1219-0145 TSP final

OMB Control Number 1219-0145
RIN 1219-AB59
NOTE TO REVIEWER
MSHA is requesting approval of the attached collections of information under OMB control
number 1219-0145. This package contains paperwork burden that will be fully allocated to
existing ICRs under the following OMB control numbers: 1219-0066, 1219-0009, 1219-0127,
1219-0088, 1219-0054, and 1219-0073. The burden for conveyor belt applications is already
covered under the approved OMB control number of 1219-0066 under existing Part 18; the
final rule will just shift this burden to a new Part 14, within the same package. After the
collection of information is approved in the final rule stage, the burden will be allocated to
the appropriate existing OMB control numbers.
The final rule sections that contain information collection requirements along with the
OMB control number that they apply to are as follows:
OMB Control Number

Final Section

1219-0066

§ 14.4
§ 14.5
§ 14.10(b)

1219-0009

§ 48.27(a)

1219-0127

§ 75.156

1219-0088

§§ 75.350(a)(2); 75.350(b); 75.350(b)(7); 75.350(b)(8);
75.350(d)(1); 75.351(e)(1)(v); 75.370(a)(3) and (f),
75.371(jj); 75.371(mm); 75.371(nn); 75.371(yy);
75.380(f)(1); 75.381(e); and 75.1103-5(a)

1219-0054

§§ 75.1103-8(b); (c)

1219-0073

§ 75.1103-5(a)(2)(ii)

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SUPPORTING STATEMENT
Final rule: Flame-Resistant Conveyor Belt, Fire Prevention and Detection, and Use of
Air from the Belt Entry
A. Justification
1. Explain the circumstances that make the collection of information necessary. Identify
any legal or administrative requirements that necessitate the collection. Attach a copy of
the appropriate section of each statute and regulation mandating or authorizing the
collection of information.
The final rule implements recommendations of the Technical Study Panel (Panel) on
the Utilization of Belt Air and the Composition and Fire Retardant Properties of Belt
Materials in Underground Coal Mining. Under the Consolidated Appropriations Act of
2008, the Secretary must issue a final rule consistent with the recommendations of the Panel
not later than December 31, 2008.
MSHA proposed new standards on June 19, 2008 (73 FR 35026) for: conveyor belt
flammability; training Atmospheric Monitoring System (AMS) operators; levels of
respirable dust in belt entries; airlocks between air courses; minimum and maximum air
velocities; approval for the use of air from the belt entry to ventilate working sections;
monitoring and remotely closing point-feed regulators; smoke sensors; standardized tactile
signals on lifelines; replacing point-type heat sensors with carbon monoxide sensors; and
belt conveyor and belt entry maintenance.
MSHA is requesting approval of the information collection under OMB control
number 1219-0145. This package contains paperwork burden that will be fully allocated to
existing information collection requests (ICRs) under the following OMB control numbers:
1219-0066, 1219-0009, 1219-0127, 1219-0088, 1219-0054, and 1219-0073.
1219-0066 - Testing, Evaluation, and Approval of Mining Equipment
Applications for belt approval will be submitted under final § 14.4 by manufacturers
who intend to market their belts as approved for use in underground coal mines.
Applications will consist of specifications describing the belt or proposed changes to the
belt and formulation information about the compounds in the conveyor belt. This
information will be used by MSHA staff to evaluate the conveyor belt application. The
samples of belting accompanying the application will be processed to determine if the
conveyor belt met the flame resistant requirements and whether or not an approval should
be granted. The information required under the final rule is similar to the information
required from manufacturers seeking acceptance of conveyor belts under existing Part 18.
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Final § 14.5 requires that the applicant submit conveyor belt samples for flame testing if
requested by MSHA. Final § 14.10(b) requires that manufacturers make available to
MSHA, at no cost, samples of approved conveyor belt for audit. If a product is not
available because it is not currently in production, the manufacturer must notify MSHA
when it is available.
1219-0009 – Training Plans
Final § 48.27(a) prohibits miners from working as AMS operators until they receive
the training required by this section. Training should be included in the training program
required for this section, and records of training are required under existing § 48.29. MSHA
anticipates that the costs of this requirement are negligible since mine operators only have
to make minor changes to training plans submitted for approval under existing Part 48.
1219-0127 - Qualification/Certification Program and Man Hoist Operators Physical Fitness
Final § 75.156 requires that AMS operators be qualified and provided task training
in accordance with the mine operator’s approved Part 48 training plan. Records of
qualified persons are required under existing § 75.159. MSHA anticipates that the costs of
this requirement are negligible; mine operators will make only minor changes to records of
qualified persons required under existing standards.
1219-0088 – Ventilation Plans, Tests, and Examinations in Underground Coal Mines
Mine operators will need to update information in their mine ventilation plans
submitted under existing §§ 75.370(a) and (f) to include the requirements contained in
§§ 75.350(a)(2), 75.350(b), 75.350(b)(7), 75.350(b)(8), 75.350(d)(1), 75.371(jj), 75.371(mm),
75.371(nn), 75.371(yy), 75.380(f)(1), 75.381(e), and 75.1103-5(a). Final § 75.350(a)(2) requires
that, unless otherwise approved by the District Manager in the mine ventilation plan, the
air velocity in the belt entry be at least 50 feet per minute. The District Manager may
approve different velocities under modified § 75.371(jj). Final § 75.350(b) permits the use of
air from the belt entry to ventilate a working section only when evaluated and approved by
the District Manager in the mine ventilation plan. Final § 75.350(b)(7) requires that the air
velocity in the belt entry be at least 100 feet per minute. When requested by the mine
operator, the District Manager may approve lower velocities in the ventilation plan based
on specific mine conditions under modified § 75.371(jj). Final § 75.350(b)(8) requires that
the air velocity in the belt entry not exceed 1,000 feet per minute. The District Manager
may approve higher velocities in the ventilation plan based on specific mine conditions
under modified § 75.371(jj). Final §§ 75.380(f)(1) and 75.381(e) require that the primary
escapeway have higher ventilation pressure than the belt entry, unless the mine operator
submits an alternative in the mine ventilation plan to protect the integrity of the primary
escapeway based on mine specific conditions. The alternative must be approved by the
District Manager. Final § 75.371(yy) requires the mine ventilation plan to include the
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locations where the pressure differential cannot be maintained from the primary
escapeway to the belt entry. Final § 75.1103-5(a) requires that when the carbon monoxide
level reaches 10 parts per million above the ambient level at any sensor location, an
effective warning signal must be provided at specific locations. Mine operators are
required to establish the ambient level of carbon monoxide in the mine ventilation plan
under existing § 75.371(hh).
The following final requirements also relate to OMB control number 1219-0088.
However, MSHA anticipates that the costs of these requirements are negligible. Final
§ 75.350(d)(1) modifies an existing requirement. It requires the monitoring of the air
current that passes through the point-feed regulator for carbon monoxide or smoke at a
point within 50 feet upwind of the point-feed regulator. A second point must be monitored
1,000 feet upwind of the point-feed regulator unless the mine operator requests a lesser
distance be approved by the district manager in the mine ventilation plan based on mine
specific conditions. Final § 75. 371(jj) requires that the locations and approved air velocities
at those locations are above or below the limits set forth in final § 75.350(a)(2) or §
75.350(b)(7) and § 75.350(b)(8). Final § 75.371(mm) modifies an existing requirement that
the location of any diesel-discriminating sensors, and additional carbon monoxide or
smoke sensors, installed in the belt air course be identified in the mine ventilation plan.
Final § 75.371(nn) modifies an existing requirement that the length of the time delay or any
other method used to reduce the number of non-fire related alert and alarm signals from
carbon monoxide sensors be specified in the mine ventilation plan.
Final § 75.351(e)(1)(iv) requires that other sensor locations in any entry that is part of
the belt air course be specified in the mine ventilation plan. This burden cost is already
included in the estimates in 1219-0088 since it is simply renumbered from existing §
75.351(e)(4).
1219-0054 – Fire Protection
Final § 75.1103-8(b) requires that a record of the weekly automatic fire sensor
functional tests be maintained by the mine operator and kept for a period of one year.
Final § 75.1103-8(c) requires that a record of the monthly sensor calibrations be
maintained by the mine operator and kept for a period of one year.
1219-0073- Record of Mine Closure
Final § 75.1103-5(a)(2)(ii) requires that a map or schematic showing the locations of
sensors, and the intended air flow direction at these locations be maintained. This map or
schematic must be updated within 24 hours of any change.
2. Indicate how, by whom, and for what purpose the information is to be used. Except
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for a new collection, indicate the actual use the agency has made of the information
received from the current collection.
The respondents for the paperwork requirements of the final rule are conveyor belt
manufacturers and underground coal mine operators. Adjustments will be made to
existing information collections under the following OMB control numbers: 1219-0066,
1219-0009, 1219-0127, 1219-0088, 1219-0054, and 1219-0073.
Upon approval by the MSHA District Manager, the mine operator uses the approved
plan to implement programs for the initial training of AMS operators (final § 48.27) and
AMS operator qualifications (final § 75.156). Mine operators also provide annual
retraining for AMS operators (final § 75.351(q)). The training plans are necessary to assure
AMS operators perform their jobs effectively during a mine emergency.
Existing § 75.1108 requires mine operators to use flame-resistant conveyor belts
approved by MSHA. MSHA approval indicates that the manufacturer’s product has met
the Agency’s specifications under part 18 and will reduce fire hazards when used in an
underground coal mine. Conveyor belt acceptance application requirements are currently
contained in Part 18 and the associated paperwork is accounted for in OMB control number
1219-0066. These records assist MSHA in evaluating and accepting conveyor belts as
meeting the Part 18 flame test.
The records collected under OMB numbers 1219-0088, 1219-0054, and 1219-0073 will
be used by coal mine operators, miners, and state and federal mine inspectors. The records
reflect mine-specific ventilation requirements including approval to use air from the belt
entry to ventilate working sections; approved air velocities in the belt entry; and locations
where the pressure differential cannot be maintained between the primary escapeway and
belt entry. In addition, the information contained on a mine map or schematic shows the
locations of sensors and intended air flow direction in the belt entry. These additional
requirements will assist mine operators in tracking changes to their mines’ ventilation
systems in order to maintain the safety and health of miners working in underground coal
mines.
3. Describe whether, and to what extent, the collection of information involves the use
of automated, electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.
The final rule does not specify how records are to be kept. They could be kept in the
traditional manner or stored electronically, provided they are secure and not susceptible to
loss or alteration. MSHA encourages manufacturers and mine operators who store records
electronically to provide a mechanism to allow the continued storage and retrieval of
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records for a number of years.
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.
MSHA knows of no other Federal or State reporting requirements that will duplicate
the reporting requirements contained in the final rule. Approvals are granted on
individual conveyor belts and are unique to that belt. However, final § 14.4(c) provides
that an applicant for an extension of an approval only needs to submit information that
describes the proposed change to an approved conveyor belt, without being required to
submit an entire new application.
Training of miners is conducted under various sections of 30 CFR. The intent of
training can be general, task specific, or for purposes of qualification. The implementation
of the Panel’s recommendation for AMS operator training and qualification is through final
§§ 48.27(a) and 75.156. These sections complement each other and are not duplicative, even
though the requirements are under two different OMB control numbers, 1219-0009 –
Training Plans and 1219-0127 - Qualification/Certification Program and Man Hoist
Operators Physical Fitness.
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.
Section 103(e) of the Mine Act directs the Secretary of Labor not to impose an
unreasonable burden on small businesses when obtaining any information under the Act.
Accordingly, MSHA takes this into consideration when developing regulatory
requirements when appropriate and consistent with assuring the health and safety of
miners. MSHA’s approval regulations apply equally to all manufacturers regardless of
size. Thus, all conveyor belt manufacturers will have to meet MSHA’s requirements for
flame resistance in order for their product to be approved.
Under the final rule, a manufacturer will be permitted to apply for approval of a
“family” of belts (i.e., belts that are identical in construction except in certain aspects, such
as the number of plies). By allowing “families” of belts under one application, MSHA
expects that the time required to process and test belts will be minimized. In addition, a
manufacturer can also apply for an extension of approval. Both of these types of approval
will aid small manufacturers by reducing the amount of paperwork that is needed to be
submitted to the Agency as part of the application, and also will reduce the amount of
testing that is needed to be conducted.
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
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to reducing burden.
The Secretary established the Technical Study Panel in accordance with section 11 of
the Mine Improvement and New Emergency Response (MINER) Act of 2006. The Panel
conducted an independent scientific engineering review and issued its report on December
20, 2007. Under the Consolidated Appropriations Act of 2008, the Secretary was required
to propose regulations consistent with the recommendations of the Panel not later than
June 20, 2008, and to issue a final rule not later than December 31, 2008.
The consequence if the collections are not conducted or collected less frequently is
that the agency would not be able to finalize standards consistent with the Technical Study
Panel recommendations and thereby meets its statutory requirement. This would limit the
agency’s ability to determine: the flame-resistance of conveyor belts; whether AMS
operators are properly qualified; the performance of the carbon monoxide sensors; and
whether the use of air from the belt entry to ventilate working sections is appropriate.
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.
MSHA intends to continue its existing practice of treating information on product
specifications and performance as proprietary information and protect its disclosure to the
fullest extent possible under the law, in accordance with the Freedom of Information Act (5
U.S.C. 522). Collection of information under the final rule is consistent with the guidelines
in 5 CFR § 1320.5.
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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 proposed rule on
June 19, 2007 (73 FR 35026). This document notified the public that these information
collection requirements were being reviewed in accordance with the Paperwork Reduction
Act of 1995, and gave interested persons 60 days to submit comments.
Paperwork requirements contained in proposed §§ 14.4(b) and 75.350(b) received
comments. A commenter stated that the actual formulation data required to be submitted
to MSHA under proposed § 14.4(b) is more extensive than currently required and includes
competitively sensitive information. MSHA reviewed the commenters concern and while
existing § 18.6(c) does not specifically address the submission of the information the
commenter was concerned about, the Agency’s current application procedures for
acceptance of conveyor belts provide that the same formulation information be submitted
on the application form as is required in the final rule (Standard Application Procedure ASAP 5002). This policy was put into effect approximately 30 years ago as a way of
implementing requirements under Part 18 and provides the application procedures for
applying to MSHA for acceptance of flame-resistant conveyor belts. This information is
critical to the thorough evaluation of the application.
Another commenter stated that proposed § 14.4(b)(4) was confusing and that all
applications for approval under Part 14 should required the testing of all belt products,
regardless of the number of plies to see how each one reacts under a controlled lab test.
MSHA’s acceptance testing of belts over the last 30 years, under part 18, includes the
evaluation of similar belts. The use of the BELT method will also greatly increase safety to
miners by the approval of more-flame-resistant belting. Each belt application that is
submitted to MSHA is thoroughly evaluated according to existing application procedures
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to determine if additional testing is necessary or if an extension is justified. MSHA is
requiring the information under this section so that a full evaluation of such belting can be
conducted.
A commenter stated that MSHA doesn’t need the information required in § 14.4(b)
since approval is based solely on the BELT results using the submitted conveyor belt
samples. It is MSHA’s position that when requesting the approval of a flame-resistant
conveyor belt, the applicant submits all information necessary to properly evaluate a
conveyor belt. If, after receipt of an approval, the applicant requests approval of a similar
conveyor belt or an extension of approval for the original conveyor belt, the applicant will
not be required to submit documentation duplicative of previously submitted information.
Only information related to changes in the previously approved conveyor belt will be
required, avoiding unnecessary paperwork and duplicative testing. MSHA’s evaluation of
whether a belt is similar will determine if the application has to be processed as an
extension of approval or a new approval. This additional information will also be used to
evaluate applications for similar belts and extensions of approval.
Other commenters also were concerned with proposed § 75.350(b) that set out
additional requirements on the use of air from the belt entry to ventilation working
sections. They stated that the Agency should not allow the use of this air until MSHA
establishes standards, as part of the conveyor belt approval process, for smoke density and
smoke toxicity. The Agency recognizes that smoke density and toxicity can impact escape
during a mine fire. To address these matters, MSHA published a Request for Information
(73 FR 35057) to solicit input from the mining community and other interested parties. The
Agency will review all relevant information received in this separate rulemaking and make
an independent determination on potential MSHA actions.
However, MSHA believes that the use of air from the belt entry to ventilate working
sections is safer than not using belt air to ventilate working sections under very specific
conditions. As noted by the Panel, conditions such as high methane levels and deep
ground cover can present serious safety hazards to miners. The use of all available air in
these circumstances results in a safer mine environment respectively by reducing levels of
explosive methane and increasing the amount of air to the working section.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
MSHA does not provide payments or gifts to the respondents identified in the
collection of information.
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 confidentially provided to respondents beyond that
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required by the Freedom of Information Act (5 U.S.C. 522). Collection of information under
the final rule is consistent with the guidelines in 5 CFR § 1320.5.
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are commonly
considered private. This justification should include the reasons why the agency
considers the questions necessary, the specific uses to be made of the information, the
explanation to be given to persons form whom the information is requested, and any
steps to be taken to obtain their consent.
There are no questions of a sensitive nature with the collection of information
associated with the final rule.
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.
FINAL PART 14 PAPERWORK ESTIMATES
Final § 14.4 - Application procedures and requirements.
Under final § 14.4, manufacturers must submit applications for conveyor belt
approvals. This requirement is included with the existing paperwork requirements with
approved OMB control number 1219-0066. MSHA estimates that the number of original
applications filed in the first year will be 100; in the second year 50; and in the third year 30.
The number of applications for extension of approval or for approval of similar conveyor
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belt is estimated to be: 20 in the first year; 10 in the second year; and 10 in the third year.
MSHA estimates that to prepare and submit an application, it takes an engineer, earning
$50 per hour, 5 hours for an original application and 2 hours for an application for
extension approval or for approval of a similar conveyor belt.
Table 1 shows MSHA estimates 540 first-year burden hours and associated costs of
$27,000; 270 second-year burden hours and associated costs of $13,500; and 170 third year
burden hours and associated costs of $8,500 for manufacturers to submit applications for
conveyor belt approvals.
Table 1: Estimated Burden Hours and Cost under Final § 14.4
(a)
Description

(b)
No. of
Applications

Original
Application
Application for
Extension or
Similar Belt
Total

100

Original
Application
Application for
Extension or
Similar Belt
Total

50

Original
Application
Application for
Extension or
Similar Belt
Total
a
b

(c)
Hours per
Application

(d)
Burden
Hoursa

First Year
5

20

2

120
Second Year
5
2

60

$50

$25,000

40

$50

$2,000

$27,000

250

$50

$12,500

20

$50

$1,000

270
Third Year
5

10

2

40

FINAL PART 75 PAPERWORK ESTIMATES
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$13,500

150

$50

$7,500

20

$50

$1,000

170

Burden hours = col. b x col. c.
Burden cost = col. d x col. e.

(f)
Burden
Costb

500

540

10

30

(e)
Engineer
Hourly
Wage Rate

$8,500

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Final § 75.350 Belt Air Course Ventilation.
Final § 75.350(a)(2) requires that the belt entry air velocity be at least 50 feet per
minute. This requirement is related to the paperwork requirement under final § 75.371(jj)
with approved OMB control number 1219-0088, which requires that the mine ventilation
plan provide the locations where approved velocities are below this limit. MSHA estimates
20 minutes (0.33 hours) of a supervisor’s time, at an hourly wage of $85.14, at an estimated
240 affected mines to make revisions to the mine ventilation plan and 6 minutes (0.1 hours)
of a clerical employee’s time at an hourly wage of $26.37, to photocopy and submit the
revisions. Table 2 shows MSHA’s estimate of 105 first-year burden hours and associated
costs of $7,470 for mine operators to revise mine ventilation plans for this requirement.
Table 2: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plans in Accordance with Final § 75.350(a)(2); Impact on
Existing § 75.370(a)(2) via Final § 75.371(jj)
Mine
Size

# of Mines
Time for
Revising
Supervisor
Ventilation
to Make
Plan
Revision
(Hours
Per
Mine)

1-19
20-500
500+
TOTAL

105
135
240

0.33
0.33
0.33

Time for
Clerical
Employee
To Submit
Revision
(Hours Per
Mine)

Total FirstYear
Burden
Hours for
Supervisors

Total FirstYear
Burden
Hours for
Clerical
Employees

0.10
0.10
0.10

35
45
80

11
14
25

Total
FirstYear
Burden
Hours

Total
FirstYear
Cost

46 $3270
59 $4,200
$0
105 $7,470

Final § 75.350(b) requires that the justification to use air from the belt entry to
ventilate working sections be provided in the mine ventilation plan submitted by the mine
operator to the District Manager for evaluation and approval. This requirement is related
to the paperwork requirement under existing § 75.371 with approved OMB control number
1219-0088. This provision requires that the mine ventilation plan provide all information
required by the District Manager. MSHA estimates that 49 mines will take 60 minutes (1.0
hours) of a supervisor’s time (at an hourly wage of $85.14) to make revisions to the mine
ventilation plan and 6 minutes (0.10 hours) of a clerical employee’s time (at an hourly wage
of $26.37) to photocopy and submit revisions. Table 3 shows MSHA’s estimate of 56 firstyear burden hours and associated costs of $4,357 for mine operators to revise mine
ventilation plans for this requirement.

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Table 3: Estimated First-Year Burden Hours and Costs for Mine Operators to
Revise Mine Ventilation Plans in Accordance with Final § 75.350(b)
Impact on Existing § 75.370(a)(2) via Final § 75.371
Mine
Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

3
45
1
49

1.00
1.00
1.00

1-19
20-500
500+
TOTAL

Time for
Clerical
Employee
To Submit
Revision
(Hours
Per
Mine)
0.10
0.10
0.10

Total FirstYear
Burden
Hours for
Supervisors

Total FirstYear
Burden
Hours for
Clerical
Employees

Total
FirstYear
Burden
Hours

3
45
1
49

1
5
1
7

4
50
2
56

Total
FirstYear
Cost

$282
$3,963
$112
$4,357

Final § 75.350(b)(7) requires the air velocity in the belt entry to be at least 100 feet
per minute in mines that use air from the belt entry to ventilate working sections. This
requirement is related to the information collection requirement under final § 75.371(jj) with
approved OMB control number 1219-0088, which requires that the mine ventilation plan
provide the locations where approved velocities are below this limit. MSHA estimates that
12 mines will be affected and that it takes 20 minutes (0.33 hours) of a supervisor’s time (at
an hourly wage of $85.14) to make revisions to the mine ventilation plan and 6 minutes
(0.10 hours) of a clerical employee’s time (at an hourly wage of $26.37) to photocopy and
submit revisions. Table 4 shows MSHA’s estimate of 7 first-year burden hours and
associated costs of $479 for mine operators to revise mine ventilation plans for this
requirement.

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OMB Control Number 1219-0145
RIN 1219-AB59
Table 4: Estimated First-Year Burden Hours and Cost for Mine Operators to
Revise Mine Ventilation Plans in Accordance with Final § 75.350(b)(7)
Impact on Existing § 75.370(a)(2) via Final § 75.371(jj)
Mine
Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours
Per
Mine)

Time for
Clerical
Employee
To Submit
Revision
(Hours Per
Mine)

Total FirstYear
Burden
Hours for
Supervisors

Total FirstYear
Burden
Hours for
Clerical
Employees

Total
FirstYear
Burden
Hours

Total
FirstYear
Cost

1
11
12

0.33
0.33
0.33

0.10
0.10
0.10

1
4
5

1
1
2

2
5
7

$112
$367
$0
$479

1-19
20-500
500+
TOTAL

Final § 75.350(b)(8) requires that the air velocity in the belt entry not exceed 1,000
feet per minute in mines that use air from the belt entry to ventilate working sections. This
requirement is related to the information collection requirement under final § 75.371(jj) with
approved OMB control number 1219-0088, which requires that the mine ventilation plan
provide the locations where approved velocities are above this limit. MSHA estimates that
3 mines will be affected and that it will take 20 minutes (0.33 hours) of a supervisor’s time
(at an hourly wage of $85.14) to make revisions to the mine ventilation plan and 6 minutes
(0.10 hours) of a clerical employee’s time (at an hourly wage of $26.37) to photocopy and
submit revisions. Table 5 shows MSHA’s estimate of 2 first-year burden hours and
associated costs of $112 for mine operators to revise mine ventilation plans for this
requirement.

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OMB Control Number 1219-0145
RIN 1219-AB59
Table 5: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plans in Accordance with Final § 75.350(b)(8) Impact on
Existing § 75.370(a)(2) via Final § 75.371(jj)
Mine
Size

# of Mines
Revising
Ventilation
Plan

1-19
20-500
500+
TOTAL

3
3

Time for
Supervisor
to Make
Revision
(Hours
Per
Mine)

Time for
Clerical
Employee
To Submit
Revision
(Hours Per
Mine)

Total FirstYear
Burden
Hours for
Supervisors

Total FirstYear
Burden
Hours for
Clerical
Employees

Total
FirstYear
Burden
Hours

Total
FirstYear
Cost

0.33
0.33
0.33

0.10
0.10
0.10

1
1

1
1

2
2

$0
$112
$0
$112

Final §§ 75.380(f)(1) and 75.381(e) Primary Escapeway.
Final §§ 75.380(f)(1) and 75.381(e) require that the primary escapeway have higher
ventilation pressure than the belt air course unless the mine operator submits an alternative
in the mine ventilation plan to protect the integrity of the primary escapeway, based on the
mine specific conditions. Final § 75.371(yy), with approved OMB control number 12190088, allows a modification in the ventilation plan to include the locations where the
pressure differential cannot be maintained from the primary escapeway to the belt entry.
MSHA estimates that 474 mines will be affected and that it takes 20 minutes (0.33 hours) of
a supervisor’s time (at an hourly wage of $85.14) to make revisions to the mine ventilation
plan and 6 minutes (0.10 hours) of a clerical employee’s time (at an hourly wage of $26.37)
to photocopy and submit revisions. Table 6 shows MSHA’s estimate of 204 first-year
burden hours and associated costs of $14,606 for mine operators to revise mine ventilation
plans for this requirement.

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OMB Control Number 1219-0145
RIN 1219-AB59
Table 6: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise Mine
Ventilation Plans in Accordance with Final §§ 75.380(f)(1) and 75.381(e) Impact on Existing
§ 75.370(a)(2) via Final § 75.371(yy)
Mine
Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours
Per
Mine)

Time for
Clerical
Employee
To Submit
Revision
(Hours Per
Mine)

Total FirstYear
Burden
Hours for
Supervisors

Total FirstYear
Burden
Hours for
Clerical
Employees

112
352
10
474

0.33
0.33
0.33

0.10
0.10
0.10

37
117
3
157

11
35
1
47

1-19
20-500
500+
TOTAL

Total
FirstYear
Burden
Hours

48
152
4
204

Total
FirstYear
Cost

$3,440
$10,884
$282
$14,606

Final § 75.1103-5 Automatic Fire Warning Devices; Actions and Responses.
Final § 75.1103-5 (a) requires that when the carbon monoxide level reaches 10 parts
per million above the ambient level at any sensor location, an effective warning signal must
be provided at specific locations. The ambient level must be included in the mine
ventilation plan as required under existing § 75.371(hh) (approved OMB control
number 1219-0088). MSHA estimates that for the 479 affected mines, it will take a mine
supervisor, earning $85.14 an hour, 20 minutes (0.33 hours) to revise the mine ventilation
plan and a clerical worker, earning $26.37 an hour, 6 minutes (0.1 hours) to photocopy and
submit a revision. Table 7 shows MSHA’s estimate of 208 first-year burden hours and its
associated costs of $14,889 to revise the mine ventilation plan.

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OMB Control Number 1219-0145
RIN 1219-AB59
Table 7: Estimated First-Year Burden Hours and Cost for Mine Operators to
Revise Mine Ventilation Plans in Accordance with Final § 75.1103-5 (a)
Impact on Existing § 75.370(a)(2) via Existing § 75.371(hh)
Mine
Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Per
Mine)

210
269
0
479

0.33
0.33
0.33

1-19
20-500
500+
TOTAL

Time for
Clerical
Employee
To Copy
& Submit
Revision
(Per
Mine)
0.10
0.10
0.10

Total FirstYear
Burden
Hours for
Supervisors

Total FirstYear
Burden
Hours for
Clerical
Employees

Total
FirstYear
Burden
Hours

70
90
160

21
27
48

91
117
208

Total
FirstYear
Cost

$6,514
$8,375
$0
$14,889

Final § 75.370 Mine Ventilation Plan; Submission and Approval.
The final requirements that requires revising mine ventilation plans also affect
existing §§ 75.370(a)(3) and (f) with approved OMB control number 1219-0088, requiring
mine operators to post all revisions of the mine ventilation plan and providing a copy to a
miners’ representative, upon request, prior to submitting a mine ventilation plan and any
revision to a mine ventilation plan. MSHA estimates that miners’ representatives are going
to make this request for 30 percent of the revisions. In addition, prior to implementing an
approved ventilation plan or a revision to a ventilation plan, mine operators must post it on
the mine bulletin board. This burden requirement is also included under approved OMB
control number 1219-0088. MSHA estimates that it will take a clerical worker (at an hourly
wage of $26.37) 6 minutes to either photocopy and post a plan, or provide a revised copy of
mine ventilation plan to miners’ representative. Table 8-A shows MSHA’s estimate of 126
first-year burden hours and its associated costs of $3,322 to comply with existing
§ 75.370(a)(3) and (f) requirements to post the revisions. Table 8-B shows MSHA’s estimate
of 39 first-year burden hours and its associated costs of $1,028 to comply with existing
§ 75.370(a)(3) and (f) requirements to provide copies to miners’ representatives upon
request.

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OMB Control Number 1219-0145
RIN 1219-AB59
Table 8-A: Estimated First-Year Burden Hours and Costs for Mine Operators to
Post Mine Ventilation Plans in Accordance with Existing § 75.370(a)(3) and (f)
Mine Size

# of
Mines
Revising
Plans

# of Revisions
to Mine
Ventilation
Plans

1-19
20-500
500+
All Mines

223
391
10
624

431
815
11
1,257

Time to Copy
Total
& Post
FirstRevisions
Year
(Hours Per
Burden
Revision)
Hours
0.10
43
0.10
82
0.10
1

126

Total
FirstYear
Cost

$1,134
$2,162
$26
$3,322

Table 8-B: Estimated First-Year Burden Hours and Costs for Mine Operators to Provide Copies to
Miners’ Representatives in Accordance with Existing § 75.370(a)(3) and (f)
Mine
Size

Number of
Time to Copy
Total
Percentage of
Revisions
& Provide
FirstRevisions
Revisions to
Year
Where a Copy Where a Copy
Miners’
Burden
is Provided to is Provided to
Miners’
Representative Hours
Miners’
(Hours Per
Representative Representative
Revision)
431
30%
129
0.10
13
815
30%
245
0.10
25

# of
# of
Mines
Revisions
Revising
to Mine
Plans
Ventilation
Plans

1-19
20500
500+
All
Mines

223
391
10
624

11
1,257

30%

3
377

0.10

Total
FirstYear
Cost

$343
$659

1
$26
39 $1,028

Final § 75.1103-5(a)(2)(ii) requires a map or schematic to show the locations of
sensors and the intended direction of air flow. The map or schematic must also be updated
within 24 hours of any changes. MSHA expects that these notations will be added to the
mine map required under existing §§ 75.1200 and 75.372 (approved OMB control number
1219-0073). MSHA estimates, for the 479 non-AMS mines, that it will take 30 minutes of an
engineer’s time (at an hourly wage of $50.00) to update the map initially and 5 minutes of
an engineer’s time to update the map monthly (or 1 hour a year) every year starting in the
first year. Table 9-A shows MSHA’s estimate of initial burden hours and costs of 240 hours
and $12,000. Table 9-B shows MSHA’s estimate of annual burden hours and costs of 479
hours and $23,950 in the first year and every year thereafter, for mine operators to update
mine maps or schematics. The first year burden hours and costs are the sum of the initial
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OMB Control Number 1219-0145
RIN 1219-AB59
costs and the annual costs for monthly updating, 719 hours and $35,950.
Table 9-A: Estimated Initial Burden Hours and Costs for Mine Operators to Update Map or
Schematic with Locations of CO Sensors in Accordance with Final § 75.1103-5(a)(2)(ii)
Mine
Size

1-19
20-500
500+
All
Mines

# of NonAMS Mines
Revising
Plan
210
269
479

Initial
Hours
Per
Mine
0.5
0.5
0.5

Initial
Burden
Hours
105
135
0
240

Initial
Cost

$5,250
$6,750
0
$12,000

Table 9-B: Estimated Annual Burden Hours and Costs for Mine Operators to Update Map or
Schematic with Locations of CO Sensors in Accordance with Final § 75.1103-5(a)(2)(ii)
Mine
Size

1-19
20-500
500+
All
Mines

# of NonAMS Mines
Revising
Plan
210
269
479

Initial
Hours
Per
Mine
1.0
1.0
1.0

Annual
Burden
Hours
210
269
479

Annual
Cost

$10,500
$13,450
$0
$23,950

Final § 75.1103-8 Automatic Fire Sensor and Warning Device Systems; Inspection
and Test Requirements.
Final § 75.1103-8(b) requires that the operator maintain a record of the test
performed in final § 75.1103-8(a). This requirement is related to the burden requirements
under existing § 75.1103-8 with approved OMB control number 1219-0054. MSHA
estimates that 479 mines will be affected and that it will take 48 seconds (0.0133 hours) of a
supervisor’s time (at an hourly wage of $85.14) to record each alarm tested. In addition,
MSHA estimates that mines with 1-19 employees test one alarm per week; mines with 20500 employees test two alarms per week; and mines with over 500 employees test four
alarms per week. Table 10 shows MSHA’s estimate of 517 annual burden hours and
associated costs of $44,017 for mine operators to record the testing of carbon monoxide
systems.
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OMB Control Number 1219-0145
RIN 1219-AB59
Table 10: Estimated Annual Burden Hours and Costs for Mine Operators to Record Weekly
Testing of Carbon Monoxide Systems in Accordance with Final § 75.1103-8(b)
Mine
Size

Incremental
# of Mines
Installing CO
Systems

1-19
20-500
500+
All
Mines

210
269
479

Alarms
Tested Per
Week

Recording
Time per
Test
(Hours)

1
2
4

0.0133
0.0133
0.0133

Weeks
per Year

Total
Annual
Burden
Hours

52
52
52

145
372
517

Annual
Cost

$12,345
$31,672
$0
$44,017

Final § 75.1103-8(c) requires the calibration of carbon monoxide sensors at intervals
of no more than 31 days. This burden requirement is included under approved OMB
control number 1219-0054. The operator must keep a record of the carbon monoxide sensor
calibrations for one year. MSHA estimates that 8,451 carbon monoxide sensors will be
affected and that it will take 48 seconds (0.16 hours) of a supervisor’s time (at an hourly
wage of $85.14) to record each calibration. Table 11 shows MSHA’s estimate of 1,352
annual burden hours and associated costs of $115,109 for mine operators to record the
calibration of sensors.
Table 11: Estimated Annual Burden Hours and Costs for Mine Operators to Record Monthly
Calibration of Carbon Monoxide Systems in Accordance with Final § 75.1103-8(c)
Mine Size

Incremental #
CO Sensors

1-19
20-500
500+
All Mines

1,068
7,076
307
8,451

Annual Hours
Spent to
Record
Calibration
(per Sensor)
0.16
0.16
0.16

Total Annual
Burden Hours

Annual
Cost

171 $14,559
1,132 $96,378
49
$4,172
1,352 $115,109

Summary of Final Parts 14 and 75 Estimated Burden Hours and Responses.
In Tables 12, 13 and 14, MSHA estimates that the final rule will result for
manufacturers and mine operators in 3,875 burden hours in the first year, 2,618 burden
hours in the second year, and 2,518 burden hours in the third and subsequent years that
the rule is in effect. MSHA estimates that the final rule will result in 148,690 responses in
the first year, 146,116 responses in the second year, and 146,096 responses every year
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OMB Control Number 1219-0145
RIN 1219-AB59
thereafter that the rule is in effect.
Table 12: Estimated First-Year Number of Respondents,
Responses, Burden Hours, and Costs
Paperwork Requirements

§14.4
§75.350(a)(2)
§75.350(b)
§75.350(b)(7)
§75.350(b)(8)
§75.370(a)(3) & (f)
§§75.380(f)(1) & 75.381 (e)
§75.1103-5(a)
§75.1103-5(a)(2)(ii)
§75.1103-8(b)
§75.1103-8(c)
TOTAL

Existing
Approved
Paperwork
Packages
1219-0066
1219-0088
1219-0088
1219-0088
1219-0088
1219-0088
1219-0088
1219-0088
1219-0073
1219-0054
1219-0054

# of
Respondents

# of
Responses

10
240
49
12
3
624
474
479
479
479
544
634

120
240
49
12
3
1,257
474
479
5,748
38,896
101,412
148,690

FirstYear
Burden
Hours
540
105
56
7
2
165
204
208
719
517
1,352
3,875

FirstYear
Cost
$27,000
$7,470
$4,357
$479
$112
$4,350
$14,606
$14,889
$35,950
$44,017
$115,109
$268,339

Table 13: Estimated Second-Year Number of Respondents,
Responses, Burden Hours, and Costs
Paperwork Requirements

§14.4
§75.1103-5(a)(2)(ii)
§75.1103-8(b)
§75.1103-8(c)
TOTAL

Existing
Approved
Paperwork
Packages
1219-0066
1219-0073
1219-0054
1219-0054

# of
Respondents

# of
Responses

10
479
479
544
554

60
5,748
38,896
101,412
146,116

October 2008
21

SecondYear
Burden
Hours
270
479
517
1,352
2,618

SecondYear
Cost
$13,500
$23,950
$44,017
$115,109
$196,576

OMB Control Number 1219-0145
RIN 1219-AB59
Table 14: Estimated Third-Year Number of Respondents, Responses,
Burden Hours, and Costs
Paperwork Requirements

§14.4
§75.1103-5(a)(2)(ii)
§75.1103-8(b)
§75.1103-8(c)
TOTAL

Existing
Approved
Paperwork
Packages
1219-0066
1219-0073
1219-0054
1219-0054

# of
Respondents

# of
Responses

10
479
479
544
554

40
5,748
38,896
101,412
146,096

ThirdYear
Burden
Hours
170
479
517
1,352
2,518

ThirdYear
Cost
$8,500
$23,950
$44,017
$115,109
$191,576

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers
resulting from the collection of information. (Do not include the cost of any hour
burden shown in Items 12 and 14).
• The cost estimate should be split into two components: (a) a total capital and
start-up cost component (annualized over its expected useful life); and (b) a
total operation and maintenance and purchase of services component. The
estimates should take into account costs associated with generating,
maintaining, and disclosing or providing the information. Include
descriptions of methods used to estimate major cost factors including
system and technology acquisition, expected useful life of capital
equipment, the discount rate(s), and the time period over which costs will
be 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
October 2008
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OMB Control Number 1219-0145
RIN 1219-AB59
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.
FINAL PART 14 ANNUAL COST BURDEN ESTIMATES
Final Part 14 – Requirements for the Approval of Flame-Resistant Conveyor Belts.
Under final § 14.4(f), MSHA charges applicants fees for testing and evaluating their
conveyor belt applications. This requirement includes with the existing paperwork
requirements with approved OMB control number 1219-0066. MSHA’s fees are $84 per
hour, and a support factor of 1.617 applies only to the evaluation time. MSHA estimates
that each original application involves 4 hours of evaluation, and 3 hours of testing. MSHA
further estimates that half of the applications for extension approval or approval of similar
belt involve 3 hours of testing and 3 hours of evaluation, and the other half involve only 3
hours of evaluation.
Thus, MSHA’s fee includes: $795 for an original application; $659 for an extension
approval or approval of similar belt application that involves testing and evaluation; and
$407 for an extension approval or approval of similar belt application that involves only
evaluation. In addition, MSHA assumes that, in 10 percent of the applications, the Agency
will request additional information, resulting in double the time to test and evaluate those
applications.
Table 15 shows that MSHA’s testing and evaluation fees for applicants are: $99,176
in the first year; $49,589 in the second year; and $32,099 in the third year that the rule is in
effect.

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OMB Control Number 1219-0145
RIN 1219-AB59
Table 15: Estimated MSHA Fee Cost for Conveyor Belt Application under Final § 14.4(f)
(a)
Detail

(b)
No. of Applications

(c)
Costs per
Application

(d)
Total Costa

(e)
Total Cost
Increased by
10 percent

FIRST YEAR
Original Application

100

$795

$79,500

$87,450

Application for Extension
or Similar Belt Involving
Testing & Evaluation
Application for Extension
or Similar Belt Involving
Evaluation
Total

10

$659

$6,590

$7,249

10

$407

$4,070

$4,477

120

$90,160

$99,176

Original Application

50

$795

$39,750

$43,725

Application for Extension
or Similar Belt Involving
Testing & Evaluation
Application for Extension
or Similar Belt Involving
Evaluation
Total

5

$659

$3,295

$3,625

5

$407

$2,035

$2,239

$45,080

$49,589

SECOND YEAR

60
THIRD YEAR

Original Application
Application for Extension
or Similar Belt Involving
Testing & Evaluation
Application for Extension
or Similar Belt Involving
Evaluation
Total
a Cost = col.b x col.c.

30
5

$795
$659

$23,850
$3,295

$26,235
$3,625

5

$407

$2,035

$2,239

$29,180

$32,099

40

Under final § 14.5, upon request by MSHA, the applicant must submit conveyor belt
samples for flame testing. This requirement includes with the existing paperwork
requirements with approved OMB control number 1219-0066. MSHA estimates that an
applicant’s cost to send MSHA conveyor belt samples for testing will be $185 for each
conveyor belt application ($125 for the conveyor belt samples and $60 for shipping costs).
MSHA estimates that the number of applications requiring testing of the conveyor belt is:
110 in the first year; 55 in the second year; and 35 in the third year. In addition, MSHA
assumes that for 10 percent of these applications, the applicant will need to submit
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OMB Control Number 1219-0145
RIN 1219-AB59
additional conveyor belt samples. Table 16 shows that the cost for applicants to submit
conveyor belt samples for testing is: $22,385 in the first year; $11,193 in the second year;
and $7,123 in the third year that the rule is in effect.
Table 16: Estimated Cost to Test Conveyor Belt Samples under Final § 14.5
(a)

(b)
No. of Applications
That Involve
Testing
110

Year

First Year

(c)
Costs to Test
Belt

(d)
Total Costa

$185

$20,350

(e)
Total Cost
Increased by
10 percent
$22,385

Second Year

55

$185

$10,175

$11,193

Third Year

35

$185

$6,475

$7,123

a Cost = col.b x col.c.

Under final § 14.10(b), no more than once a year, except for cause, the approval
holder, at MSHA’s request, must make available to the Agency samples of an approved
conveyor belt for audit. This requirement will be included with the existing burden
requirements with approved OMB control number 1219-0066. MSHA estimates that 6 belts
will be submitted each year for audit, starting with the second year. As noted above, the
cost to submit conveyor belt samples is $185 for each submission. Table 17 shows the cost
for approval holders to submit conveyor belt samples for audit is $1,110 per year,
beginning in the second year that the rule is in effect.
Table 17: Estimated Cost to Submit Belt Samples for Audit under Final § 14.10(b)
(a)
Year

First Year

(b)
No. of Belts
Submitted for
Audit
0

(c)
Costs to
Submit Belt

(d)
Total Costa

$185

$0

Second Year

6

$185

$1,110

Third Year

6

$185

$1,110

a Total Cost = col.b x col.c.

FINAL PART 75 ANNUAL COST BURDEN ESTIMATES
Final § 75.350 Belt Air Course Ventilation.
Final § 75.350(a)(2) requires air velocity in the belt entry be at least 50 feet per
October 2008
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OMB Control Number 1219-0145
RIN 1219-AB59
minute, unless otherwise approved in the mine ventilation plan. This requirement is
related to the burden requirement under final § 75.371(jj) with approved OMB control
number 1219-0088, which will require that the mine ventilation plan provide the locations
where approved velocities are below this limit. MSHA estimates it will take four pages for
each of the 240 affected mines to make revisions to the mine ventilation plan. The postage
and handling to send the revised training plan to the District Manager will be $1.50. MSHA
estimates $504 in burden cost in the first year to revise mine ventilation plans for this
requirement.
(240 mines x 4 pages x $0.15 per page) + (240 mines x $1.50) = $504
Final § 75.350(b) requires the use air from the belt entry to ventilate a working
section be evaluated and approved by the District Manager and justification provided in
the mine ventilation plan. This requirement is related to the burden requirement under
existing § 75.371 with approved OMB control number 1219-0088. MSHA estimates that it
takes four pages for each of the 49 affected mines to make revisions to the mine ventilation
plan. The postage and handling to send the revised training plan to the District Manager
will be $1.50. MSHA estimates $103 in burden cost in the first year to revise mine
ventilation plans for this requirement.
(49 mines x 4 pages x $0.15 per page) + (49 mines x $1.50) = $103
Final § 75.350(b)(7) requires air velocity in the belt entry must be at least 100 feet per
minute in mines that use air from the belt entry, unless otherwise approved in the mine
ventilation plan. This requirement is related to the burden requirement under final
§ 75.371(jj) with approved OMB control number 1219-0088. MSHA estimates that it takes
four pages for each of the 12 affected mines to make revisions to the mine ventilation plan.
The postage and handling to send the revised training plan to the District Manager will be
$1.50. MSHA estimates $25 in burden cost in the first year to revise mine ventilation plans.
(12 mines x 4 pages x $0.15 per page) + (12 mines x $1.50) = $25
Final § 75.350(b)(8) requires that air velocity in the belt entry not exceed 1,000 feet
per minute in mines that use air from the belt entry, unless otherwise approved in the mine
ventilation plan. This requirement is related to the burden requirement under final § 75.370
with approved OMB control number 1219-0088. MSHA estimates that it takes four pages
for each of the three affected mines to make revisions to the mine ventilation plan. The
postage and handling to send the revised training plan to the District Manager will be
$1.50. MSHA estimates $6 in burden cost in the first year to revise mine ventilation plans
for this requirement.
(3 mines x 4 pages x $0.15 per page) + (3 mines x $1.50) = $6
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Final § 75.370 Mine Ventilation Plan; Submission and Approval.
The final requirements that require revising mine ventilation plans also affect
existing §§ 75.370(a)(3) and (f) with approved OMB control number 1219-0088, requiring
mine operators to post all revisions of the mine ventilation plan and providing a copy to
miners’ representative, upon request, prior to submitting a mine ventilation plan and any
revision to the mine ventilation plan. MSHA estimates that miners’ representatives are
going to make this request for 30 percent of the revisions. In addition, prior to
implementing an approved ventilation plan or a revision to a ventilation plan, mine
operators must post it on the mine bulletin board. This burden requirement is included
under approved OMB control number 1219-0088. MSHA estimates that the 624 affected
mines will generate 1,257 revisions. Combining the two burden requirements, MSHA
estimates that mine operators will photocopy 6,285 pages in the first year. MSHA estimates
$943 in burden cost in the first year to comply with existing § 75.370(a)(3) and (f).
6,285 pages x $0.15 per page = $943
Final §§ 75.380(f)(1) and 75.381(e) Primary Escapeway.
Final §§ 75.380(f)(1) and 75.381(e) require that the primary escapeway have higher
ventilation pressure than the belt entry unless the mine operator submits an alternative in
the mine ventilation plan to protect the integrity of the primary escapeway, based on the
mine specific conditions, which is approved by the District Manager. Final § 75.371(yy),
with approved OMB control number 1219-0088, will require a modification in the
ventilation plan to include the locations where the pressure differential cannot be
maintained from the primary escapeway to the belt entry. MSHA estimates that it takes
four pages for each of the 474 affected mines to make revisions to the mine ventilation plan.
The postage and handling to send the revised training plan to the District Manager will be
$1.50. MSHA estimates $995 in burden cost in the first year to revise mine ventilation plans
for this requirement.
(474 mines x 4 pages x $0.15 per page) + (474 mines x $1.50) = $995
Final § 75.1103-5 Automatic Fire Warning Devices; Actions and Responses.
Final § 75.1103-5(a) requires that when the carbon monoxide level reaches 10 parts
per million above the ambient level at any sensor location, an effective warning signal must
be provided at specific locations. The ambient level must be included in the mine
ventilation plan as required under existing § 75.371(hh) (approved OMB control number
1219-0088). MSHA estimates that for the 479 affected mines, it takes four pages to revise
the mine ventilation plan and it will cost $1.50 to mail it to the District Manager. MSHA
estimates $1,006 in burden cost in the first year to revise the mine ventilation plan.
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(479 mines x 4 pages x $0.15 per page) + (479 mines x $1.50) = $1,006
Final § 75.1103-5(a)(2)(ii) requires a map or schematic to show the locations of
sensors and the intended direction of air flow. The map or schematic must also be updated
within 24 hours of any changes in sensor locations. MSHA expects that these notations will
be added to the mine map required under existing §§ 75.1200 and 75.372 (approved OMB
control number 1219-0073). MSHA estimates, for the 479 non-AMS mines, it initially costs
$10 in material to produce a map on special paper. The annual cost for mine map paper is
not part of this estimate because it is currently required by existing § 75.1200. MSHA
estimates $4,790 in burden cost in the first year to update mine maps or schematics.
479 mines x $10 per map = $4,790
Final § 75.1103-8 Automatic Fire Sensor and Warning Device Systems; Inspection
and Test Requirements.
Final § 75.1103-8(b) will require that a record of the test performed in final
§ 75.1103-8(a) be maintained and kept by the operator for one year. This requirement is
related to the burden requirement under existing § 75.1103-8 with approved OMB control
number 1219-0054. MSHA estimates that 479 mines test 748 automatic fire sensors per
week, and that it takes 8 pages, per automatic fire sensor, annually to record each alarm
tested. MSHA estimates $898 in burden cost annually to record the testing of carbon
monoxide systems.
748 automatic fire sensors tested x 8 pages per year x $0.15 per page = $898
Final § 75.1103-8(c) with approved OMB control number 1219-0054 requires the
calibration of sensors at intervals of no more than 31 days. This requirement is related to
the burden requirement under existing § 75.1103-8 with approved OMB control
number 1219-0054. The operator must keep a record of the sensor calibrations for one year.
MSHA estimates that 479 mines with 8,451 carbon monoxide sensors will be affected. In
addition, each mine needs two pages per sensor to record the calibration each year. MSHA
estimates $2,535 in annual burden cost for mine operators to record the calibration of
sensors.
8,451 carbon monoxide sensors x 2 pages x $0.15 per page = $2,535
Summary of Burden Costs.
Final rule requirements will have a burden cost of $133,366 in the first year, $65,325
in the second year, and $43,765 in the third year after the rule is finalized. Tables 18 and 19
summarize these burden costs by section.
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Table 18: Estimated First-Year Burden Costs
Paperwork Requirements

§14.4(f)
§14.5
§75.350(a)(2)
§75.350(b)
§75.350(b)(7)
§75.350(b)(8)
§75.370(a)(3) & (f)
§§75.380(f)(1) & 75.381 (e)
§75.1103-5(a)
§75.1103-5(a)(2)(ii)
§75.1103-8(b)
§75.1103-8(c)
TOTAL

Existing
Approved
Paperwork
Packages
1219-0066
1219-0066
1219-0088
1219-0088
1219-0088
1219-0088
1219-0088
1219-0088
1219-0088
1219-0073
1219-0054
1219-0054

FirstYear
Burden
Cost
$99,176
$22,385
$504
$103
$25
$6
$943
$995
$1,006
$4,790
$898
$2,535
$133,366

Table 19: Estimated Second- and Third-Year Burden
Paperwork
Requirements
§14.4(f)
§14.5
§14.10(b)
§75.1103-8(b)
§75.1103-8(c)
TOTAL

Existing Approved
Paperwork
Packages
1219-0066
1219-0066
1219-0066
1219-0054
1219-0054

Second-Year
Burden Cost
$49,589
$11,193
$1,110
$898
$2,535
$65,325

Third-Year
Burden Cost
$32,099
$7,123
$1,110
$898
$2,535
$43,765

14. Provide estimates of annualized cost to the Federal government. Also, provide a
description of the method used to estimate cost, which should include quantification of
hours, operational expenses (such as equipment, overhead, printing, and support staff),
and any other expense that would not have been incurred without this collection of
information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a
single table.
MSHA currently processes conveyor belt applications under Part 18. When the final
rule becomes effective, MSHA will process these applications under Part 14, instead of Part
18. MSHA anticipates that there will be no additional cost to the Federal government.
Concerning the information collection requirements of the final rule, the cost of using
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MSHA’s Approval and Certification Center to process applications for approval of
conveyor belt will be covered fully by applicant testing and evaluation fees; therefore, there
is no additional cost to the Federal Government.
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or
14 of the OMB Form 83-I.
The final rule establishes additional information collection requirements for
conveyor belt approvals under Part 14. The final rule also establishes additional
information collection requirements for underground coal mine operators under Part 75.
Currently, conveyor belt applications are processed under Part 18 requirements that
are included in OMB control number 1219-0066.
Under the new requirements there will be an additional burden for 634 Respondents
and 148,690 Responses. MSHA estimates that in the first year that the final rule will be in
effect, there will be 3,875 burden hours, and $133,366 in burden costs.
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 the information collection associated
with the final rule.
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 forms associated with the information collection associated with the
final rule; 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 the information collection
associated with the final rule.
B. Collection of Information Employment Statistical Methods
The agency should be prepared to justify its decision not to use statistical methods in
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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 nonresponse. The accuracy and reliability of information collected must be shown to be
adequate for intended uses. For collections based on sampling, a special justification
must be provided for any collection that will not yield "reliable" data that can be
generalized to the universe studied.
4. Describe any tests of procedures or methods to be undertaken. Testing is encouraged
as an effective means of refining collections of information to minimize burden and
improve utility. Tests must be approved if they call for answers to identical questions
from 10 or more respondents. A proposed test or set of tests may be submitted for
approval separately or in combination with the main collection of information.
5. Provide the name and telephone number of individuals consulted on statistical
aspects of the design and the name of the agency unit, contractor(s), grantee(s), or other
person(s) who will actually collect and/or analyze the information for the agency.
As statistical analysis is not required by the regulation, questions 1 through 5 do not
apply.
Final Regulations
For the reasons set out in the preamble, and under the authority of the Federal Mine Safety
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and Health Act of 1977 as amended by the Mine Improvement and New Emergency
Response Act of 2006, MSHA is amending chapter I of title 30 of the Code of Federal
Regulations as follows.

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