1219-0138
Public Comment Version
SUPPORTING STATEMENT
30 CFR 75.350, 75.351, 75.352, 75.371 Safety Standards for Underground Coal Mine Ventilation - Belt Entry Used as an Intake Air Course to Ventilate Working Sections And Areas Where Mechanized Mining Equipment Is Being Installed or Removed.
A. JUSTIFICATION
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 of each regulation mandating or authorizing the collection of information.
Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 813, authorizes MSHA to collect information necessary to carryout its duty in protecting the safety and health of miners.
The Safety Standards for Underground Coal Mine Ventilation - Belt Entry rule provides safety requirements for the use of the conveyor belt entry as a ventilation intake to course fresh air to working sections and areas where mechanized mining equipment is being installed or removed in mines with three or more entries. Currently, 21 underground coal mines employing approximately 1913 miners use belt air to ventilate working sections. If the mine operators choose to use belt air to ventilate working places, the provisions will maintain the level of safety in underground mines while allowing them to implement advances in mining atmospheric monitoring technology. This rule establishes additional protective provisions that mine operators need to follow if they want to use belt air to ventilate working sections.
Section 75.351(b)(3) requires the posting at the surface location of an up-to-date map or schematic showing air flow directions and the location and type of all Atmospheric Monitoring System (AMS) sensors. Section 75.351(n)(1) requires that sensors used to detect CO or smoke be visually examined at least once each shift, when belts are operated as part of a production shift. If hazardous conditions are found during the visual exam, then a log of such conditions must be filed under existing Section 75.363(b) - Hazardous conditions; posting, correcting and recording (OMB approval 1219-0088).
Sections 75.351(n)(2) and 75.351(n)(3) require that alarms for AMS be tested every seven-days and CO, smoke, or methane sensors be calibrated, every 31 days, respectively.
Section 75.351(o)(1)(i) requires that a record be made if the AMS emits an alert or alarm signal. The record would consist of the date, time, location, and type of sensor, and the reason for its activation. Section (o)(1)(ii) requires that, if a malfunction in the system occurs, a record be made of the malfunction and the corrective action to return the system to proper operating condition. MSHA believes that such records are useful to the miner, the mine operator, and the Agency in determining areas of recurring problems. This will aid in ensuring proper operation of AMS.
Section 75.351(o)(1)(iii) requires that the persons doing the weekly test of alert and alarm signals, the monthly calibration, or maintenance of the system make a record of these tests, calibrations, or maintenance. Section § 75.351(o)(3) requires that all records concerning the AMS be kept in a book or electronically in a computer system, that is secure and not susceptible to alteration. Section 75.351(p) requires the mine operator to keep these records for at least one year at a surface location and to make them available for inspection by authorized representatives of the Secretary and representatives of miners.
Section 75.351(q) requires that a record of annual AMS operator training be kept. The record will include the content of training, the person conducting the training, and the date the training is conducted. The record needs to be maintained at the mine site by the mine operator for at least one year.
Sections 75.352(a) and 75.352(b) require the designated AMS operator or other appropriate personnel to take actions promptly when malfunction, alert, or alarm signals are received. These requirements are parallel to those of
§ 75.351(o).
Numerous provisions require action to modify the mine ventilation plan. Provisions under Section 75.371 Mine Ventilation Plan include: Section 75.371(ii) which requires the locations where dust measurements are made in the belt entry, in accordance with § 75.350(b)(3) be included in the mine ventilation plan; Section 75.371(jj) requires the locations where velocities in the belt entry exceed limits set forth in § 75.350(a)(2), and the maximum approved velocity for each location must be shown in the mine ventilation plan; Section 75.371(kk) requires the locations where air quantities are measured as set forth in § 75.350(b)(6) be included in the mine ventilation plan; Section 75.371(ll) requires the inclusion of point feed locations and their use in the mine ventilation plan; and §§ 75.371(nn), 75.371(oo), and 75.371(pp) require modification of the mine ventilation plan to show the length of the time delay or any other method used for reducing the number of non-fire related alert and alarm signals from CO sensors, the lower alert and alarm setting for CO sensors, and the alternate instrument and the alert and alarm levels associated with the instrument, respectively.
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.
The respondents are mine operators that elect to use belt air to ventilate working sections and areas where mechanized equipment is being installed or removed. The records will be used by coal mine supervisors and employees, State mine inspectors, and Federal mine inspectors. The records show that the examinations and tests were conducted and give insight into the hazardous conditions that have been encountered and those that may be encountered. The records of inspections greatly assist those who use them in making decisions that will ultimately affect the safety and health of miners working in belt air 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.
Mine operators may retain the records either in a secure book that is not susceptible to alteration, or electronically in a computer system that is secure and not susceptible to alteration. MSHA encourages operators who store records electronically to provide a mechanism which will allow the continued storage and retrieval of records. MSHA currently accepts automatic printing of alert and alarm signals and automatic storage of some data. No other improved information technology has been identified that would reduce the burden.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in 2 above.
MSHA knows of no other Federal or State reporting requirements that duplicate the reporting requirements contained in this section.
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.
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.
Reduction of these requirements could result in increased hazards to miners. If the information collections are not conducted, the consequences could be severe. A reduction in the frequency of examinations and tests associated with these information collections could allow unsafe conditions to develop, jeopardizing the safety of the miners.
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; NA
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, rant-in-aid, or tax records for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
This collection of information is consistent with the guidelines in 5 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.
MSHA published a 60-day Federal Register notice on Thursday, June 24, 2010, (Volume 75, Number 121, Page 36121), notifying the public that the information collection requirements are being reviewed in accordance with the Paperwork Reduction Act of 1995.
MSHA received one comment. In summary, 75.350 discuss belt air course ventilation which specifies the requirements when the belt entry is used as an intake air course to ventilate working areas. The commenter mentioned that this requirement is an important part of the mine ventilation plan and must be maintained for the safe operation of the mine, all information must continued to be reported and recorded as it has been in the past, the mine ventilation plan should not be considered a paperwork burden and is necessary for the proper performance of the functions of the agency and does have practical utility. If the coal operator chooses to submit information electronically, the commenter would not have an issue as long as the information is retained and made available to all interested persons and copies provided to miner representatives.
75.351 discuss atmospheric monitoring systems and mentions the mine operator must designate an AMS (Atmospheric Monitoring Systems), operator to monitor and promptly respond to all AMS signals. The posting at the surface location of an up-to-date map or schematic showing air flow directions and the location and type of all Atmospheric Monitoring System (AMS) sensors is required.
The commenter mentions that these specifications are necessary for the agency, company, miners and all involved parties to assure that the AMS is operating properly and suggests that no change be made to this standard.
Sections 75.352(a) and 75.352(b) require the designated AMS operator or other appropriate personnel to take actions promptly when malfunction, alert, or alarm signals are received. The commenter mentions that these specifications are necessary for the agency, company, miners and all involved parties to assure that the AMS is operating properly and suggests that no change be made to this standard.
75.371 discusses the mine ventilation plan and contents such as the mine name, company name, mine identification number, and the name of the individual submitting the plan information, planned main mine fan stoppages, type of device to be used for monitoring main mine fan pressure, methods of protecting main mine fans and associated components from the forces of an underground explosion, the locations and operating conditions of booster fans installed in anthracite mines, etc. The commenter mentions that this plan is one of the most important mine plans required by the standards and is necessary for the health and safety of the mine and miners. The plan is a standard part of a mine operation, is not a burden to the mine operator and the information required in the plan should not be changed and is necessary for the functions of the agency.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
MSHA will not provide payments or gifts to respondents identified by this collection.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
There is no assurance of confidentiality provided to respondents. Records are maintained by the mine operator and reviewed by MSHA inspectors during routine inspections.
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.
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.
The 21 Respondents listed is the number of existing and new mines using “Belt Air” and/or “Point Feeding”. These calculations are based on actual data collected from each of the eleven coal districts as of February 2010.
Section 75.351(j) requires approval of the CO ambient levels, and the means to determine those levels, in the mine ventilation plan.
Since only 50% of mines are expected to establish non-zero CO ambient levels, the number of responses is only 50% of the 21 mines using belt air.
MSHA estimates 8 hours of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
8 hours x 10.5 responses = 84 hours
84 hours x $76.21 = $6,402
Existing § 75.371(hh) requires reporting (as opposed to justification) within the mine ventilation plan of the "ambient level in parts per million of carbon monoxide, and the method for determining the ambient level, in all areas where carbon monoxide sensors are installed." This provision is impacted by § 75.351(j).
Since only 50% of mines are estimated to have established non-zero CO ambient levels, the number of responses is only 50% of the 21 mines using belt air.
MSHA estimates 0.25 hour of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
.25 hours x 10.5 responses = 2.625 hours
Section 75.351(m) permits a mine to incorporate time delays into the AMS, or to use other methods for reducing non-fire alerts and alarm levels, provided they are specified and approved in the mine ventilation plan. Permission for such time delays, or other methods of reducing non-fire alerts and alarms, would be granted based on associated documentation that justifies these changes.
MSHA estimates that only 40% of diesel mines use time delays, and non-diesel mines would use time delays. Hence, the number of responses is only a fraction of the 21 mines using belt air.
MSHA estimates 8 hours of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour. MSHA estimates annualized values of 144 burden hours for the 8.4 mines.
8 hours x 8.4 responses = 67.2 hours
67.2 hours x $76.21 = $5121
Section 75.351(n)(2) requires weekly testing of the alarms for an AMS. This weekly testing is accompanied by a documentation requirement in § 75.351(o)(1)(iii).
MSHA estimates 32.5 hours annually of burden time per affected belt-air mine, depending on mine size. This time is priced at the supervisor's wage rate of $76.21 per hour.
32.5 hours x 21 responses = 682.5 hours
682.5 hours x $76.21 = $52,013
Section 75.351(n)(3)(i) requires monthly calibration of the CO sensors for an AMS. This monthly calibration is accompanied by a documentation requirement in § 75.351(o)(1)(iii).
MSHA estimates 128 hours annually of burden time per affected belt-air mine annually, depending on mine size. This time is priced at the supervisor's wage rate of $76.21 per hour.
128 hours x 21 responses = 2,688 hours
2,688 hours x $76.21 = $204,852
Section 75.351(o)(1)(i) requires a record of all alerts and alarms of an AMS. Section 75.351(o)(1)(ii) requires a record of all malfunctions of an AMS.
MSHA estimates 8.33 hours of burden time per affected belt-air mine annually, depending on mine size. This time is priced at the miner's wage rate of $34.17 per hour.
hours x 21 responses = 174.93 hours
174.93 hours x $34.17 = $5,977
Section 75.351(o)(1)(iii) requires a record of all testing, calibration, and malfunctions of an AMS. These three recordkeeping requirements are analyzed separately below.
MSHA estimates 1.74 hours annually of burden time per affected belt-air mine annually, depending on mine size. This time is priced at the supervisor's wage rate of $76.21 per hour.
hours x 21 responses = 36.54 hours
36.54 hours x $76.21 = $2,785
MSHA estimates 6.4 hours of burden time per affected belt-air mine annually, depending on mine size. This time is priced at the supervisor's wage rate of $76.21 per hour.
6.4 hours x 21 responses = 134.4 hours
134.4 hours x $76.21 = $10,243
MSHA estimates 2.4 hours of burden time per affected belt-air mine, depending on mine size. This time is priced at the supervisor's wage rate of $76.21 per hour.
2.4 hours x 21 responses = 50.4 hours
50.4 hours x $76.21 = $3,841
Section 75.351(q) requires annual training of all AMS operators in the proper operation of the AMS, and that a record be kept of such training.
MSHA estimates 0.25 hour of burden time for recordkeeping. This time is priced at the supervisor's wage rate of $76.21 per hour.
Recordkeeping
.25 x 21 responses = 5.25
5.25hours x $76.21 = $400
Sections 75.352(a), (b), and (c) require procedures to be followed in response to all alerts, alarms, and malfunction signals of an AMS. These procedures are accompanied by a documentation requirement in §§ 75.351(o)(1)(i) and (ii).
MSHA estimates 15.21 hours of burden time per affected belt-air mine, depending on mine size. This time is priced at the miner's wage rate of $34.17 per hour.
15.21 hours x 21 responses = 319.41 hours
319.41 hours x $34.17 = $10,914
Section 75.371(kk) requires reporting within the mine ventilation plan of the “locations where air quantities are measured as set forth in § 75.350(b)(6).” The burden hours and costs of the initial reporting are shown in Table 13. The burden hours and costs of the subsequent reporting are shown in Table 14.
MSHA estimates 0.17 hour of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
.17 hours x 21 responses = 3.57
3.57x $76.21 = $272
Section 75.371(ll) requires reporting within the mine ventilation plan of the “locations and use of point-feed regulators, in accordance with §§ 75.350(c) and 75.350(d)(5).”
MSHA estimates 0.17 hour of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
.17 hours x 21 responses = 3.57
3.57x $76.21 = $272
Section 75.371(nn) requires reporting (as opposed to justification) within the mine ventilation plan of the “length of the time delay or any other method used for reducing the number of non-fire related alert and alarm signals from carbon monoxide sensors, in accordance with § 75.351(m).”
MSHA expects that only 40% of diesel mines would use time delays, and no non-diesel mines would use time delays. Hence, the number of responses is only 8.4 of the 21 mines using belt air.
MSHA estimates 0.25 hour of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
.25 hours x 8.4 responses = 2.1 hours
2.1 hours x $76.21 = $160
Section 75.371(oo) requires reporting (as opposed to justification) within the mine ventilation plan of the “lower alert and alarm settings for carbon monoxide sensors, § 75.351(m).”
Since only 5% of mines are expected to reduce alert and alarm levels, the number of responses is only 1.0 of the 21 mines using belt air.
MSHA estimates 0.25 hour of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
.25 hours x 1.0 response = .25 hours
.25 hours x $76.21 = $19
Section 75.371(pp) requires reporting within the mine ventilation plan of the “alternate detector and the alert and alarm levels associated with the detector, § 75.352(e)(7).”
Since only 10% of mines are expected to use smoke detectors that require substitute hand-held detectors for emergency use , the number of responses is only 2.1 of the 21 mines using belt air.
MSHA estimates 0.25 hour of burden time per affected belt-air mine, at a supervisor's wage rate of $76.21 per hour.
.25 hours x 2.1 responses = 0.525 hours
0.525 hours x $76.21 = $40
Total Burden Hours = 4,255
Total Burden Hour Cost = $303,512
Total Burden Hours and Costs Summarized By Provision
Section |
Responses |
Burden Hours |
Burden Hour Costs |
75.351(j) |
10.5 |
84 |
$6,402 |
75.351(j) 75.371(hh) |
10.5 |
2.625 |
$201 |
75.351(m) |
8.4 |
67.2 |
$5,121 |
75.351(n)(2) |
21 |
682.5 |
$52,013 |
75.351(n)(3) |
21 |
2,688 |
$204,852 |
75.351(o)(1)(i) & 75.351(o)(1)(ii)
|
21 |
174.9 |
$5,977 |
75.351(o)(1)(iii) weekly |
21 |
36.5 |
$2,785 |
75.351(o)(1)(iii) monthly |
21 |
134.4 |
$10,243 |
75.351(o)(1)(iii) maintenance |
21 |
50.4 |
$3,841 |
75.351(q) |
21 |
5.25 |
$400 |
75.352(a), 75.352(b) & 75.352(c) |
21 |
319.4 |
$10,914 |
75.371(kk) |
21 |
3.6 |
$272 |
75.371(ll) |
21 |
3.6 |
$272 |
75.371(nn) |
8.4 |
2.1 |
$160 |
75.371(oo) |
1 |
.25 |
$19 |
75.371(pp) |
2.1 |
.525 |
$40 |
Total |
251 |
4255 |
$303,512 |
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 13 and 15.)
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.
§ 75.351(1)(iii)(3). Record security of tests, calibrations, and maintenance.
Section 75.351(l)(1)(iii)(3) requires safekeeping of records for one year of all alerts, alarms, malfunctions, maintenance, examination, testing, and calibration for an AMS.
MSHA estimates $16.38 of materials cost per affected mine.
$16.38 cost per mine x 21 mines = $344
Section 75.351(n)(3)(i) requires monthly calibration of the CO sensors for an AMS. This monthly calibration is accompanied by a documentation requirement in § 75.351(o)(1)(iii). An AMS for a belt-air mine is assumed to have 40 sensors, depending on mine size, and estimates $1,920 (40 sensors x $48) in annual material costs per belt-air mine for calibration, depending on mine size.
40 sensors x 21 mines = 840 sensors
840 sensors x $48 = $40,320
Total Annualized Cost Burden = $40,662
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.
There is no cost to the Federal Government.
Explain the reason for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.
Respondents: There has been a decrease of 24 respondents (45 to 21), because the number of underground coal mines using belt air has decreased since 2007.
Responses: There has been a decrease of 44,517 responses (44,768 to 251) because the number of underground coal mines using belt air has decreased since 2007.
Hours: There has been a decrease of 4,828 hours (9,083 to 4,255) because the number of underground coal mines using belt air has decreased since 2007.
Costs: There has been a decrease of 227K ($531K - $304K) because the number of underground coal mines using belt air has decreased since 2007.
The number of reported information collections has increased, because MSHA has disaggregated the various portions of this request in order to improve the quality of its burden estimates.
16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
MSHA does not intend to publish the results of this information collection.
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 Submission," of OMB 83-I.
There are no certification exceptions identified with this final information collection.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This information collection employs no statistical methods; consequently, Supporting Statement B does not apply.
April 2010
| File Type | application/msword |
| File Title | SUPPORTING STATEMENT |
| File Modified | 2010-08-31 |
| File Created | 2010-08-31 |