revisions. For those operators with mines that have a miners’
representative, a copy of the revisions must be provided, upon request. MSHA assumes that
30 percent of revisions will be made by operators with mines that have a miners’ representative,
who will request a copy of the revisions. MSHA estimates that it takes a clerical employee
0.25 hours (15 minutes) to copy and post the initial revision and 0.25 hours to copy and provide a
copy of the revisions to the miners’ representative. The clerical employee hourly wage is $25.47.
Table 15 shows 50 total annual burden hours and an associated cost of $1,273 to copy and post
and, when applicable, to provide a copy of the revisions to the miners’ representative.
Table 15: Annual Burden Hours and Cost to Copy
and Post Revisions to Ventilation Plan
Concerning Welding, Cutting, and Soldering
and Provide a Copy of to Miners’ Representative
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)
(d)
(e)
(f)
Time to Copy &
Plan
Post or to Copy
Percentage of
Clerical
Revisions
& Provide
Revisions Where
Employee
to Permit
Revisions to
a Copy of the
Hourly
Welding
Miners'
Revisions area Annual
Wage
Activities Representative Provided Miners' Burden
a
Rate
(per Year)
(in hrs.)
Representative Hours
13
119
20
152

0.25
0.25
0.25

30%
30%
30%

a

Annual Burden Hours = (col. b x col. c) + (col. b x col. c x col. d).

b

Annual Cost = col. e x col. f.

April 2008
24

4
39
7
50

$25.47
$25.47
$25.47

(i)

Annual
b
Cost
$102
$993
$178
$1,273

1219-0142

Final § 75.337(g)(3) requires that sampling pipes be labeled to indicate the location of the
sampling point when more than one sampling pipe is installed through a seal. Annually, MSHA
estimates that such label will be necessary for 5 percent of all new seals. The number of sampling
pipes to be labeled is:
•

10 seals in mines with 1-19 employees (66 mines x 3 seals per mine x 5 percent);

•

107 seals in mines with 20-500 employees (237 mines x 9 seals per mine x 5 percent); and

•

7 seals in mines with 501+ employees (10 mines x 14 seals per mine x 5 percent).

MSHA estimates that a miner, earning $31.66 per hour, takes 0.1 hours (6 minutes) to label
each sampling pipe. Table 16 shows 13 total annual burden hours and an associated cost of $412
for mine operators to label sampling pipes.
Table 16: Annual Burden Hours and Cost to
Label Sampling Pipes under §75.337(g)(3)
(a)

(b)
No. of
Pipes to
Label
Mine Size (per year)
1-19
20-500
501+
Total

(c)
Time to
Label
Pipes
(in hrs.)

10
107
7
124

Annual
Burden
a
Hours

0.1
0.1
0.1

a

Annual Burden Hours = col. b x col. c.

b

Annual Cost = col. d x col. e.

April 2008
25

1
11
1
13

(d)
Miner
Hourly
Wage
Rate
$31.66
$31.66
$31.66

(e)
Annual
b
Cost
$32
$348
$32
$412

1219-0142

Final § 75.338(a) requires mine operators to certify that persons conducting sampling
receive training on the use of appropriate sampling equipment, procedures, the location of
sampling points, the frequency of sampling, the size and condition of sealed areas, and the use of
continuous monitoring systems, if applicable, before conducting sampling, and annually
thereafter. The number of mines estimated to initially train certified persons to sample is:
83 mines with 1-19 employees; 279 mines with 20-500 employees; and 10 mines with 501+
employees. These include all mines that have seals. MSHA estimates that a supervisor, earning
$71.34 per hour, takes 0.1 hours (6 minutes) to certify the training. Table 17 shows 37 total
annual burden hours and an associated cost of $2,640 to certify that persons were trained to
conduct sampling.
Table 17: Annual Burden Hours and Cost
to Certify that Persons Were Trained
to Sample under §75.338(a)
(a)

Mine
Size
1-19
20-500
501+
Total

(b)
No. of
Mines
that
Sample
Seals
83
279
10
372

(c)

(d)

(e)

(f)

Time to
Certify
(in hrs.)

Annual
Burden
a
Hours

Supervisor
Hourly
Wage Rate

Annual
Burden
b
Cost

0.1
0.1
0.1

8
28
1
37

a

Annual Burden Hours = col. b x col. c.

b

Annual Burden Cost = col. d x col. e.

April 2008
26

$71.34
$71.34
$71.34

$571
$1,998
$71
$2,640

1219-0142

Also under final § 75.338(a) due to annual turnover, MSHA estimates that 7 percent of the
certified persons need to be trained annually in the use of appropriate sampling equipment,
procedures, the location of continuous monitoring systems, if applicable. The estimated number
of certified persons receiving training due to turnover is: 12 certified persons in all mines with
1-19 employees (83 mines x 2 certified persons x 0.07 turnover rate); 78 certified persons in all
mines with 20-500 employees (279 mines x 4 certified persons x 0.07 turnover rate); and
4 certified persons in all mines with 501+ employees (10 mines x 6 certified persons x
0.07 turnover rate). Where a miner is trained due to turnover, training is assumed to be one-onone and the certification is estimated to take 0.1 hours (6 minutes) for each person trained. Table
18 shows 10 total annual burden hours and an associated cost of $713 to certify persons trained to
sample due to turnover.
Table 18: Annual Burden Hours and Cost to Certify
Miners Trained in Sampling Procedures under
§75.338(a) Due to Miner Turnover
(a)

Mine
Size
1-19
20-500
501+
Total

(b)

(c)

No. of
Persons
Trained
12
78
4
94

(d)

(e)

Time to Annual Supervisor
Certify Burden
Hourly
a
(in hrs.) Hours Wage Rate
0.1
0.1
0.1

1
8
1
10

a

Annual Burden Hours = col. b x col. c.

b

Annual Burden Cost = col. d x col. e.

April 2008
27

$71.34
$71.34
$71.34

(f)
Annual
Burden
b
Cost
$71
$571
$71
$713

1219-0142

Under final § 75.338(b) mine operators need to certify that persons were trained in seal
construction and repair. MSHA estimates that an instructor takes 0.1 hours (6 minutes) at each
mine to certify that persons were trained in seal construction and repair under final § 75.338(b).
The initial and annual retraining is assumed to take place at one time by one instructor. The
training instructor’s hourly wage rate is estimated to be $67.96 when the training is provided
in-house. The training is estimated to be conducted in-house for: 20 percent of mines with 1-19
employees; 70 percent of mines with 20-500 employees; and 90 percent of mines with 501+
employees. The answer to Item 13 in this document shows the costs for mines that contract out in
relation to this provision. Table 19 shows 23 total annual burden hours and an associated cost of
$1,563 for mine operators to certify persons trained initially, and every year thereafter, in seal
construction and repair.
Table 19: Annual Burden Hours and Cost
to Certify That Persons Were Trained in
Seal Construction and Repair under §75.338(b)
(a)

Mine
Size
1-19
20-500
501+
Total

(b)
(c)
(d)
(e)
(f)
Percent of
No. of
Mines that Mines That
Instructor
Build or
Conduct
Time to Annual
Hourly
Repair
Training In- Certify Burden
Wage
a
House
(in hrs.) Hours
Seals
Rate
83
279
10
372

20%
70%
90%

0.1
0.1
0.1

a

Annual Burden Hours = col. b x col. c col. d.

b

Annual Burden Cost = col. e x col. f.

April 2008
28

2
20
1
23

$67.96
$67.96
$67.96

(g)
Annual
Burden
b
Cost
$136
$1,359
$68
$1,563

1219-0142

Under final § 75.338(b) mine operators need to certify that persons were trained in seal
construction and repair. Due to annual turnover, MSHA estimates that 7 percent of the persons
will need to be trained annually in seal construction and repair. MSHA estimates that in-house
training will occur in: 20 percent of mines with 1-19 employees; 70 percent of mines with 20-500
employees; and 90 percent of mines with 501+ employees. The number of persons receiving
training due to turnover is: 5 persons in all mines with 1-19 employees [(83 mines x 0.20) x
(2 miners + 1 certified person + 1 senior mine official) x 0.07 turnover rate]; 96 persons in all
mines with 20-500 employees [(279 mines x 0.70) x (4 miners + 2 certified person + 1 senior mine
official) x 0.07 turnover rate]; and 4 persons in all mines with 501+ employees [(10 mines x 0.90)
x (4 miners + 2 certified person + 1 senior mine official) x 0.07 turnover rate]. Where a person is
trained due to turnover, training is assumed to be one-on-one and certification is estimated to take
0.1 hours (6 minutes). The answer to Item 13 in this document shows the costs for mines that
contract out in relation to this provision. Table 20 shows 12 total annual burden hours and an
associated cost of $816 to certify persons trained in seal construction and repair, due to turnover.
Table 20: Annual Burden Hours and Cost to Certify
Persons Trained in Seal Construction and Repair
under §75.338(b), Due to Mine Personnel Turnover
(a)

Mine Size
1-19
20-500
501+
Total

(b)

(c)

No. of Time to
Persons Certify
Trained (in hrs.)
5
96
4
105

(d)

(e)

(f)

Annual
Burden
a
Hours

Instructor
Hourly
Wage Rate

Annual
Burden
b
Cost

0.1
0.1
0.1

a

Annual Burden Hours = col. b x col. c.

b

Annual Burden Cost = col. d x col. e.

1
10
1
12

April 2008
29

$67.96
$67.96
$67.96

$68
$680
$68
$816

1219-0142

SUMMARY OF PAPERWORK BURDEN HOURS AND RELATED COSTS
Item 12 Summary Tables
Table 21 provides a summary of the 33,560 burden hours for the first year that the rule is
effective. Table 22 provides a summary of responses of 555,815 for the first year that the rule is
in effect.
Table 21: Summary of Burden Hours

Description
Submission of Seal Approval Applications

Table No.
Table 1

Revise Ventilation Plan Concerning Seal Construction Table 2
Provide & Post Revised Ventilation Plan Concerning
Seal Construction
Evaluation of Atmosphere
Revise Ventilation Plan Concerning Sampling
Locations & Frequencies
Provide & Post Revised Ventilation Plan Concerning
Sampling Locations & Frequencies
Record Sampling Results
Revise Ventilation Plan to Allow Miners to Reenter the
Mine
Provide & Post Revised Ventilation Plan to Allow
Miners to Reenter the Mine
Notify MSHA
Certify Exam, Make Record & Countersign
Certify That Construction Materials Used in Seals Are
in Accordance with the Ventilation Plan
Notification Concerning Seal Construction
Revise Ventilation Plan to Permit Welding, Cutting,
and Soldering
Provide & Post Revised Ventilation Plan Concerning
Welding, Cutting, and Soldering
Label Sampling Pipes
Certification of Persons Trained to Sample
Certification of Persons Trained to Sample Due to
Turnover
Certification of Persons Trained in Seal Construction &
Repair
Certification of Persons Trained in Seal Construction &
Repair Due to Turnover
Total Burden Hours for Question 12

April 2008
30

Table 3
Table 4
Table 5
Table 6
Table 7
Table 8
Table 9

Burden Hours
2nd Yr. & Every
1st Yr.
Yr. Thereafter
30

6

2,522

2,522

259

259

332

332

8

8

6

6

27,366

27,366

104

104

46

46

Table 10

8

8

Table 11

2,456

2,456

124

124

101

101

53

53

Table 12
Table 13
Table 14
Table 15

50

50

Table 16

13

13

Table 17

37

37

10

10

23

23

Table 18
Table 19
Table 20

12

12

33,560

33,536

1219-0142

Table 22: Summary of Responses

Description
Submission of Seal Approval Applications

Table No.
Table 1

Revise Ventilation Plan Concerning Seal Construction Table 2
Provide & Post Revised Ventilation Plan Concerning
Seal Construction
Evaluation of Atmosphere
Revise Ventilation Plan Concerning Sampling
Locations & Frequencies

Table 4

Provide & Post Revised Ventilation Plan Concerning
Sampling Locations & Frequencies

Table 6

Table 3

Table 5

Units

Average No. of
Responses per
Yr. per Mine

1st Yr.
Responses

2nd Yr. &
Every Yr.
Thereafter
Responses

10/2

1

10

2

313

1.274

399

399

313

1.274

399

399

313

1.423

445

445

16

1

16

16

16

1

16

16

372

1,471

547,332

547,332

70

1

70

70

70

1

70

70

76

1

76

76

372

7.77

2,890

2,890

Record Sampling Results
Revise Ventilation Plan to Allow Miners to Reenter the
Mine
Provide & Post Revised Ventilation Plan to Allow
Miners to Reenter the Mine
Notify MSHA
Certify Exam, Make Record & Countersign for Seal
Construction & Repair
Certify That Construction Materials Used in Seals Are
in Accordance with the Ventilation Plan
Notification Concerning Seal Construction
Revise Ventilation Plan to Permit Welding, Cutting,
and Soldering
Provide & Post Revised Ventilation Plan to Permit
Welding, Cutting, and Soldering
Label Sampling Pipes

Table 7

152

1

152

152

Table 16

124

1

124

124

Certification of Persons Trained to Sample
Certification of Persons Trained to Sample Due to
Turnover
Certification of Persons Trained in Seal Construction &
Repair
Certification of Persons Trained in Seal Construction &
Repair Due to Turnover

Table 17

372

1

372

372

94

1

94

94

221

1

221

221

105

1

Table 8
Table 9
Table 10
Table 11
Table 12
Table 13
Table 14
Table 15

Table 18
Table 19
Table 20

Total Responses

April 2008
31

313

7.9

2,473

2,473

313

1.274

399

399

152

1

152

152

105

105

555,815

555,807

1219-0142
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.

April 2008
32

1219-0142

Final § 75.335(b) provides procedures for the approval of seal designs submitted to
MSHA. The Agency estimates that in the first year 10 applications would be filed, and in the
second year and every year thereafter 2 applications would be filed. Under final
§ 75.335(b)(1)(ii), for each application filed, a professional engineer must certify that the design
of the seal is in accordance with current, prudent engineering practices. The professional engineer
would be a contractor who works for the company filing the seal application. MSHA estimates
that a professional engineer, earning $125 per hour, would need 80 hours to review the application
and perform the certification. In addition, each application would need to have 30 quality control
tests analyzed at a price of $90 for each test, which results in $2,700 per application. MSHA
assumes two copies will be made of the application at a cost of $20 ($10 per copy), and postage is
estimated at $16 per application. Table 23 shows yearly cost of $127,360 in the first year for the
engineers’ time and $25,472 each year thereafter.
Table 23: Yearly Cost for Engineers' Input to
Seal Approval Applications under §75.335(b)
(a)

Year
First
Second
Third
a

(b)

(c)

(d)
(e)
(f)
(g)
Eng.
Eng.
Hourly
Copy
Seal
Time
wage Material
and
a
Applications (in hrs.) Rate Testing Postage Yearly Cost
10
2
2

80
80
80

$125
$125
$125

$2,700
$2,700
$2,700

Yearly Cost = col. b x [(col. c x col. d) + col. e + col. f]

April 2008
33

$36
$36
$36

$127,360
$25,472
$25,472

1219-0142

Final § 75.335(c)(2) requires that a professional engineer conduct or have oversight of seal
installation and certify that the provisions in the approved seal design have been addressed and are
applicable to the conditions at the mine. Also, final § 75.335(c)(3)(iii) requires that a professional
engineer certify the mine map of the sealed area and seal locations. For these certifications, the
professional engineer must examine the locations where seals will be constructed and revise the
mine map. MSHA estimates that these activities will take a professional engineer: 16 hours in
mines with 1-19 employees; 32 hours in mines with 20-500 employees; and 48 hours in mines
with 501+ employees. Table 24 shows an annual cost of $1,946,500 for a professional engineer to
perform these activities
Table 24: Annual Cost for a Professional Engineer
to Examine Mine-Specific Seal Installation and
Revise the Mine Map under §75.335(c)
(a)

(b)

No. of
Mines that
Mine Size Will Seal
1-19
66
20-500
237
501+
10
Total
313
a

(c)

(d)

(e)

(f)

Average
No. of
Worked- Hours to Wage Rate
Out Areas Perform
of
Annually Work per Professional Annual Cost
a
Engineer
per Mine
Mine
0.5
24
$125
$99,000
1.5
40
$125 $1,777,500
1
56
$125
$70,000
$1,946,500

Annual Cost = col. b x col. c x col. d x col. e.

April 2008
34

1219-0142

Final § 75.335(c)(3) requires the mine operator to revise the ventilation plan in order to
provide information concerning seals that will be constructed. MSHA estimates that 66 mines
with 1-19 employees, 237 mines with 20-500 employees, and 10 mines with 501+ employees will
continue to construct seals. The mine operator will submit revisions to the mine ventilation plan
to the District Manager.
A submission is made for each worked-out area. On average, MSHA estimates that per
year the number of worked-out areas will be: 0.5 in a mine with 1-19 employees; 1.5 in a mine
with 20-500 employees; and 1 in a mine with 501+ employees. The copy and postage cost for the
initial and subsequent revisions are estimated to be:
•

$3.50 for a mine with 1-19 employees [(5 pgs. x $0.15 per pg.) + $1 postage) x
2 submissions] and;

•

$5.00 for a mine with 20 or more employees [(10 pgs. x $0.15 per pg.) + $1 postage x
2 submissions].

Table 25 shows an annual cost of $1,944 to submit the mine ventilation plan revisions for
those mines that construct seals after the final rule takes effect.
Table 25: Annual Cost to Copy and Submit
Revisions to Ventilation Plan
Concerning Seal Construction
(a)

Mine
Size
1-19
20-500
501+
Total
a

(b)

(c)
Average
No. of
No. of Worked-Out
Mines
Areas
That Will
Annually
Seal
per Mine
66
237
10
313

0.5
1.5
1

Annual Cost = col. b x col. c x col. d.

April 2008
35

(d)

(e)

Copy &
Postage
Costs

Annual
a
Cost

$3.50
$5.00
$5.00

$116
$1,778
$50
$1,944

1219-0142

Operators that revise ventilation plans will need to post a copy of their proposed and
approved ventilation plan revisions submitted to MSHA. In addition, those mines that have a
miners’ representative must provide a copy of the revisions, upon request, to the miners’
representative. MSHA assumes that 30 percent of mines that will continue to seal will have a
miner’s representative, who will request a copy of the revisions. Copy costs are estimated to be:
•

$1.50 for a mine with 1-19 employees [(5 pgs. X $0.15 per pg.) x 2 submissions] and;

•

$3.00 for a mine with 20 or more employees [(10 pgs. X $0.15 per pg.) x 2 submissions].

Postage is estimate to be $2 ($1 postage x 2 submissions). Table 26 shows an annual cost
of $1,729 to copy and post, and when applicable, to provide a copy of the revisions to the miners’
representative.
Table 26: Annual Cost to Copy and Post
Revisions to Ventilation Plan Concerning Seal Construction
and Provide a Copy to Miners' Representative
(a)

(b)

(c)

Average
No. of
No. of WorkedMines Out Areas
That Will Annually
per Mine
Mine Size Seal
1-19
20-500
501+
Total
a

66
237
10
313

(d)

(e)

(f)

(g)

Percentage of
Mines Providing
a Copy of Plan
to Miners'
Representative

Copy
Cost

Postge
Costs

Annual
a
Cost

0.5
1.5
1

30%
30%
30%

$1.50
$3.00
$3.00

$2.00
$2.00
$2.00

Annual Cost = (col. b x col. c x col. e) + (col. b x col. c x col. d x (col. e + Col.f)).

April 2008
36

$84
$1,600
$45
$1,729

1219-0142

Final § 75.336(a)(2) requires the mine operator to evaluate the atmosphere in the sealed
area to determine whether sampling through the sampling pipes in seals provides appropriate
sampling locations of the sealed area. This evaluation must be made for each area that will be
sealed. On average, the annual number of worked-out areas is estimated to be: 0.5 for mines with
1-19 employees; 1.5 for mines with 20-500 employees; and 1 for mines with 501+ employees.
MSHA estimates that it will take a chief engineer: 0.25 hours (15 minutes) for mines with 1-19
employees and 1 hour for mines with 20 or more employees, to write the results of the evaluation.
MSHA estimates a chief engineer’s hourly wage rate of $101.94 when the chief engineer
services are contracted out. For mines with 1-19 employees, MSHA estimates that 80 percent will
contract out the services of a chief engineer. For mines with 20-500 employees, MSHA estimates
that 10 percent will contract the services of a chief engineer. No mines with 501+ employees, will
contract out the services of a chief engineer. Table 27 shows annual cost of $4,297 for mines to
contract the services of a chief engineer to write the evaluation results.
Table 27: Annual Cost to Write
Evaluation Results Under § 75.336(a)(2)
(a)

Mine
Size
1-19
20-500
501+
Total
a

(b)

No. of
Mines
That
Seal
66
237
10
313

(c)
(d)
(e)
(f)
Percent of Average
Mines
No. of
Time to
That
WorkedWrite
Engineer
Conduct Out Areas Evaluation Hourly
Out
Annually
Results
Wage
Training per Mine
(in hrs.)
Rate
80%
10%
0%

0.5
1.5
1

Annual Cost = col. b x col. c x col. d x col. e x col. f.

April 2008
37

0.25
1
1

$101.94
$101.94
$101.94

(g)

Annual
a
Cost
$673
$3,624
$0
$4,297

1219-0142

Under final § 75.336(a), the mine operator must monitor methane and oxygen
concentrations, and maintain an inert atmosphere in the sealed area. Existing MSHA regulations
require oxygen measurements, therefore, underground coal mine operators already have
equipment to measure oxygen at the concentration levels in the final rule. However, MSHA’s
existing regulations do not require underground coal mine operators to measure for methane at the
concentration levels in the final rule. Therefore, operators that monitor will need to purchase a gas
detector capable of measuring methane concentrations from 0 to 100 percent by volume.
The number of mines that will need to monitor seals is estimated to be: 83 mines with
1-19 employees; 279 mines with 20-500 employees; and 10 mines with 501+ employees. MSHA
estimates that, on average, the number of methane gas detectors needed per mine is: 1 detector in
mines with 1-19 employees; 1 to 2 detectors (an average of 1.5 detectors) in mines with 20-500
employees; and 2 detectors in mines with 501+ employees. The methane detector, including a
tubing and calibration kit, is estimated to cost approximately $2,114 ($1,775 for detector with
carrying case; $8 for ten feet of tubing; and $331 for calibration kit excluding gas cylinders). The
methane detector is estimated to last for 5 years. Table 28 shows an annualized cost of $268,998
for mine operators to purchase methane detectors to perform the monitoring. Annualized costs are
obtained by multiplying first year costs by an annualization factor of 0.244, which reflects a 5-year
life of the detector.
Table 28: First Year Cost and Annualized Cost for
Methane Gas Detectors under §75.336
(a)

Mine
Size
1-19
20-500
501+
Total
a

(b)
(c)
No. of
Mines that No. of
Will
Methane
Sample Detectors
Seals
per Mine
83
279
10
372

(d)

(e)

(f)

Purchase
Cost per
Methane
Detector

First Year
a
Cost

Annualized
Cost

1
1.5
2

$2,114
$2,114
$2,114

First Year Costs = col. b x col. c x col. d.

April 2008
38

$175,462
$884,709
$42,280
$1,102,451

$42,813
$215,869
$10,316
$268,998

1219-0142

Under final § 75.336(a), maintenance for the purchased methane gas detector consists of:
calibrating the instrument once a month, purchasing a probe filter once per year, and performing a
bump test before each use. Annual calibration cost per detector is estimated to be $16.56 ($1.38
per liter of methane x 1 liter per calibration x 12 calibrations per year). In addition, one probe
filter, costing $6.25, is needed per detector each year. The annual cost for a daily bump tests, per
detector, is estimated to be: $179.40 ($1.38 per liter x 0.5 liters x 260 workdays) for mines with
500 or fewer employees; and $251.85 ($1.38 per liter x 0.5 liters x 365 workdays) for mines with
501+ employees.
Therefore, the annual maintenance cost per detector is estimated to be approximately:
$202 ($16.56 + $6.25 + $179.40) for mines with 500 or fewer employees; and $275 ($16.56 +
$6.25 + $251.85) for mines with 501+ employees. Table 29 shows an annual cost of $106,901 to
maintain the purchased methane gas detectors.
Table 29: Annual Cost to Maintain
Methane Gas Detectors under §75.336
(a)

Mine
Size
1-19
20-500
501+
Total
a

(b)
(c)
(d)
No. of
Mines that No. of
Maintenance
Will
Methane
Cost per
Sample Detectors
Methane
Seals
per Mine
Detector
83
279
10
372

1
1.5
2

Annual Cost = col. b x col. c x col. d.

April 2008
39

$202
$202
$275

(e)

Annual
a
Cost
$16,783
$84,625
$5,493
$106,901

1219-0142

Under existing § 75.363(a), in the situation where a hazardous condition identified during
sampling cannot be corrected immediately, the mine operator must post a danger sign. Annually,
MSHA estimates that the number of times when a danger sign must be posted will be: 2 times in
mines with 1-19 employees, 58 times in mines with 20-500 employees, and 10 times in mines with
501+ employees. MSHA estimates that 2 signs will be posted in each area where a hazardous
condition is found through sampling. The cost of a danger sign is estimated to be $10 (which
includes the labor to put up the signs). Table 30 shows an annual cost of $1,400 to post danger
signs.
Table 30: Annual Costs to Post Danger Signs a
No. of Annual
Samples that
No. of
Involve Recording Signs to
a Hazardous
Post at
Cost per
Condition and
Each
Sign
Result in Posting a Sampled (includes
Mine Size
Danger Sign
Site
labor cost)
1-19
20-500
501+
Total
a

2
58
10
70

2
2
2

$10
$10
$10

The requirement to post danger signs is under existing §75.363(a).

April 2008
40

Annual
Cost
$40
$1,160
$200
$1,400

1219-0142

Under final § 75.336(a)(2) the mine operator will need to revise the mine ventilation plan
to include the additional sampling locations and frequencies. MSHA assumes that the initial
revisions will be sufficient, and subsequent revisions will not be needed. Annually, MSHA
estimates the number of revisions is: 3 revisions in mines with 1-19 employees; 12 revisions in
mines with 20-500 employees; and 1 revision in a mine with 501+ employees. Copy costs are
$0.15 per page for the one page revision and postage costs are $1.00. Table 31 shows an annual
cost of $18 to submit revisions to the ventilation plan concerning additional sampling locations
and frequencies.
Table 31: Annual Cost to Copy and Submit the
Revisions to Ventilation Plan for Additional
Sampling Locations and Frequencies
(a)

Mine Size
1-19
20-500
501+
Total
a

(b)
(c)
(d)
No. of
Revisions to
Plan for
Sampling
Postage
Locations Copy Cost Costs
3
12
1
16

$0.15
$0.15
$0.15

Annual Cost = col. b x (col. c + col. d).

April 2008
41

$1.00
$1.00
$1.00

(e)

Annual
a
Cost
$3
$14
$1
$18

1219-0142

Under existing §§ 75.370(a)(3)(iii) and (f), operators that revise ventilation plans must post
a copy of the revisions; and for those operators with mines that have a miners’ representative, a
copy of the revisions must be provided, upon request, to the miners’ representative. MSHA
assumes that 30 percent of revisions will be made by operators with mines that have a miners’
representative, who will request a copy of the revisions. Each revision is assumed to be 1 page.
Estimated copy costs are $0.15 per page and postage is $1.00. Table 32 shows an annual cost of
$8 to copy and post and provide a copy of the revision under final § 75.336(a)(2) to the miners’
representative.

Table 32: Annual Cost to Copy and Post Revisions to
Ventilation Plan Concerning Sampling Locations and
Frequencies and Provide a Copy to Miners' Representative
(a)

Mine Size
1-19
20-500
501+
Total
a

(b)
(c)
No. of
Percentage of
Mines
Revisions Mines Providing
to Plan for a Copy of Plan
to Miners'
Sampling
Locations Representative
3
12
1
16

30%
30%
30%

(d)

(e)

(f)

Copy
Cost

Postge
Costs

Annual
a
Cost

$0.15
$0.15
$0.15

Annual Cost = (col b x col d) + (col b x col c x (col d + col e))

April 2008
42

$1.00
$1.00
$1.00

$1
$6
$1
$8

1219-0142

Final § 75.336(c) requires that before miners reenter the mine, the mine operator must have
a revised ventilation plan approved by the District Manager specifying the corrective action to be
taken. On average, the number of revised pages submitted is estimated to be: 2 pages for mines
with 1-19 employees, and 4 pages for mines with 20 or more employees. MSHA estimates that
the copy costs are:
•

$0.60 for mines with 1-19 employees [(2 pgs. x $0.15) x 2 submissions] and;

•

$1.20 for mines with 20 or more employees [(4 pgs. x $0.15) x 2 submissions].

Postage cost is $2 ($1 postage x 2 submissions). Table 33 shows an annual cost of $223 to
revise and submit the ventilation plan in order for miners to enter the mine after a withdrawal.
Table 33: Annual Cost to Copy and Submit the
Revisions to Ventilation Plan to Allow
Miners to Reenter the Mine
(a)

Mine Size
1-19
20-500
501+
Total
a

(b)
(c)
(d)
Plan
Revisions
Due to
Withdraws
Postage
(per Year) Copy Cost Costs
2
58
10
70

$0.60
$1.20
$1.20

Annual Cost = col. b x (col. c + col. d).

April 2008
43

$2.00
$2.00
$2.00

(e)

Annual
a
Cost
$5
$186
$32
$223

1219-0142

Under existing §§ 75.370(a)(3)(iii) and (f), operators that revise ventilation plans must post
a copy of the revisions. For those operators with mines that have a miners’ representative, a copy
of the revisions must be provided, upon request, to the miners’ representative. MSHA assumes
that 30 percent of withdrawals occur in mines that have a miner’s representative, who will request
a copy of the revisions.
The copy cost for the initial and subsequent revisions is estimated to be: $0.60 for a mine
with 1-19 employees [(2 pgs. x $0.15 per pg.) x 2 submissions] and; $1.20 for a mine with 20 or
more employees [(4 pgs. x $0.15 per pg.) x 2 submissions]. Postage costs are estimated to be
$2.00 ($1 postage cost x 2 submissions). Table 34 shows an annual cost of $150 to copy and post
and, when applicable, to provide a copy of the revisions to the miners’ representative.
Table 34: Annual Cost to Copy and Post Revisions to
Ventilation Plan Concerning Miners Reentering the Mine
and Provide a Copy to Miners' Representative
(a)

(c)
(d)
Percentage of
Mines
Plan
Providing a
Revisions
Copy of Plan to
Due to
Miners'
Withdraws
Mine Size (per Year) Representative Copy Cost
1-19
20-500
501+
Total
a

(b)

2
58
10
70

30%
30%
30%

(e)

(f)

Postge
Costs

Annual
a
Cost

$0.60
$1.20
$1.20

Annual Cost = (col. b x col. d) + (col. b x col. c x (col. d + col. e)).

April 2008
44

$2.00
$2.00
$2.00

$3
$125
$22.00
$150

1219-0142

Under final § 75.337(d), upon completion of the construction of each seal, a senior mine
manager must certify that the construction, installation, and materials used were in accordance
with the approved ventilation plan. This certification is required to be submitted under final
§ 75.337(e)(2). Annually, MSHA estimates that the number of new seals is: 198 seals in mines
with 1-19 employees; 2,133 seals in mines with 20-500 employees; and 140 seals in mines with
501+ employees. The certification is estimated to be one page. Postage is estimated to be $1.
The cost for submitting the certifications is $1.15 [(1 pages x $0.15 copy cost per page) + $1
postage]. Table 35 shows an annual cost of $2,842 to submit certifications under final
§ 75.337(e)(2).
Table 35: Annual Cost to Submit
Certifications under §75.337(e)(2)
(a)

Mine Size
1-19
20-500
501+
Total
a

(b)
No. of New
Seals
Constructed
per Year
198
2,133
140
2,471

Annual Cost = col. b x col. c.

April 2008
45

(c)

(d)

Cost to
Submit

Annual
a
Cost

$1.15
$1.15
$1.15

$228
$2,453
$161
$2,842

1219-0142

Under final § 75.337(e), the mine operator must notify MSHA of certain activities
concerning the construction of a set of seals. Final § 75.337(e)(1) requires the mine operator to
notify the District Manager between 2 and 14 days prior to starting seal construction. Final
§ 75.337(e)(2) requires the mine operator to notify the District Manager, in writing, within five
days of completion of a set of seals and provide a copy of the certifications required in
paragraph (d). The cost to submit a copy of the certifications was determined in final § 75.337(d)
above. Final § 75.337(e)(3) requires the mine operator to submit a copy of the quality control test
results for seal material properties specified by final § 75.335 within 30 days of completion of
such tests.
MSHA estimated that, on average, the number of sets of seals constructed annually per
mine is: 0.5 sets of seals in a mine with 1-19 employees, 1.5 sets of seals in a mine with 20-500
employees, and 1 set of seals in a mine with 501+ employees. In addition, a copy of the letter of
completion of a set of seals is estimated to be 1 page and a copy of the quality control test results
is estimated to be 15 pages. MSHA estimates that copy costs are $0.15 per page and postage costs
are $1. Postage will be charged twice because the letter of completion of a set of seals is not sent
at the same time as the other material. Total copy and postage cost is estimated to be $4.40 [(16
pages x $0.15) + $2 postage). Table 36 shows an annual cost of $1,753 to submit material to
MSHA as required by final § 75.337(e).
Table 36: Annual Cost to Notify MSHA
of Constructing Sets of Seals under §75.337(e)

Mine Size
1-19
20-500
501+
Total

No. of
Mines That
Will Seal

Annual No.
of Sets of
Seals Built
per Mine

66
237
10
313

0.5
1.5
1

April 2008
46

Copy &
Postage
Cost

Annual
Postage
Costs

$4.40
$4.40
$4.40

$145
$1,564
$44
$1,753

1219-0142

Final § 75.337(f) prohibits welding, cutting, and soldering within 150 feet of a seal, unless
such work is approved by the District Manager in the ventilation plan. The revision will be made
under existing § 75.370(a)(2). MSHA estimates that the number of revisions to the ventilation
plan that District Managers will receive annually to perform the activities stated in final
§ 75.337(f) is:
•

13 revisions in mines with 1-19 employees [(66 mines x 20 percent) x 1 occurrence per
year)];

•

119 revisions in mines with 20-500 employees [(237 mines x 50 percent) x 1 occurrence
per year)] and;

•

20 revisions in mines with 501+ employees [(10 mines x 100 percent) x 2 occurrences per
year)].

Copy costs and postage for each revision are estimated to be $1.15 [(1 page x $0.15 copy
cost) + $1 for postage]. Table 37 shows an annual cost of $175 for copying and postage to submit
revisions to the ventilation plan in order to perform activities stated in final § 75.337(f).

Table 37: Annual Copy and Postage Cost
for Revisions to Ventilation Plan to
Permit Welding under §75.337(f)
(a)

Mine size
1-19
20-500
501+
Total
a

(b)
No. of
Revisions
per Year

(c)
Copy &
Postage
Costs

13
119
20
152

$1.15
$1.15
$1.15

Annual Cost = col. b x col. c.

April 2008
47

(d)

Annual Cost

a

$15
$137
$23
$175

1219-0142

Under existing §§ 75.370(a)(3)(iii) and (f), operators with mines that revise ventilation
plans must post a copy of the revisions. For operators with mines that have a miners’
representative, a copy of the revisions must be provided, upon request, to the miners’
representative. MSHA assumes that 30 percent of revisions will be made by operators with mines
that have a miners’ representative, who will request a copy of the revisions.
The copy cost for each revision is estimated to be $0.15 (1 pg. x $0.15 per pg.). Postage is
estimated to be $1.00. Table 38 shows an annual cost of $75 to copy and post and, when
applicable, to provide a copy of the revisions to the miners’ representative.
Table 38: Annual Cost to Copy and Post
Revisions to Ventilation Plan Concerning
Welding, Cutting, and Soldering and
Provide a Copy to Miners' Representative
(a)

Mine
Size
1-19
20-500
501+
Total
a

(b)
(c)
(d)
Percentage of
Plan
Revisions to Mines Providing
a Copy of Plan
Permit
to Miners'
Welding
Representative Copy Cost
Activities
13
119
20
152

30%
30%
30%

(e)

(f)

Postge
Costs

Annual
a
Cost

$0.15
$0.15
$0.15

Annual Cost = (col. b x col. d) + (col. b x col. c x (col. d + col. e)).

April 2008
48

$1.00
$1.00
$1.00

$6
$59
$10
$75

1219-0142

Under final § 75.338(b) persons involved in seal construction and repair must be trained.
Initially, MSHA estimates that an instructor takes 8 hours to train and 0.1 hours (6 minutes) to
certify that persons were trained in seal construction and repair under final § 75.338(b). In the
second year and every year thereafter training time is estimated to take 2 hours and certification is
estimated at 6 minutes (0.1 hours). The training instructor’s hourly wage rate is estimated to be
$101.94 when the training is contracted out. The training is estimated to be contracted out for:
80 percent of mines with 1-19 employees; 30 percent of mines with 20-500 employees; and
10 percent of mines with 501+ employees. Table 39 shows that first year costs were annualized
by multiplying them by an annualization factor of 0.07 to arrive at $8,734. The table also shows,
annual cost of $32,347 for mine operators to contract out the training and certification persons
trained in seal construction and repair.
Table 39: Annual Cost to Train and Certify Persons
in Seal Construction and Repair under §75.338(b)
(a)

Mine
Size
1-19
20-500
501+
Total
a

(b)

(c)
(d)
(e)
(f)
(g)
(h)
Percent of
Mines
No. of
Cost in 2nd
That
Time to Instructor
Mines that
Hourly
Conduct Train and
Build or
First Year Year & every
First Year
Year
Wage
Repair Training In- Certify (in
Cost
a
b
Rate
Cost
hrs.)
Seals
Annualized Thereafter
House
83
279
10
372

80%
30%
10%

8.1
8.1
8.1

$101.94
$101.94
$101.94

$54,827
$69,112
$826
$124,765

$3,838
$4,838
$58
$8,734

$14,215
$17,918
$214
$32,347

Annual Cost = col. b x col. c x col. d x col. e.

b

Cost in 2nd Year & Every Year Thereafter is the same formula as first year cost except time to train and
certify is 2.1 hours.

April 2008
49

1219-0142

Also, under final § 75.338(b) due to annual turnover persons will need to be trained in seal
construction and repair. MSHA estimates that 7 percent of the persons will need to be trained
annually in seal construction and repair. MSHA estimates that contracted out training will occur
in: 80 percent of mines with 1-19 employees; 30 percent of mines with 20-500 employees; and
10 percent of mines with 501+ employees. The number of persons receiving training due to
turnover is: 19 persons in all mines with 1-19 employees [(83 mines x 0.80) x (2 miners +
1 certified person + 1 senior mine official) x 0.07 turnover rate]; 41 persons in all mines with
20-500 employees [(279 mines x 0.30) x (4 miners + 2 certified person + 1 senior mine official) x
0.07 turnover rate]; and 1 person in all mines with 501+ employees [(10 mines x 0.10) x (4 miners
+ 2 certified person + 1 senior mine official) x 0.07 turnover rate]. Where a person is trained due
to turnover, training is assumed to be one-on-one and is estimated to take 8 hours and 0.1 hours
(6 minutes) for certification of the training. Table 40 shows annual cost of $49,553 for contractors
to train and certify persons in seal construction and repair, due to turnover.
Table 40: Annual Cost to Train and Certify
Persons in Seal Construction and Repair
under §75.338(b), Due to Mine Personnel Turnover
(a)

(b)

Mine Size

No. of
Persons
Trained

1-19
20-500
501+
Total
a

(c)
(d)
Time to Instructor
Train and
Hourly
Certify (in
Wage
hrs.)
Rate

19
41
1
61

8.1
8.1
0.1

Annual Cost = col. b x col. c x col. d.

April 2008
50

$101.94
$101.94
$101.94

(e)
Annual
a
Cost
$15,689
$33,854
$10
$49,553

1219-0142

Table 41 shows a summary of the total Item 13 costs. The total cost in the first year
for Item 13 is approximately $2.5 million.
Table 41: Summary of Item 13 Costs

Table No.

Cost for Evaluation
Cost for Methane Gas Detectors

Table 28

Cost for Mainteance for Methane Gas Detectors

Table 29

$106,901

$106,901

Cost to Post Danger Signs
Cost to Submit Revision Ventilation Plan Concerning Sampling
Locations and Frequencies
Cost to Provide and Post Revision to the Ventilation Plan
Concerning Sampling Locations and Frequencies
Cost to Submit Revision to the Ventilation Plan to Allow Miners
to Reenter the Mine
Cost to Provide and Post Revision to the Ventilation Plan to
Allow Miners to Reenter the Mine

Table 30

$1,400

$1,400

Table 31

$18

$18

Table 32

$8

$8

Table 33

$223

$223

Table 34

$150

$150

Cost to Submit §75.337(e)(2) Certification

Table 35

$2,842

$2,842

Cost to Notify MSHA of Seal Construction
Cost to Submit Revision to Ventilation Plan to Permit Welding,
Cutting, and Soldering
Cost to Provide and Post Revision to the Ventilation Plan to
Permit Welding, Cutting, and Soldering

Table 36

$1,753

$1,753

Table 37

$175

$175

Train and Certify in Seal Construction and Repair
Train and Certify in Seal Construction and Repair Due to
Turnover
Total

April 2008
51

1st Yr. Cost

2nd Yr. & Every
Yr. Thereafter

Description
Cost for Seal Approval Applications
Cost for Professional Engineer to Examine Mine Specific Seal
Installation and Revise Mine Map
Cost to Submit Revision to the Ventilation Plan Concerning
Seal Construction
Cost to Provide and Post Revision to the Ventilation Plan
Concerning Seal Construction

Table 23

$127,360

$25,472

Table 24

$1,946,500

$1,946,500

Table 25

$1,944

$1,944

Table 26

$1,729

$1,729

Table 27

$4,297

$4,297

$268,998

$268,998

Table 38

$75

$75

Table 39

$8,734

$32,347

Table 40

$49,553

$49,553

$2,522,660

$2,444,385

1219-0142

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.
Applicants will need to submit seal designs to MSHA for approval. In addition, mine operators
will need to modify their ventilation plans to address the requirements for sampling behind the
seals, and seal design, construction, maintenance and repair. MSHA expects to review seal
designs and ventilation plan revisions with existing personnel. Thus, there are 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 burden hours apply to 372 mines that have seals. The burden hour estimate is 33,560.
The burden hours have been reduced by approximately 48,500 hours from the ETS. The major
reason for this reduction is that the burden for sampling was incorrectly included in both the
burden hours and burden costs. In addition, burden hours have been reduced because the
requirement in the ETS for mine operators to file sampling protocols and action plans in the mine
ventilation plan has been deleted from the final rule. Also, the requirement for mine operators to
prepare for training was inadvertently included as burden hours in the information collection
package that accompanied the ETS.
The burden responses are 555,815. Burden responses have been reduced by approximately
337,300 responses from the ETS. The primary reason for this reduction is due to inadvertently
counting responses for sampling twice under the ETS.
Total burden costs have increased slightly from $2.3 million under the ETS to $2.5 million
under the final rule. This increased is primarily due to updated hourly wage rates.
The burden calculated for the first year used in this submission will change in the second
and subsequent years and will be adjusted accordingly.
In this package there are 3,048 hours and $4,322 costs that should be accounted under
OMB information collection package 1219-0088. The adjustments are non-substantive, resulting
in no material change for the ICR. See Item 1 for the provisions that apply to OMB information
collection package 1219-0088.
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.

April 2008
52

1219-0142
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.

April 2008
53

1219-0142
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.

April 2008
54

1219-0142
RELEVANT STATUTORY AND REGULATORY PROVISIONS

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 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).
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.

April 2008
55

1219-0142

UNITED STATES PUBLIC LAWS
109th Congress - Second Session
Convening January 7, 2005
PL 109-236 (S 2803)
June 15, 2006
MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE ACT OF 2006 (MINER ACT)
An Act To amend the Federal Mine Safety and Health Act of 1977 to improve the safety of mines and
mining.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,

SEC. 10. SEALING OF ABANDONED AREAS.
Not later than 18 months after the issuance by the Mine Safety and Health Administration of a final report
on the Sago Mine accident or the date of enactment of the Mine Improvement and New Emergency
Response Act of 2006, whichever occurs earlier, the Secretary of Labor shall finalize mandatory heath and
safety standards relating to the sealing of abandoned areas in underground coal mines. Such health and
safety standards shall provide for an increase in the 20 psi standard currently set forth in section
75.335(a)(2) of title 30, Code of Federal Regulations.

April 2008
56

1219-0142
RELEVANT REGULATORY PROVISIONS:
§ 75.335 Seal strengths, design applications, and installation.
(b) Seal design applications. Seal design applications from seal manufacturers or
mine operators shall be in accordance with paragraphs (b)(1) or (b)(2) of this section and
submitted for approval to MSHA’s Office of Technical Support, Pittsburgh Safety and
Health Technology Center, P.O. Box 18233, Cochrans Mill Road, Pittsburgh, PA 15236.
(1) An engineering design application shall—
(i) Address gas sampling pipes, water drainage systems, methods to reduce air
leakage, pressure-time curve, fire resistance characteristics, flame spread index, entry
size, engineering design and analysis, elasticity of design, material properties,
construction specifications, quality control, design references, and other information
related to seal construction;
(ii) Be certified by a professional engineer that the design of the seal is in
accordance with current, prudent engineering practices and is applicable to conditions in
an underground coal mine; and
(iii) Include a summary of the installation procedures related to seal construction;
or
(2) Each application based on full scale explosion tests or other equivalent means
of physical testing shall address the following requirements to ensure that a seal can
reliably meet the seal strength requirements:
(i) Certification by a professional engineer that the testing was done in accordance
with current, prudent engineering practices for construction in a coal mine;
(ii) Technical information related to the methods and materials;
(iii) Supporting documentation;
(iv) An engineering analysis to address differences between the seal support
during test conditions and the range of conditions in a coal mine; and
(v) A summary of the installation procedures related to seal construction.
(3) MSHA will notify the applicant if additional information or testing is required.
The applicant shall provide this information, arrange any additional or repeat tests, and
provide prior notification to MSHA of the location, date, and time of such test(s).
(4) MSHA will notify the applicant, in writing, whether the design is approved or
denied. If the design is denied, MSHA will specify, in writing, the deficiencies of the
application, or necessary revisions.
(5) Once the seal design is approved, the approval holder shall promptly notify
MSHA, in writing, of all deficiencies of which they become aware.
April 2008
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1219-0142
(c) Seal installation approval. The installation of the approved seal design shall be
subject to approval in the ventilation plan. The mine operator shall—
(1) Retain the seal design approval and installation information for as long as the
seal is needed to serve the purpose for which it was built.
(2) Designate a professional engineer to conduct or have oversight of seal
installation and certify that the provisions in the approved seal design specified in this
section have been addressed and are applicable to conditions at the mine. A copy of the
certification shall be submitted to the District Manager with the information provided in
paragraph (c)(3) of this section and a copy of the certification shall be retained for as long
as the seal is needed to serve the purpose for which it was built.
(3) Provide the following information for approval in the ventilation plan—
(i) The MSHA Technical Support Approval Number;
(ii) A summary of the installation procedures;
(iii) The mine map of the area to be sealed and proposed seal locations that include
the deepest points of penetration prior to sealing. The mine map shall be certified by a
professional engineer or a professional land surveyor.
(iv) Specific mine site information, including—
(A) Type of seal;
(B) Safety precautions taken prior to seal achieving full design strength;
(C) Methods to address site-specific conditions that may affect the strength and
applicability of the seal including set-back distances;
(D) Site preparation;
(E) Sequence of seal installations;
(F) Projected date of completion of each set of seals;
(G) Supplemental roof support inby and outby each seal;
(H) Water flow estimation and dimensions of the water drainage system through
the seals;
(I) Methods to ventilate the outby face of seals once completed;
(J) Methods and materials used to maintain each type of seal;
(K) Methods to address shafts and boreholes in the sealed area;
(L) Assessment of potential for overpressures greater than 120 psi in sealed area;
(M) Additional sampling locations; and
(N) Additional information required by the District Manager.

April 2008
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1219-0142
§ 75.336 Sampling and monitoring requirements.
(a) A certified person as defined in § 75.100 shall monitor atmospheres of sealed
areas. Sealed areas shall be monitored, whether ingassing or outgassing, for methane
and oxygen concentrations and the direction of leakage.
(2) The mine operator shall evaluate the atmosphere in the sealed area to
determine whether sampling through the sampling pipes in seals and approved locations
provides appropriate sampling locations of the sealed area. The mine operator shall
make the evaluation immediately after the minimum 14-day required sampling, if the
mine ventilation system is reconfigured, if changes occur that adversely affect the sealed
area, or if the District Manager requests an evaluation. When the results of the
evaluations indicate the need for additional sampling locations, the mine operator shall
provide the additional locations and have them approved in the ventilation plan. The
District Manager may require additional sampling locations and frequencies in the
ventilation plan.
(c) Except as provided in § 75.335(d), when a sample is taken from the sealed
atmosphere with seals of less than 120 psi and the sample indicates that the oxygen
concentration is 10 percent or greater and methane is between 4.5 percent and 17 percent,
the mine operator shall immediately take an additional sample and then immediately
notify the District Manager. When the additional sample indicates that the oxygen
concentration is 10 percent or greater and methane is between 4.5 percent and 17 percent,
persons shall be withdrawn from the affected area which is the entire mine or other
affected area identified by the operator and approved by the District Manager in the
ventilation plan, except those persons referred to in § 104(c) of the Act. The operator may
identify areas in the ventilation plan to be approved by the District Manager where
persons may be exempted from withdrawal. The operator’s request shall address the
location of seals in relation to: (1) areas where persons work and travel in the mine; (2)
escapeways and potential for damage to the escapeways; and (3) ventilation systems and
controls in areas where persons work or travel and where ventilation is used for
escapeways. The operator’s request shall also address the gas concentration of other
sampling locations in the sealed area and other required information. Before miners
reenter the mine, the mine operator shall have a ventilation plan revision approved by
the District Manager specifying the actions to be taken.
(e) Recordkeeping. (1) The certified person shall promptly record each sampling
result including the location of the sampling points, whether ingassing or outgassing,
and oxygen and methane concentrations. The results of oxygen and methane samples
shall be recorded as the percentage of oxygen and methane measured by the certified
person and any hazardous condition found in accordance with § 75.363.
(2) The mine operator shall retain sampling records at the mine for at least one
year from the date of the sampling.
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§ 75.337 Construction and repair of seals.
(c) A certified person designated by the mine operator shall directly supervise seal
construction and repair and—
(1) Examine each seal site immediately prior to construction or repair to ensure
that the site is in accordance with the approved ventilation plan;
(2) Examine each seal under construction or repair during each shift to ensure that
the seal is being constructed or repaired in accordance with the approved ventilation
plan;
(3) Examine each seal upon completion of construction or repair to ensure that
construction or repair is in accordance with the approved ventilation plan;
(4) Certify by initials, date, and time that the examinations were made; and
(5) Make a record of the examination at the completion of any shift during which
an examination was conducted. The record shall include each deficiency and the
corrective action taken. The record shall be countersigned by the mine foreman or
equivalent mine official by the end of the mine foreman’s or equivalent mine official’s
next regularly scheduled working shift. The record shall be kept at the mine for one year.
(d) Upon completion of construction of each seal a senior mine management
official, such as a mine manager or superintendent, shall certify that the construction,
installation, and materials used were in accordance with the approved ventilation plan.
The mine operator shall retain the certification for as long as the seal is needed to serve
the purpose for which it was built.
(e) The mine operator shall—
(1) Notify the District Manager between two and fourteen days prior to
commencement of seal construction;
(2) Notify the District Manager, in writing, within five days of completion of a set
of seals and provide a copy of the certification required in paragraph (d) of this section;
and
(3) Submit a copy of quality control results to the
District Manager for seal material properties specified by § 75.335 within 30 days of
completion of quality control tests.
(f) Welding, cutting, and soldering. Welding, cutting, and soldering with an arc or
flame are prohibited within 150 feet of a seal. An operator may request a different
location in the ventilation plan to be approved by the District Manager. The operator’s
request must address methods the mine operator will use to continuously monitor
atmospheric conditions in the sealed area during welding or burning; the airflow
conditions in and around the work area; the rock dust and water application methods;
the availability of fire extinguishers on hand; the procedures to maintain safe conditions,
and other relevant factors.
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(g) Sampling pipes.
(3) The sampling pipes shall be labeled to indicate the location of the sampling
point when more than one sampling pipe is installed through a seal.
§ 75.338 Training.
(a) Certified persons conducting sampling shall be trained in the use of
appropriate sampling equipment, procedures, location of sampling points, frequency of
sampling, size and condition of the sealed area, and the use of continuous monitoring
systems if applicable before they conduct sampling, and annually thereafter. The mine
operator shall certify the date of training provided to certified persons and retain each
certification for two years.
(b) Miners constructing or repairing seals, designated certified persons, and senior
mine management officials shall be trained prior to constructing or repairing a seal and
annually thereafter. The training shall address materials and procedures in the approved
seal design and ventilation plan. The mine operator shall certify the date of training
provided each miner, certified person, and senior mine management official and retain
each certification for two years.

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