1219-0030 ROCIS version

1219-0030
Supporting Statement
30 C.F.R. § 57.22204, Main Fan Operation and Inspection (applies to underground metal
and nonmetal mines which have been categorized as "gassy")
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 103 (a) of the Federal Mine Safety and Health Act of 1977 (Mine Act),
“authorized representatives of the Secretary of Labor (Secretary) or the Secretary of
Health, Education, and Welfare shall make frequent inspections and investigations in
coal or other mines each year for the purpose of (1) obtaining, utilizing, and
disseminating information relating to health and safety conditions, the causes of
accidents, and the causes of diseases and physical impairments originating in such
mines, (2) gathering information with respect to mandatory health or safety standards,
(3) determining whether an imminent danger exists, and (4) determining whether there
is compliance with the mandatory health or safety standards or with any citation, order,
or decision issued under this title or other requirements of the Mine Act. In carrying
out the requirements of this subsection, no advance notice of an inspection shall be
provided to any person, except that in carrying out the requirements of clauses (1) and
(2) of this subsection, the Secretary of Health, Education, and Welfare may give advance
notice of inspections. In carrying out the requirements of clauses (3) and (4) of this
subsection, the Secretary shall make inspections of each underground coal or other
mine in its entirety at least four times a year, and of each surface coal or other mine in
its entirety at least two times a year. The Secretary shall develop guidelines for
additional inspections of mines based on criteria including, but not limited to, the
hazards found in mines subject to the Mine Act, and her experience under the Mine Act
and other health and safety laws. For the purpose of making any inspection or
investigation under the Mine Act, the Secretary, or the Secretary of Health, Education,
and Welfare, with respect to fulfilling her responsibilities under the Mine Act, or any
authorized representative of the Secretary or the Secretary of Health, Education, and
Welfare, shall have a right of entry to, upon, or through any coal or other mine.”
30 C.F.R. § 57.22204, which is only applicable to metal and nonmetal underground
mines that are categorized as “gassy,” requires main fans to have pressure-recording
systems. This standard also requires main fans to be inspected daily while operating if
persons are underground and certification of such inspections by signature and date.
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Certifications and pressure recordings are to be retained for one year and made
available to authorized representatives of the Secretary. Potentially gassy (explosive)
conditions underground are largely controlled by the main fans. When accumulations
of explosive gases, such as methane, are not swept from the mine by the main fans, they
may reasonably be expected to contact an ignition source. The results of such contacts
are usually disastrous, and multiple fatalities may be reasonably expected to occur. The
standard contains significantly more stringent requirements for main fans in “gassy”
mines than for main fans in other mines.
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.

Information collected through the pressure recordings has been and is used by mine
operators and the Mine Safety and Health Administration (MSHA) for maintaining a
constant vigilance on mine ventilation and for ensuring that unsafe conditions are
identified early and corrected. Technical consultants may occasionally review such
information in addressing main fan or ventilation problems.
3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.

No improved information technology has been identified that would reduce the
paperwork burden; however, in order to comply with the Government Paperwork
Elimination Act, mine operators may retain the records of certifications and pressure
recordings by whatever method they choose, which may include the use of computer
technology.
4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.

Fan pressure recordings are required to be kept on file at the mine. There are no
duplicate records that could be used. The ventilation at each mine is unique to that
mine; therefore, there is no similar data that could be used.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB
Form 83-I), describe any methods used to minimize burden.

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This information collection does not have a significant impact on small businesses or
other small entities. Nevertheless, MSHA has made available on its web-site various
sources of information (links) that provide tips and general information on a number of
relevant topics (e.g., “Technical Assistance,” “Best Practices,” and “Accident
Prevention” sites) that could prove useful to small businesses or entities.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted
or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

MSHA has determined that maintaining proper ventilation is critical to providing the
miners with a safe atmosphere in which to work. To require mine operators to inspect
fans less frequently than on a daily basis would increase the risk that harmful gases
might accumulate and create an explosion hazard.
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.

Although 30 C.F.R § 57.22204 has no specific requirement that mine operators retain the
information collection described above for more than one year, such standard requires
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that a mine operator make daily inspections of main fans, and record and certify that
such inspections were made, for the entire time the mine is in operation. In addition, in
accordance with such standard, the certified records and the pressure recordings must
be maintained at the mine for a period of one year. The requirements are consistent
with the general information collection guidelines in 5 C.F.R. § 1320.5.
8. If applicable, provide a copy and identify the data and page number of publication in the Federal
Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years -- even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation in
a specific situation. These circumstances should be explained.

MSHA published a 60-day preclearance Federal Register notice on August 12, 2009 (Vol
74, Number 154, pages 40610-40611, soliciting public comments regarding the extension
of this information collection. One favorable comment from the United Mine Workers
of America supporting MSHA’s safety standards was received.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of
contractors or grantees.

MSHA does not provide any payment or gift to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance
in statute, regulation, or agency policy.

There is no personal information requiring confidentiality.
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 questions of a sensitive nature.

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12. Provide estimates of the hour burden of the collection of information. The statement should:
!

Indicate the number of respondents, frequency of response, annual hour burden, and
an explanation of how the burden was estimated. Unless directed to do so, agencies
should not conduct special surveys to obtain information on which to base hour
burden estimates. Consultation with a sample (fewer than 10) of potential
respondents is desirable. If the hour burden on respondents is expected to vary
widely because of differences in activity, size, or complexity, show the range of
estimated hour burden, and explain the reasons for the variance. Generally, estimates
should not include burden hours for customary and usual business practices.

!

If this request for approval covers more than one form, provide separate hour burden
estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

!

Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate categories.
The cost of contracting out or paying outside parties for information collection
activities should not be included here. Instead, this cost should be included in
Item 13.

MSHA estimates that approximately six mines will be affected by this standard.
MSHA's records show that there is an average of 2 main fans per mine and that a mine
operates approximately 330 days per year. It is estimated that the examination and
changing of the pressure-recording system (gauge charts) would require an average of
one-half hour per main fan. It has been MSHA’s experience that these charts are
examined and changed on a daily basis by an hourly employee of the mine operator.
The estimated average hourly wage of an hourly employee is $26.78 (based on U.S.
Metal and Nonmetal Mine Salaries, Wages, & Benefits - 2008 Survey Results).
Burden hours:
6 mines x 2 fans x 330 days x 0.5 hour = 1,980 hours
Burden cost:
1,980 hours x $26.78/hr. = $53,024
13.
Provide an estimate of the total annual cost burden to respondents or record keepers resulting
from the collection of information. (Do not include the cost of any hour burden shown in Items 12
and 14.)
!

The cost estimate should be split into two components: (a) a total capital and start-up
cost component (annualized over its expected useful life); and (b) a total operation and
maintenance and purchase of services component. The estimates should take into

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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.

Based on figures received from mine operators during various inspections, MSHA
estimates the average cost of a pressure-recording system to be $1,000 per system. The
useful life of the system is estimated to be 10 years, with the annualized cost to be
amortized at 10% per year over the expected life of the system. Annual maintenance
costs are estimated to be approximately 10% of the average cost of the system.
Annual maintenance cost:
6 mines x 2 recording systems (1 system per fan) x $1,000 per system x 0.10 (10%) =
$1,200
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.

No Federal inspection costs have been associated specifically for this information
collection. The examination of these records is just one aspect of an MSHA inspection.
As mentioned in response to Item 1, above, under Section 103(a) of the Mine Act,
inspections of the entire mine are required 4 times a year for underground mines and
twice a year for surface mines.
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15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the
OMB Form 83-I.

Respondents: The number of Respondents has changed from 8 to 6.
Responses: There has been a decrease of 1,320 responses (from 5,280 to 3,960). The time
to change the pressure-recording system, the number of working days throughout a
year and the average number of main fans per mine remains unchanged. The decrease
is due to a decrease in the number of mines.
Hours: There has been a decrease of 660 burden hours (from 2,640 to 1,980). This is also
due to the decrease in the number of mines.
Costs: The annual maintenance cost has increased slightly (from $1,120 to $1,200),
reflecting an increase in current market prices.
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.

The results from this information collection will not be published.
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 this collection. Therefore, MSHA is not seeking
approval to not display the expiration date for OMB approval of the information
collection.
18. Explain each exception to the certification statement identified in Item 19, "Certification for
Paperwork Reduction Act Submission," of OMB 83-I.

There are no certification exceptions identified with this information collection.

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B.

Collection of Information Employing Statistical Methods

The agency should be prepared to justify its decision not to use statistical methods in any case where
such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB
83-I is checked "Yes," the following documentation should be included in the Supporting Statement to
the extent that it applies to the methods proposed:
1.
Describe (including a numerical estimate) the potential respondent universe and any sampling
or other respondent selection methods to be used. Data on the number of entities (e.g.,
establishments, State and local government units, households, or persons) in the universe covered by
the collection and in the corresponding sample are to be provided in tabular form for the universe as a
whole and for each of the strata in the proposed sample. Indicate expected response rates for the
collection as a whole. If the collection had been conducted previously, include the actual response
rate achieved during the last collection.

The collection of this information does not employ statistical methods.
2.

Describe the procedures for the collection of information including:
!

Statistical methodology for stratification and sample selection,

!

Estimation procedure,

!

Degree of accuracy needed for the purpose described in the justification,

!

Unusual problems requiring specialized sampling procedures, and

!

Any use of periodic (less frequently than annual) data collection cycles to reduce
burden.

3.
Describe methods to maximize response rates and to deal with issues of non-response. The
accuracy and reliability of information collected must be shown to be adequate for intended uses. For
collections based on sampling, a special justification must be provided for any collection that will not
yield "reliable" data that can be generalized to the universe studied.
4.
Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an
effective means of refining collections of information to minimize burden and improve utility. Tests
must be approved if they call for answers to identical questions from 10 or more respondents. A
proposed test or set of tests may be submitted for approval separately or in combination with the main
collection of information.
5.
Provide the name and telephone number of individuals consulted on statistical aspects of the
design and the name of the agency unit, contractor(s), grantee(s), or other person(s) who will actually
collect and/or analyze the information for the agency.

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Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164*
An Act

INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103. (a) Authorized representatives of the Secretary or the Secretary of Health, Education,
and Welfare shall make frequent inspections and investigations in coal or other mines each year
for the purpose of (1) obtaining, utilizing, and disseminating information relating to health and
safety conditions, the causes of accidents, and the causes of diseases and physical impairments
originating in such mines, (2) gathering information with respect to mandatory health or safety
standards, (3) determining whether an imminent danger exists, and (4) determining whether there
is compliance with the mandatory health or safety standards or with any citation, order, or
decision issued under this title or other requirements of this Act. In carrying out the requirements
of this subsection, no advance notice of an inspection shall be provided to any person, except that
in carrying out the requirements of clauses (1) and (2) of this subsection, the Secretary of Health,
Education, and Welfare may give advance notice of inspections. In carrying out the requirements
of clauses (3) and (4) of this subsection, the Secretary shall make inspections of each
underground coal or other mine in its entirety at least four times a year, and of each surface coal
or other mine in its entirety at least two times a year. The Secretary shall develop guidelines for
additional inspections of mines based on criteria including, but not limited to, the hazards found
in mines subject to this Act, and his experience under this Act and other health and safety laws.
For the purpose of making any inspection or investigation under this Act, the Secretary, or the
Secretary of Health, Education, and Welfare, with respect to fulfilling his responsibilities under
this Act, or any authorized representative of the Secretary or the Secretary of Health, Education,
and Welfare, shall have a right of entry to, upon, or through any coal or other mine.

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