The respondents for the paperwork
provisions of this rule are underground coal mine operators. The
records will be used by coal mine operators, supervisors, and
employees, and State and Federal mine inspectors to provide
assurance that each mine operator and mine rescue team is prepared
for a mine emergency. The records show that the mine rescue team
equipment has been examined and tested and is in good working
order. The training records show that the mine rescue team members
and the responsible persons at the mine are competent to respond to
a mine emergency involving a fire, an explosion, or a gas or water
inundation. The records greatly assist those who use them in making
decisions that will ultimately affect the safety of all persons
working underground. These information collection requirements help
assure that properly trained mine rescue teams are readily
available to save endangered miners in life-threatening situations.
In addition, the training requirements in this information
collection will help assure the safety of the mine rescue team
itself.
On February 10, 2009, the
United States Court of Appeals for the District of Columbia Circuit
held that MSHAs Mine Rescue Teams rule, issued on February 8,
2008, is inconsistent with Section 4 of the MINER Act in three
respects. See Intl Union, United Mine Workers of Am. v. Dept of
Labor, 554 F.3d 150 (D.C. Cir. 2009. MSHA is issuing a final rule
to revise the existing rule in accordance with the MINER Act,
consistent with the Courts decision. This action has resulted in
an increase of public burden. This final rule revises MSHAs
existing standards for mine rescue teams for underground coal mines
resulting in an increase of 216 responses and 163 burden
hours.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.