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SUPPORTING STATEMENT
30 CFR Sections 57.5060, 57.5065, 57.5066, 57.5067, 57.5070, 57.5071, and 57.5075 - Health
Standards for Diesel Particulates Matter (Underground Metal and Nonmetal Mines).
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating or
authorizing the collection of information.
Under Section 101(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), and
Title 5, United States Code, Section 553, the Secretary of Labor shall develop,
promulgate, and revise as may be appropriate, improved mandatory health or safety
standards for the protection of life and prevention of injuries in coal or other mines.
Diesel particulate matter (DPM) is a probable carcinogen that consists of tiny particles
present in diesel engine exhaust that can readily penetrate into the deepest recesses of
the lungs. Despite ventilation, the confined underground mine work environment may
contribute to significant concentrations of particles produced by equipment used in the
mine. Underground miners are exposed to higher concentrations of DPM than any
other occupational group. As a result, they face a significantly greater risk than other
workers of developing such diseases as lung cancer, heart failure, serious allergic
responses and other cardiopulmonary problems.
The DPM rule establishes a permissible exposure limit (PEL) to total carbon, which is a
surrogate for measuring a miner’s exposure to DPM. The rule includes a number of
other requirements for the protection of miners’ health. The DPM existing rule contains
information collection requirements for underground MNM mine operators under §§
57.5060, 57.5065, 57.5066, 57.5067, 57.5070, 57.5071, and 57.5075(a) and (b)(3).
30 C.F.R. Section 57.5060(c)
Under this section, if a mine has technological or economic constraints in meeting the
final DPM PEL contained in § 57.5060(b)(3) that became effective on May 20, 2008, the
mine operator may file an application with the District Manager for a special extension
of time in which to comply with the PEL. The application criteria are specified in the
standard and require the mine operator to certify on the application that the operator
has posted a copy of the application at the mine site for at least 30 days before the date
of the application, and has provided a copy of the application to the representative of
miners. In addition, the mine operator must include the following information:
1. Documentation supporting that controls are technologically or economically
infeasible at this time to reduce the miner’s exposure to the final DPM limit; 2. The
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most recent DPM monitoring results; and 3. The actions the operator will take during
the extension to minimize exposure of miners to DPM. Upon approval, the mine
operator must comply with the terms of any approved application, post a copy of the
approved application at the mine site for the duration of the special extension period of
one year, and provide a copy of the approved application to the authorized
representative of the miners.
30 C.F.R. Section 57.5060(d)(3) through (d)(8)
Under these provisions, mine operators must provide, at no cost to the miner, a
confidential medical evaluation by a physician or other licensed health care professional
(PLHCP) to determine the miner's ability to use a respirator before the miner is fit tested
or required to work in an area of the mine where respiratory protection must be used.
The miner must be reevaluated when the mine operator has reason to believe that
conditions have changed which could adversely affect the miner’s ability to wear the
respirator. The DPM rule provides miners the right to discuss their medical evaluations
with the PLHCP before the PLHCP submits a copy of the written determination to the
mine operator regarding the miner’s ability to wear a respirator. The miner may submit
to the PLHCP additional evidence of the miner’s medical condition.
The mine operator must have a written record of the most recent medical evaluation to
confirm that the miner was evaluated. In addition, the rule includes requirements for
transferring a miner to an existing job in an area of the mine where respiratory
protection is not required if a PLHCP has determined that the miner’s medical
condition precludes the miner from safely wearing any required respirator, including a
powered air-purifying respirator (PAPR).
Section 57.5060(d)(3) requires that the mine operator provide a confidential medical
evaluation by a PLHCP to determine the miner's ability to use a respirator before the
miner is required to be fit tested or to use a respirator at the mine. The mine operator
must provide the medical evaluation to the miner and pay the cost of each of the
miner’s medical evaluations. Mine operators must make certain that the PLHCP
administers the testing in a manner that protects the confidentiality of the miner being
evaluated.
If the PLHCP determines that the miner is able to wear a negative-pressure respirator,
the mine operator must provide it and require the miner to wear it. When respiratory
protection is required, the mine operator must establish a respiratory protection
program that complies with MSHA's existing respiratory protection standards for
control of airborne contaminants at metal and nonmetal mines at § 57.5005(a),(b) and
with requirements in the DPM standard under paragraphs (d)(1) and (d)(2) addressing
appropriate DPM filters for air-purifying respirators. On the other hand, if the PLHCP
concludes that the miner is unable to wear a negative-pressure respirator, the mine
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operator must make certain that the PLHCP also determines the miner’s ability to wear
a PAPR. If the PLHCP finds that the miner is able to wear a PAPR, the mine operator
must provide the PAPR and require the miner to wear it.
A miner is not to be assigned to tasks in the mine that require use of a respirator unless
a PLHCP makes a written determination that the miner is physically able to perform the
work to which the miner is assigned while using the respirator.
Section 57.5060(d)(4) requires mine operators to provide the miner with an opportunity
to discuss their evaluation results with the PLHCP before the PLHCP submits the
written determination to the mine operator. If the miner disagrees with the
determination of the PLHCP, the miner has up to 30 days to submit to the PLHCP
additional evidence of his or her medical condition. Depending upon the miner’s
medical history, it may be critical for the miner to discuss any discrepancies or errors in
a PLHCP’s determination. The miner, however, may at any time provide additional
medical information to the mine operator if the miner believes that it may impact the
miner’s ability to wear a respirator.
Section 57.5060(d)(5) requires the mine operator to obtain a written determination from
the PLHCP regarding the miner’s ability to wear a respirator. The mine operator must
make certain that the PLHCP provides a copy of the determination to the miner.
Section 57.5060(d)(6) requires the mine operator to reevaluate the miner when the
operator has reason to believe that conditions have changed. Such conditions include a
reassignment of the miner to a new task requiring a significant increase in physical
exertion, or the miner is assigned to work at a lower level of a deep mine that is hotter
and imposes greater physiological stress.
Section 57.5060(d)(7) requires upon written notification that the PLHCP has determined
that the miner is unable to wear a respirator (including a PAPR), the miner must be
transferred within 30 days of the PLHCP’s determination to work in an existing
position in an area of the same mine where respiratory protection is not required. As a
result, the miner must continue to receive compensation at no less than the regular rate
of pay in the classification held by that miner immediately prior to the transfer.
However, wage increases of the transferred miner must be based on the new work
classification.
Under § 57.5060(d)(8), the mine operator must maintain a record of the identity of the
PLHCP and the most recent written determination of each miner’s ability to wear a
respirator for the duration of the miner’s employment plus six months thereafter.
30 C.F.R. Section 57.5065(a)

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This section requires mine operators to retain for one year purchase records showing
compliance with the requirement that the sulfur content of diesel fuel used to power
equipment underground is not exceeding 0.05 percent.
30 C.F.R. Section 57.5066(b)
This section requires that operators tag diesel-powered equipment at any time the
miner notes evidence that the equipment may require maintenance to comply with the
maintenance requirements. Each time there is an emission-related problem on a dieselpowered piece of equipment and the equipment is tagged, the mine operator must
establish and retain a log including the date of the equipment examination, name of
person who examined the equipment, and any action taken as a result of the
examination. The mine operator must retain the log for a period of one year.
30 C.F.R. Section 57.5066(c)
Under this section, the mine operator is required to take various steps to assure that the
miner has taken the training concerning the maintenance of diesel powered equipment.
The mine operator must retain a record of the training provided the miner as evidence
of the miner’s competency for one year after the date of any maintenance, and the mine
operator must present such record to the Secretary’s representative.
30 C.F.R. Section 57.5070
Under this section, mine operators must train all miners who can reasonably be
expected to be exposed to diesel emissions on that property must receive annual health
training in accordance with § 57.5070(a)(1) through (a)(4). The mine operator must
retain a record of training for one year after completion.
30 C.F.R. Section 57.5071
This section requires that mine operators monitor a miner’s full-shift personal exposure
as often as necessary to effectively determine, under mining conditions, whether the
miner’s exposure exceeds the PEL. Additionally, mine operators must give prior notice
to miners and their representatives of the dates and times the sampling will take place.
(MSHA assumes that 45 percent of the time notification will occur orally, 35 percent of
the time notification will be written, and 20 percent of the time notification will be
posted.)
This section also requires that if a miner’s exposure exceeds the PEL, mine operators
must promptly post a notice on the mine bulletin board of corrective action being taken.
Mine operators must also post on the mine bulletin board within 15 days of receipt, and
remain on the board for 30 days DPM sampling results, including sampling results of
the Secretary. The mine operator must provide a copy to the miners’ representative at
the mine. The mine operator must retain for five years from the date of sampling the
results of any monitoring samples collected, as well as information about the sampling
method used.
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30 C.F.R. Section 57.5075
The recordkeeping requirements of the DPM standards contained in §§ 57.5060 through
57.5071 are listed in a table entitled “Table 57.5075(a)--Diesel Particulate Matter
Recordkeeping Requirements.” The table lists the records the operator must maintain
pursuant to §§ 57.5060 through 57.5071, and the retention period for these records.
The Table in § 57.5075(a) includes a conforming change by adding record of the identity
of the PLHCP and the most recent written determination of each miner’s ability to wear
a respirator for the duration of the miner’s employment plus six months;
30 C.F.R. Section 57.5075(b)
This section requires that operators keep for one year purchase records showing
compliance with the requirement that the sulfur content of diesel fuel used to power
equipment underground is not exceeding 0.05 percent.

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.
Underground mines are confined spaces which, despite ventilation requirements, tend
to accumulate significant concentrations of particles and gases – both those produced
by the mine itself (e.g., methane gas and respirable dust) and those produced by
equipment used in the mine (e.g., diesel particulate). It is widely recognized that
respirable particles can create adverse health effects. This information collection is
provided to the MSHA inspector and used by the agency to monitor the mine
operator’s compliance with the health standard.
3. Describe whether, and to what extent, the collection of information involves the
use of automated, electronic, mechanical, or other technological collection techniques
or other forms of information technology, e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.
No specific information technology has been identified that would reduce the burden.
The mine operator must have a written record of the most recent medical evaluation to
confirm that the miner was evaluated. Additionally, the mine operator must make
certain that the PLHCP provides a copy of the determination to the miner. Though the
rule does not specify a timeframe in which the mine operator must have the PLHCP
provide a copy to the miner of his or her medical determination, we intend for the mine
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operator to exercise diligence in getting this important information to the miner by
whatever method they choose. It has been MSHA’s longstanding practice to allow
operators to keep records in hard copy as well as electronically as long as the records
are accessible.
4. Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in Item 2 above.
No similar or duplicate information exists.
5. If the collection of information impacts small businesses or other small entities
(Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
This information collection does not have a significant impact on a substantial number
of small entities. However, MSHA has made available various links on our web-site
specific to Diesel matters. On our homepage www.msha.gov there are sites under
Compliance Assistance and under Special Initiatives for information on Diesel.
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.
MSHA would not be able to verify whether mine operators were complying with major
portions of the DPM rule. Such action is likely to result in exposing, consequently,
underground metal and nonmetal miners may be exposed to high concentrations of
DPM.
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;

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* in connection with a statistical survey, that is not designed to produce valid
and reliable results that can be generalized to the universe of study;
* requiring the use of a statistical data classification that has not been
reviewed and approved by OMB;
* that includes a pledge of confidentiality that is not supported by authority
established in statute or regulation, that is not supported by disclosure and data
security policies that are consistent with the pledge, or which unnecessarily impedes
sharing of data with other agencies for compatible confidential use; or
* requiring respondents to submit proprietary trade secret, or other
confidential information unless the agency can demonstrate that it has instituted
procedures to protect the information’s confidentiality to the extent permitted by law.
Although mine operators are required to post sampling results on the bulletin board
and supply a copy to the miner’s representative, mine operators are also required to
retain this information for five years. This collection of information is consistent with
the guidelines in 5 C.F.R. § 1320.5.
Under § 57.5060(d)(8), the mine operator must maintain a record of the identity of the
PLHCP and the most recent written determination of each miner’s ability to wear a
respirator for the duration of the miner’s employment plus six months thereafter.
8. If applicable, provide a copy and identify the date 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.

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MSHA published a 60-day preclearance Federal Register notice on March 20, 2009,
(Volume 74, Number 53, Pages 11973-11974, soliciting public comments regarding the
extension of this information collection. No comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than
renumeration of contractors or grantees.
MSHA does not provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis
for the assurance in statue, regulation, or agency policy.
Mine operators must make certain that the PLHCP administers the medical evaluation of a
miner’s ability to use a respirator in a manner that protects the confidentiality of the miner being
evaluated. This record must be maintained by the mine operator and reviewed by MSHA
inspectors in the course of official agency business.
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are commonly
considered private. This justification should include the reasons why the agency
considers the questions necessary, the specific uses to be made of the information,
the explanation to be given to persons from whom the information is requested, and
any steps to be taken to obtain their consent.
There are no such 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.

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•

Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate
categories. The cost of contracting out or paying outside parties for information
collection activities should not be included here. Instead, this cost should be
included in Item 14.

The purpose of this response to question 12 is to show the burden hours and related
costs that are borne by affected: (1) underground MNM mine operators that use dieselpowered equipment, and (2) MNM miners.
Details Concerning Paperwork Burden Hours and Related Costs – Throughout this
document the following metal and nonmetal underground hourly wage rates from 2007
are used:
$62.40 a mine supervisor; $26.78 for a miner;
$22.78 for a clerical worker and; $28.57 for a mine mechanic.
§57.5060(c) Special Extensions
Under § 57.5060(c), a mine operator needing additional time to comply with the final
DPM PEL (160TC µg/m3, effective May 20, 2008) due to technological or economic
constraints, is allowed to file with the District Manager an application for a special
extension of time in which to comply with the final DPM PEL. The provision does not
restrict the number of times the mine operator may apply for a special extension,
provided each extension is no longer than one year.
This paperwork requirement applies to mine operators requesting an application for a
special extension to the final limit on a yearly basis. Based on previous applications, we
estimate that there will be 4 applications made from mines that employ 20 to 500
workers. For these mines, it would take a mine supervisor making $62.40 an hour, 16
hours to prepare an application for a special extension, and a clerical worker, making
$22.78 an hour, 0.33 hours (20 minutes) to photocopy and distribute the extension to the
miners’ representative. Tables 1 and 2 show the burden hours and burden costs
associated with this section.
Table 1: Annual Burden Hours and Costs Starting in 2006 for Supervisors to Prepare
an Application for a Special Extension to Final Limit Under § 57.5060(c)
Mine Size

# of
Mines

Large (20 – 500) 4

May 2009

Burden
Hours per
Mine
16

Total Annual Suprv. Wage
Burden
(per Hr.)
Hours
64
$62.40

9

Annual
Burden
Cost
$3,994

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Table 2: Annual Burden Hours and Costs for Clerical Worker to Prepare an
Application for a Special Extension to Final Limit Under § 57.5060(c)
Mine Size

# of
Mines

Large (20 – 500)

4

Burden
Hours per
Mine
0.33

Total Annual
Burden Hours

Clerical Wage Annual
(per Hr.)
Burden Cost

1.3

$22.78

$30

Section 57.5060(d) – Miner Respirator Training and Miner Respirator Fit Testing by
Mine Supervisor (Annual Burden Hours and Costs)
In instances where feasible engineering and administrative controls do not reduce the
miner’s exposure to the PEL under § 57.5060(b)(3), mine operators must supplement
feasible controls with adequate respiratory protection for overexposed miners and
enroll the miners in a respiratory protection program meeting the minimum
requirements of existing §§ 57.5005(a) & (b) addressing air quality standards for metal
and nonmetal mines, and paragraphs (d)(1) & (d)(2) of § 57.5060 of the DPM standard.
Every year, as a result of employment turnover, a supervisor will need to provide one
training session to train miners to use respirators. The training session is estimated to
take 45 minutes (0.75 hours), including time for the supervisor to note the training in his
daily log or pass around a sign-up sheet to keep as proof of compliance. The affected
mines that will need to provide the one-session training will be: 66 mines employing
fewer than 20 workers; 103 mines employing 20 to 500 workers, and 4 mines employing
more than 500 workers. Table 3 shows annual burden hours and costs concerning the
supervisor’s respirator training.
Table 3: Section 57.5060(d) – Miner Respirator Training by Mine Supervisors (Annual
Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of Mines

66
103
4
173

Training &
Record
Keeping Hrs.
0.75
0.75
0.75

Annual
Burden
Hours
50
77
3
130

Supvr. Wage
(per hr.)

Annual
Burden Cost

$62.40
$62.40
$62.40

$3,120
$4,805
$187
$8,112

Section 57.5060(d) – Miner Respirator Fit Testing by Mine Supervisor Annual Burden
Hours and Costs

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As a result of miner turnover every year, 1 miner will be tested in each mine in each size
category. The number of mines and the time to perform fit testing is the same as in the
first year. Table 4 shows annual burden hours and costs related to fit testing.
Table 4: Section 57.5060(d) – Miner Respirator Fit Testing by Mine Supervisors
(Annual Burden Hours and Costs)
Mine Size
(emp.)
Small <20
Large (20 – 500)
Large (>500)
Total

# of
Mines
66
103
4
173

# of Fit
Tests per
Mine
1
1
1

Time to Fit
Test Hrs.
0.25
0.25
0.25

Annual
Burden
Hrs.
17
26
1
44

Superv.
Wage (per
Hr.)
$62.40
$62.40
$62.40

Annual
Burden
Cost
$ 1,061
$1,622
$62
$2,745

Section 57.5065 – Fueling Practices
This section requires that operators keep purchase records for one year showing
compliance with the requirement that the sulfur content of diesel fuel used to power
equipment underground is not exceeding 0.05 percent. Since the operator is merely
retaining a receipt for a fuel purchase, this burden is considered de minimus.
Section 57.5066(b) – Miner Tag Diesel Equipment and Record Tag (Annual Burden
Hours and Costs)
Each time there is an emission related problem on a diesel-powered machine the
equipment must be tagged and a record made of the tag. Annually MSHA estimates
that, on average, in mines with fewer than 20 workers, 40 percent of diesel powered
equipment (632 machines) will be tagged. For larger mines, which generally have more
extensive preventive maintenance programs, MSHA estimates that annually, on
average, 20 percent of the diesel-powered equipment will be tagged. Therefore, the
number of diesel machines to be tagged annually will be 950 machines in mines
employing 20 to 500 workers, and 192 machines in mines employing more than 500
workers. It is estimated to take 2 minutes to tag the machine and another 2 minutes to
record the tagging, for a total of 4 minutes (0.067 hours).
Table 5 shows annual burden hours to tag diesel powered equipment concerning
emission related problems.
Table 5: Section 57.5066(b) - Miners Tag Diesel Equipment and Record Tag (Annual
Burden Hours and Costs)
Mine Size
May 2009

# of Tags

Tag and

Annual
11

Miner Wage

Annual

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(Emp.)

Record (Hrs.)a

Burden
(per Hr.)
Hours
Small (<20)
632
0.067
42
$26.78
Large (20 – 500) 950
0.067
64
$26.78
Large (>500)
192
0.067
13
$26.78
Total
1774
119
a 0.067 = 0.0333 (to tag the equipment) + 0.0333 (to record the tag)

Burden Cost
$1,125
$1,714
$348
$3,187

Section 57.5066(b) – Examine Tagged Diesel Equipment and Record Examination
(Annual Burden Hours and Costs)
For each diesel machine that has been tagged, an examination must be conducted
concerning the tagged equipment and a record must be made of the examination. As
noted earlier, the number of machines to be tagged annually will be: 632 machines in
mines employing fewer than 20 workers, 950 machines in mines employing 20 to 500
workers, and 192 machines in mines employing more than 500 workers. For each piece
of equipment tagged, MSHA estimates that it will take 10 minutes to examine the
machine and another 2 minutes to record the examination, for a total of 12 minutes (0.2
hours). Table 6 shows annual burden hours and costs to examine tagged equipment
and record the examination.
Table 6: Section 57.5066(b) - Examine Tagged Diesel Equipment and Record
Examination (Annual Burden Hours and Costs)
Mine Size
(Emp.)

# of Tags

Examine &
Record
(Hrs.)a
0.20
0.20
0.20

Annual
Mechanic
Annual
Burden
Wage (per
Burden Cost
Hours
Hr.)
Small (<20)
632
126
$28.57
$3,600
Large (20 – 500) 950
190
$28.57
$5,428
Large (>500)
192
38
$28.57
$1,086
Total
1774
354
$10,114
a 0.20 = 0.167 (to examine the equipment) + 0.033 (to record the examination)
Section 57.5066(c) – Create and Maintain Records for Competent Maintenance
Personnel (Annual Burden Hours and Costs)
Appropriate repairs must be made to each diesel machine that has been tagged to bring
the machine into compliance. The person performing these repairs must be competent
to make them. Mine operators are required to maintain documentation verifying this
competence for one year. MSHA estimates that 2 competent mechanics will repair
diesel machinery at mines employing fewer than 20 workers, 10 mechanics will repair
equipment at mines employing 20 to 500 workers, and 17 mechanics will repair
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equipment at mines employing more than 500 workers. To create and maintain
documentation verifying each mechanic’s competence, MSHA estimates that it will take
30 minutes by a supervisor to review personnel records and 10 minutes to either record
the examination or copy pertinent records, for a total of 40 minutes (0.67 hours). Table 7
shows annual burden hours and costs to create and maintain records for competent
persons conducting repairs on diesel equipment.
Table 7: Section 57.5066(c) – Create and Maintain Records for Competent
Maintenance Personnel (Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Mechanics
2
10
17
29

Examine &
Record
(Hrs.)a
0.67
0.67
0.67

Annual
Burden
Hours
1
7
11
19

Mechanic
Wage (per
Hr.)
$28.57
$28.57
$28.57

Annual
Burden Cost
$29
$200
$314
$543

Section 57.5070 – Mine Supervisor Briefing Clerical Worker Regarding Health
Training (Annual Burden Hours and Costs)
All miners at a mine who can reasonably be expected to be exposed to diesel emission
on mine property must receive health training in accordance with §§ 57.5070(a)(1)
through (a)(4). For each mine, MSHA estimates that it will take a mine supervisor 5
minutes (0.083 hours) to brief a clerical worker concerning such training. The number
of mines affected by this provision will be: 66 mines employing fewer than 20 workers,
103 mines employing 20 to 500 workers, and 4 mines employing more than 500
workers. Table 8 shows annual burden hours and costs for a supervisor to brief a
clerical worker concerning miner health training.
Table 8: Section 57.5070 - Mine Supervisors Brief Clerical Workers Regarding Health
Training (Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Mines
66
103
4
173

Briefing
(Hrs.)
0.083
0.083
0.083

Annual
Burden Hrs.
5
9
1
15

Superv. Wage
Annual
(per Hr.)
Burden Cost
$62.40
$312
$62.40
$562
$62.40
$62
$936

Section 57.5070 – Clerical Worker Briefed by Mine Supervisor Regarding Health
Training (Annual Burden Hours and Costs)
May 2009

13

1219-0135

As noted earlier, all miners at a mine who can reasonably be expected to be exposed to
diesel emission on mine property must receive health training in accordance with
§§ 57.5070(a)(1) through (a)(4). For each mine, MSHA estimates that it will take a
clerical worker 5 minutes (0.083 hours) to be briefed by a supervisor concerning such
training. The number of mines affected by this provision will be: 66 mines employing
fewer than 20 workers, 103 mines employing 20 to 500 workers, and 4 mines employing
more than 500 workers. Table 9 shows annual burden hours and costs for a clerical
worker to be briefed by a supervisor concerning miner health training.
Table 9: Section 57.5070 - Clerical Workers Briefed by Mine Supervisors Regarding
Health Training (Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Mines
66
103
4
173

Briefing
(Hrs.)
0.083
0.083
0.083

Annual
Burden Hrs.
5
9
1
15

Clerical Wage
(per Hr.)
$22.78
$22.78
$22.78

Annual
Burden Cost
$114
$205
$23
$342

Section 57.5070 – Mine Supervisor Perform Health Training Sessions (Annual
Burden Hours and Costs)
Concerning miner health training, supervisors will conduct a 15 minute (0.25 hours)
training session in mines employing fewer than 20 workers, and a 30 minute (0.5 hours)
training session in mines employing 20 or more workers. The average number of
training sessions to be held by a mine, in each mine size category, is determined based
on the assumption that no more than 34 miners can be trained in any one session. It is
assumed that 5% of mine employees are office workers who do not require training.
For mines with less than 20 employees, the number of training sessions equals the
number of mines. For mines with 20 or more employees, the number of training
sessions is estimated as the number of mines times 17 plus the number of miners, all
divided by 34 and rounded to the nearest whole number. Table 10 shows annual
burden hours and costs for supervisors to give miner health training.
Table 10: Section 57.5070 - Mine Supervisors Perform Health Training Sessions
(Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
May 2009

# of
Training
Sessions
66

Heath
Training
(Hrs.)
0.25

Annual
Burden
Hrs.
17
14

Suprv. Wage
(per hr.)

Annual
Burden Cost

$62.40

$1,061

1219-0135

Large (20 –
500)
Large (>500)
Total

280

0.50

140

$62.40

$8,736

91
437

0.50

46
203

$62.40

$2,870
$12,667

Section 57.5070 – Clerical Worker Prepare Registration Sheet for Health Training
Sessions (Annual Burden Hours and Costs)
For each mine, the clerical worker will need 10 minutes (0.167 hours) to prepare the
registration sheet for the health training attendees to sign at each training session. As
noted earlier, the average number of training sessions to be held by a mine, in each
mine size category, will be: 66 sessions in mines employing fewer than 20 workers, 280
sessions in mines employing 20 to 500 workers, and 91 sessions in mines employing
more than 500 workers. Table 11 shows annual burden hours and costs for clerical
workers to prepare registration sheets for health training sessions.
Table 11: Section 57.5070: Clerical Workers Prepare Registration Sheet for Health
Training Sessions (Annual Burden Hours and Costs)
Mine Size
(Emp.)

# of
Training
Sessions
Small (<20)
66
Large (20 – 500) 280
Large (>500)
91
Total
437

Prepare
Registration
Sheet (Hrs.)
0.167
0.167
0.167

Annual
Burden Hrs.
11
47
15
73

Clerical
Wage (per
Hr.)
$22.78
$22.78
$22.78

Annual
Burden Cost
$251
$1,071
$342
$1,663

Section 57.5070 – Miners Sign Health Training Attendance Sheet (Annual Burden
Hours and Costs)
Each miner attending a health training session will be required to sign the registration
sheet prepared by the clerical worker. Each signature will require 20 seconds of a
miner’s time. Table 12 represents the annual burden hours and costs, by mine size,
resulting from this provision.
Table 12: Section 57.5070 - Miners Sign Health Training Attendance Sheet (Annual
Burden Hours and Costs)
Mine Size
# of
(Emp.)
Miners
Small (<20)
580
Large (20 – 500) 8,500
Large (>500)
2,700
May 2009

Sign Name
(Hrs.)
0.006
0.006
0.006

Annual
Burden Hrs.
3
51
16
15

Mine Wage
(per Hr.)
$26.78
$26.78
$26.78

Annual
Burden Cost
$80
$1,366
$428

1219-0135

Total

11,780

70

$1,874

Section 57.5071 – Mine Supervisor Oral Notification of Sampling (Annual Burden
Hours and Costs)
Section 57.5071 requires that mine operators monitor a miner’s exposure to DPM as
often as necessary to determine whether the miner’s exposure exceeds the DPM PEL.
We estimate mine operators will sample four times a year to determine a miners’
exposures. Additionally, mine operators must provide prior notification to miners and
their representatives of the dates and times the sampling will take place. MSHA
assumes that 45 percent of mines will notify miners orally. This action will require 2
minutes of a mine supervisor’s time. The annual burden hours and costs of oral
notification appear in Table 13.
Table 13: Section 57.5071 - Mine Supervisor Oral Notification of Sampling (Annual
Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 to
500)
Large (>500)
Total

# of
# of Oral
Oral
Mines Notifications Notification
(45%)
per Mine
(Hrs.)
30
4
0.033
46
4
0.033

Annual
Burden
Hrs.
4
6

Superv.
Wage
(per hr.)
$62.40
$62.40

Annual
Burden
Cost
$250
$374

2
78

1
11

$62.40

$62
$686

4

0.033

Section 57.5071 – Written Notification of Sampling (Annual Burden Hours and Costs)
MSHA assumes that another 35 percent of mines will notify miners and their
representatives in writing. This will require five minutes of a mine supervisor’s time to
brief a clerical worker. These annual burden hours and costs appear in Table 14.
Table 14: Section 57.5071 - Mine Supervisor Briefs Clerical Worker Regarding
Written Notification of Sampling (Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 –
500)
Large
May 2009

# of
Mines
(35%)
23
37

Time to Brief
at Each Mine
(Hrs.)
0.083
0.083

1

0.083

Annual
Burden
Hrs.
2
3

Superv.
Wage (per
Hr.)
$62.40
$62.40

$125
$187

1

$62.40

$62

16

Annual Burden
Cost

1219-0135

(>500)
Total

61

6

$374

The clerical worker will prepare, copy and deliver the written notice to each miner.
This activity will take five minutes for each miner. The annual burden hours and costs
associated with these actions are shown in Table 15.
Table 15: Section 57.5071 - Clerical Worker Prepares Written Notification of Sampling
(Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large(20 –
500)
Large (>500)
Total

# of
Mines
(35%)
23
37

# of Written
Notifications
(35% Miners)
203
2,975

Written
Notification
(Hrs.)
0.083
0.083

Annual
Burden
Hrs.
17
247

Clerical
Wage
(per Hr.)
$22.78
$22.78

Annual
Burden
Cost
$387
$5,627

1
61

945
4,123

0.083

78
342

$22.78

$1,777
$7,791

Section 57.5071 – Posted Notification of Sampling (Annual Burden Hours and Costs)
MSHA assumes that the remaining 20 percent of mines will use a posted notice to
inform miners of the dates and times that they intend to conduct sampling. This will
require five minutes of a supervisor’s time to brief a clerical worker. These annual
burden hours and costs are exhibited in Table 16.
Table 16: Section 57.5071 - Mine Supervisor Briefs Clerical Worker Regarding Posted
Notification of Sampling (Annual Burden Hours and Costs)
Mine Size
(Emp.)

Small (<20)
Large (20 –
500)
Large (>500)
Total

# of
Mines
(20%)

# of Posted
Notifications
per Mine

13
21

4
4

Briefing
Clerical
Worker
(Hrs.)
0.083
0.083

1
35

4

0.083

Annual
Burden
Hrs.

Superv.
Wage (per
Hr.)

Annual
Burden
Cost

4
7

$62.40
$62.40

$250
$437

1
12

$62.40

$62
$749

It will take the clerical worker ten minutes to prepare and post the notice and five
minutes to be briefed by the supervisor. Table 17 presents these annual burden hours
and costs.
May 2009

17

1219-0135

Table 17: Section 57.5071 - Clerical Workers Receive Briefing and Prepare and Post
Notification of Sampling (Annual Burden Hours and Costs)
Mine Size
(Emp.)

# of
Mines
(20%)

# of Posted
Notifications
per Mine

Briefing
Clerical
Worker
(Hrs.) a
0.25
0.25

Annual
Burden
Hrs.

Small (<20)
13
4
13
Large (20 –
21
4
21
500)
Large (>500)
1
4
0.25
1
Total
35
35
a 0.25 = 0.083 (to be briefed) + 0.167 (to prepare and post)

Clerical
Wage (per
Hr.)

Annual
Burden
Cost

$22.78
$22.78

$296
$478

$22.78

$22
$796

Section 57.5071 Mine Supervisor Prepares and Posts Notice of Corrective Action
(Annual Burden Hours and Costs)
This section requires mine supervisors to prepare and post a notice of the corrective
action taken to reduce the miner’s exposure to or below the PEL. This will take 15
minutes of the mine supervisor’s time. These annual burden hours and costs are
displayed in Table 18. MSHA assumes that 20 percent of mines with fewer than 20
workers and 40 percent of larger mines will require corrective action.
Table 18: Section 57.5071 - Mine Supervisor Prepares and Posts Notice of Corrective
Action (Annual Burden Hours and Costs)
Mine Size
(Emp.)

# of
Mines
(20%)
Small (<20)
13
Large (20 – 500) 21
Large (>500)
1
Total
35

Prepare and
Post Notice
(Hrs.)
0.25
0.25
0.25

Annual
Burden Hrs
3
5
1
9

Supervisory
Wage (per
hr.)
$62.40
$62.40
$62.40

Annual
Burden Cost
$187
$312
$62
$561

Section 57.5071 - Diesel Particulate Sampling by M/NM Mines (Annual Burden
Hours and Costs)
MSHA conducts its compliance sampling of miners’ exposures to DPM at metal and
nonmetal underground mines. All mine operators must conduct their own sampling as
necessary to effectively determine if a miner’s exposure exceeds the DPM PEL, based on
conditions occurring at the mine. We project that sampling will be necessary 4 times
per year. Each time sampling occurs, there will be 2 areas sampled per mine and in
May 2009

18

1219-0135

each area, 3 samples will be taken. It will take a miner, earning $26.78 per hour, 20
minutes (0.3333 hrs) to perform one sample. Table 19 shows burden hours and related
costs to operators that perform their own sampling.
Table 19: Section 57.5071 - Sampling by Operators (Annual Burden Hours and Costs)
Mine Size
(Emp.)

# of
Mines

# of
Samples
Annually
per Mine a
24
24
24

Time to
Take a
Sample
(Hrs.)
0.333
0.333
0.333

Annual
Burden
Hrs.

Miner
Wage (per
Hr.)

Annual
Burden
Cost

Small (<20)
66
527
$26.78
$14,113
Large (20 – 500) 103
823
$26.78
$22,039
Large (>500)
4
32
$26.78
$857
Total
173
1,382
$37,009
a 24 = 3 samples per area samples x 2 areas sampled per mine x 4 sample times per year.
For both operator and contract sampling, once sampling results are received, MSHA
estimates that it will take a clerical worker 10 minutes to make two copies of a one-page
notice and to post one and deliver the other to the miner’s representative. These annual
burden hours and costs appear in Table 20.
Table 20: Section 57.5071 – Clerical Worker Copies and Distributes Sampling Results
(Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Mines
66
103
4
173

# of
Samplings
per Mine
4
4
4

Copy &
Distribute
(Hrs.)
0.167
0.167
0.167

Annual
Burden
Hrs.
44
69
3
116

Clerical
Wage (per
Hr.
$22.78
$22.78
$22.78

Annual
Burden
Cost
$1,002
$1,572
$68
$2,642

Section 57.5075 Clerical Workers Respond to Requests for Health Records by Miners
(Annual Burden Hours and Costs)
MSHA assumes that some miners leaving their jobs at the mine or former miners would
request a copy of the health records generated by the requirements of this rule. These
records would consist of copies of the exposure measurements that M/NM mine
operators are required to maintain. MSHA estimates that 10 percent of miners will
request health records each year. It will take a clerical worker five minutes to respond
to each request. The annual burden hours and costs resulting from requests for health
records appear in Table 21
May 2009

19

1219-0135

Table 21: 57.5075 - Clerical Workers Respond to Requests for Health Records by
Miners (Annual Burden Hours and Costs)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Miners
580
8,500
2,700
11,780

# of
Requests
(10%)
58
850
270
1,178

Respond to Annual
Request
Burden
(Hrs.)
(Hrs)
0.083
5
0.083
71
0.083
22
98

Clerical
Wage (per
hr.)
$22.78
$22.78
$22.78

Annual
Burden
Cost)
$114
$1,617
$501
$2,232

Section 57.5075 - Clerical Workers Respond to Requests for Health Records by Dept.
of Health and Human Services (DHHS) (Annual Burden Hours and Costs)
Upon request from an authorized representative of the U.S. Department of Health and Human
Services (DHHS), underground MNM mine operators must provide access to health records.
Initially, MSHA estimated that DHHS would request a copy of sampling results from 10 percent
of the mines. To date, MSHA has received no such requests from HHS so these costs are
eliminated.
30 C.F.R Sections 57.5060(d)(3), (d)(4) and (d)(8)
For the 350 TC PEL:
This limited term rule expired and it has been replaced with a 160 TC limit.
For the 160 TC PEL:
Mine operators must provide information annually to the PLHCP so the PLHCP may
perform an evaluation for the respiratory protection program. This takes a mine
supervisor 1 hour to provide the information. See Table 22 below.
Table 22: The 160 TC level - Supervisor Time to Provide Material to PLHCP
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

No. of
Mines
2
10
1
13

Times Each
Year
1
1
1

Annual
Burden Hrs.
2
10
1
13

Superv.
Wage (per
Hr.)
$62.40
$62.40
$62.40

Annual
Burden Cost
$125
$624
$62
$811

The miner must take the time to have the evaluation performed by the PLHCP
May 2009

20

1219-0135

concerning the respiratory protection program. This is done once per year, and takes
2 hours and 40 minutes (2.67 hours) of the miner’s time. See Table 23 below.
Table 23: The 160 TC level - Miner Time for Evaluation From PLHCP
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Miners
32
180
16
228

Times Each
Year
1
1
1

Annual
Burden Hrs.
32
180
16
228

Miner Wage
(per Hr.)
$26.78
$26.78
$26.78

Annual
Burden Cost
$857
$4,820
$428
$6,105

If miners disagree with the PLHCP determination, they can provide additional evidence
to the PLHCP. MSHA estimates that a certain number of miners evaluated will
disagree with the PLHCP evaluation and need to spend some time providing a
response to the PLHCP. For the fourth year the rule is in effect at the 160 TC Limit, and
for every year thereafter, the Agency estimates that each affected miner will provide a
response once per year and that it takes 2 hours and 40 minutes (2.67 hours) of the
miner’s time. See Table 24 below.
Table 24: The 160 TC level - Miner Time to Respond to Evaluation
Mine Size
(Emp.)
Small (<20)
Large (20 –
500)
Large (>500)
Total

# of
Miners

Times Each
Year

Miners
Time

Annual
Burden Hrs.

Miner Wage
(per Hr.)

1
1

1
1

2.67
2.67

3
3

$26.78
$26.78

1
3

1

2.67

3
9

$26.78

Annual
Burden
Cost
$80
$80
$80
$240

The mine operator must maintain a record of the identity of the PLHCP and the most
recent written determination of each miner’s ability to wear a respirator for the duration
of the miner’s employment plus six months. For the fourth year the rule is in effect at
the 160 TC Limit, and for every year thereafter, the Agency estimates that it takes a
clerical worker 3 minutes (0.05 hours) to maintain a record for each affected miner. See
Table 25 below.
Table 25: § 57.5060(d)(8) – The 160 Level (To Maintain a Record)
Mine Size
May 2009

# of

Times Each

Miner’s

21

Annual

Miner Wage

Annual

1219-0135

(Emp.)

Miners

Small (<20)
Large (20 – 500)
Large (>500)
Total

Year

2
11
1
14

1
1
1

Time

Burden Hrs.

0.05
0.05
0.05

0.10
0.55
0.05
.7

(per Hr.)
$26.78
$26.78
$26.78

Burden
Cost
$3
$15
$1
$19

If the PLHCP determines that the miner cannot wear a negative pressure respirator, the
mine operator must make certain that the PLHCP evaluates the miner’s ability to wear a
powered air-purifying respirator. For each year the rule is in effect at the 160 TC Limit,
the Agency estimates that it takes 2.67 hours of the miner’s time. See Table 26 below.
Table 26 - § 57.5060(d)(3) – The 160 Level (Miner’s Ability to Wear PAPR)
Mine Size
(Emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of
Miners

Times Each
Year

Miners
Time

Annual
Burden Hrs.

1
1
1
3

1
1
1

2.67
2.67
2.67

3
3
3
9

Miner Wage
(per Hr.)
$26.78
$26.78
$26.78

Annual
Burden
Cost
$80
$80
$80
$240

Additional information would have to be maintained in the record by a clerical worker
for those miners that require additional evaluation. At the 160 TC Limit, MSHA
estimates that it would take 3 minutes (0.05 hours) to record the additional information.
See Table 27 below.
Table 27 - § 57.5060(d)(8) – The 160 Level (Additional Information for Record)
Mine Size
(Emp.)
Small (<20)
Large (20 –
500)
Large (>500)
Total

May 2009

# of
Miners

Times Each
Year

Miners
Time

1
2

1
1

0.05
0.05

0.05
0.10

$26.78
$26.78

1
4

1

0.05

0.05
0.20

$26.78

22

Annual
Burden Hrs.

Miner Wage
(per Hr.)

Annual
Burden
Cost
$1
$3
$1
$5

1219-0135

Summary of Burden Hours and Responses for Item 12
Table
1
2
3
4
5
6
7
8
9
10
11
12
13
14

Regulation
57.5060(c) Supervisor
57.5060(c) Clerical
57.5060(d) Respirator Training
57.5060(d) Fit Testing
57.5066(b) Tag & Record
57.5066(b) Examine Tags
57.5066(c) Create and Maintain Records
57.5070 Supervisor Briefing
57.5070 Clerical Briefing
57.5070 Supervisor Perform Training
57.5070 Clerical Prepare Form
57.5070 Sign Attendance Sheet
57.5071 Oral Notification
57.5071 Supervisor Briefs Clerical Written
15 57.5071 Clerical - Written Notification
16 57.5071 Supervisor Briefs Clerical Posted
17 57.5071 Clerical Briefed; Prepare & Post
18 57.5071 Supervisor Prepares and Posts
Notice
19 57.5071 Sampling by Operators
20 57.5071 Clerical – Copy & Distribute
21 57.5075 Clerical Respond to Miner
Requests
22 57.5060(d)(3)(4)(8) Supervisor Provide
Material
23 57.5060(d)(3)(4)(8) Miner Evaluation
24 57.5060(d)(3)(4)(8) Miner Response
25 57.5060(d)(8) Maintain Record
26 57.5060(d)(3) Ability to Wear PAPR
27 57.5060(d)(8) Record Information
GRAND TOTAL

Responses Hours
4
16
0
1
173
130
173
44
1,774
119
1,774
354
29
19
173
15
0
15
437
203
437
73
11,780
70
78
11
61
6
0
35

342
12

0
35

35
9

173
173
1,178

1,382
116
98

13

13

228
3
14
3
4
18,752

228
9
1
9
1
3,331

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).

May 2009

23

1219-0135

• 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.
Section 57.5060(d) - Cost to Purchase and Maintain Respirators
Annually, mines employing fewer than 20 workers will purchase 4 respirators, while
those employing 20 or more workers will purchase 12 respirators. The cost of a
respirator is $30. Each week the respirator uses one filter costing $2. Respirators were
initially purchased for all affected employees when the rule became effective. The
below estimates are for replacement respirators for the initially affected miners and for
newly hired employees. It is estimated that respirators will have to be replaced every
three years
The annual costs to purchase respirators will be as follows:
Table 28. Section 57.5060(d) - Costs to Purchase and Maintain Respirators
Mine Size
# of Mines
# of Respirators Annual Cost
Annual Costs
May 2009

24

1219-0135

(Emp.)
per Mine
per Respirator a
Small (<20)
66
2
$134
Large (20 – 500) 103
6
$134
Large (>500)
4
8
$134
Total
173
16
a $134 = $30 (for the respirator) + $2/cartridge/week x 52 weeks)

$17,688
$82,812
$4,288
$104,788

Section 57.5071 - Annual Costs of Sampling for Those Mines That Contract Out Their
Sampling Responsibilities
MSHA initially estimated that mines would contract out their DPM sampling
responsibilities; however, MSHA is not aware of any mine doing so and the MSHA has
deleted these estimated costs.
Section 57.5071 - Equipment Costs for Those Mines that Perform Their Own
Sampling
Mines performing their own DPM sampling pay $33 to have each sample analyzed,
plus $20 for a disposable cassette. Annually, mines employing fewer than 20 workers
will have 12 samples analyzed, while mines employing 20 or more workers will have 24
samples analyzed. The annual costs related to analyzing DPM samples for operators
that conduct their own sampling will be as follows:
Table 29. Annual Costs for Analyzing Samples
Mine Size (Emp.)

# of Mines

# of Samples
per Mine
12
24
24

Cost per
Sample a
$53
$53
$53

Small (<20)
1
Large (20 – 500)
52
Large (>500)
2
Total
54
a $53 = $20 for disposable filter cassette + $33 to analyze sample.

Total Annual
Costs
$636
$66,144
$2,544
$69,324

Section 57.5075 - Annual Costs for Miners Requests of Health Records
Miners and former miners can request health records. The annual number of requests
is estimated as 10% of miners. Each request is estimated to be 4 pages in length,
photocopy costs are $0.15 per page, and postage is $0.42 per request. Annual costs for
miners related to requesting health records will be as follows:
Table 30. Section 57.5075 - Annual Costs for Miners Requests of Health Records
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Mine Size
(emp.)

# of Miners

Small (<20)
580
Large (20 – 500) 8,500
Large (>500)
2,700
Total
11,780
a $0.60 = 4 pages x $0.15/page

# of
Requests
(10%)
58
850
270
1,178

Copying
costs per
Request a
$0.60
$0.60
$0.60

Postage per
Request

Total annual
Costs

$0.42
$0.42
$0.42

$59
$867
$275
$1,201

In addition, the Department of Health and Human Services (DHHS) can request health
records. Initially, the number of such annual requests was estimated to be about 18 per
year. To date, MSHA has received no such requests from HHS, and these costs have
been eliminated.
Section 57.5060(d)(3) – Cost of Medical Evaluations (from May 18, 2006 rule)
There are two medical evaluations indicated in section 57.5060(d)(3). The simpler
medical evaluation by the physician or other licensed health care professional (PLHCP)
is required of all miners who must wear respirators. The simpler evaluation costs $50.
The more complex medical evaluation is required only of those miners who cannot
wear a negative pressure respirator. The more complex medical evaluation determines
whether the miner can wear a powered air purifying respirator (PAPR). The more
complex evaluation is required of only 10% of the miners and costs $250 additional. On
a per-miner basis, the medical evaluations cost, on average, $75 per miner. This is
calculated as $50 + 10% x $250 = $75.
For the 160 TC limit, mine operators must obtain medical evaluations from the PHLCP
for each additional miner who must use a respirator. See Table 31 below.
Table 31: §57.5060(d)(3) – The 160 Level (Cost to Provide Medical Evaluations)
Mine Size (emp.)
Small (<20)
Large (20 – 500)
Large (>500)
Total

# of Miners
2
11
1
14

Cost Per Miner
$75
$75
$75

Total Third Party Cost
$150
$825
$75
$1,050

Summary of Burden Cost for Item 13
Table
Regulation – Tables 28-31
28
57.5060(d) Purchase and Maintain Respirators
29
57.5071 Analyze Samples
30
57.5075 Miner Request of Health Record
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Cost
$104,788
$69,324
$1,201

1219-0135

31
57.5060(d)(3) Medical Evaluations
Total Burden Cost

$1,050
$176,363

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.
At least once a year, MSHA inspectors will take miners’ personal samples to measure
their exposure to DPM in MNM underground mines that use diesel-powered
equipment. On average, an inspector, earning about $32.25 per hour (GS 12/5, 2009
wage rate without locality pay), will perform the sampling. On average, the time to
sample a miner for the full shift in one working area will be 9 hours in a mine that
employs fewer than 20 workers, and 10 hours in a mine that employs 20 or more
workers. Five samples are estimated to be taken in each working area. Sixty six (66)
mines employing fewer than 20 workers are estimated to have, on average, 1 working
area, while 103 mines employing 20 or more workers are estimated to have, on average,
2 working areas. The annual costs to take samples will be as follows:
Table 32 Annual Costs for MSHA Inspectors to Take DPM Samples
Mine Size
(Emp.)

Small (<20)
Large (20 - 500)
Large (>500)
Total

# of
Mines

Time to
Sample
Miners in
one Area
(hrs.)
9
10
10

66
103
4
173

Average # of
Working
Areas to
Sample
1
2
2

Inspector
Wage Rate
(hr.)

$32.25
$32.25
$32.25

Annual
Costs to
Sample

$19,157
$66,435
$2,580
$88,172

When each sample is taken a filter is needed costing about $35.
Table 33. Cost of Filters for Sampling
Mine Size
(Emp.)
Small (<20)
Large (20 - 500)
May 2009

# of
Mines
66
103

Average # of
Working Areas
to Sample
1
2
27

# of Samples
Taken per
Working Area
5
5

Cost of
Annual
Filter per
Costs for
Sample
Filters.
$35
$11,550
$35
$36,050

1219-0135

Large (>500)
Total

4
173

2

5

$35

$1,400
$49,000

It takes a GS 12/5 analyst earning $32.25 an hour approximately 1 hour to analyze one
DPM sample. It takes a GS 13/5 earning $38.35 one hour to upload the results of about
20 samples to MSHA’s database. The costs to analyze the samples and upload the
resultant data are as follows:
Table 34. Annual Costs for MSHA to Analyze Samples and Upload Data
Mine Size # of Avg. # of Avg. # of Total #
MSHA
MSHA
Total
(Emp.) Mines Areas Samples of
Labor Cost
Labor Cost
Annual
Sampled per Area Samples to Analyze
to upload
Costs for
Per Mine
Sample
DPM data
Analysis
(20 results
and
per hour)
Upload
Small
66
1
5
330
$10, 643
$633
$11,276
(<20)
Large (20 - 103
2
5
1,030
$33,218
$1,975
$35,193
500)
Large
(>500)
Total

4
173

2

5

40

$1,290

1,400

$45,151

Total cost to the Federal Government

$77

$1,367

$2, 685

$47,836

$185,008

15.
Explain the reasons for any program changes or adjustments reported in Items
13 or 14 of the OMB Form 83-I.
The previous submission accounted for many start-up or one time items. With the
slight decrease in respondents, and the elimination of many start-up items, the overall
burden has decreased for this submission as follows:
Respondents from 177 to 173 (decrease 4)
Responses from 21,264 to 18,752 (decrease 2,512)
Hours from 6,140 to 3,331 (decrease 2,809)
Costs from $565,000 to $176,363 (decrease $388,637)
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 the beginning and

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1219-0135

ending dates of the collection of information, completion of report, publication dates,
and other actions.
The results of the samples are available to the public on the MSHA internet,
www.MSHA.gov under the “Data Retrieval System” link.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
MSHA has no forms associated with this collection of information on which to display
an expiration date.
18. Explain each exception to the certification statement identified in Item 19,
”Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.
There are no certification exceptions identified with this information collection.

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B. COLLECTIONS 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 method 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 frequent 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.

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1219-0135

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 persons(s) who will actually collect and/or analyze the
information for the agency.
The collection of this information does not employ statistical methods.

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The Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
That this Act may be cited as the "Federal Mine Safety and Health Act of 1977".

TITLE I--GENERAL
MANDATORY SAFETY AND HEALTH STANDARDS
SEC. 101. (a) The Secretary shall by rule in accordance with procedures set forth in this section and in
accordance with section 553 of title 5, United States Code (without regard to any reference in such section
to sections 556 and 557 of such title), develop, promulgate, and revise as may be appropriate, improved
mandatory health or safety standards for the protection of life and prevention of injuries in coal or other
mines.

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