Pattern of Violations

Forms and Documents

Document Name	Status
POV SUPPORTING STATEMENT 1-7-11.doc Supporting Statement A	2011-01-07

IC Document Collections

IC ID	Document Title	Status
195900	Patern of Violations 30 CFR Part 104	New

ICR Details

OMB Control No: 1219-0150	ICR Reference No: 201101-1219-008
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Pattern of Violations
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 03/14/2011
	Date Received in OIRA: 02/02/2011
Terms of Clearance: The information collection requirements associated with the Pattern of Violation proposed rule are not approved at this time. DOL will consider comments associated with the information requirements and resubmit at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, places the ultimate responsibility on mine operators for ensuring the safety and health of miners. The legislative history of the Mine Act emphasizes that Congress reserved the pattern of violations (POV) provision for mine operators with a record of repeated significant and substantial (S&S) violations. The provision was to be used in situations where other enforcement provisions of the statute had been ineffective at bringing the mine into compliance with safety and health standards. This proposed rule would revise the existing rule to simplify the existing POV criteria, improve consistency in applying the POV criteria, and more adequately achieve the statutory intent. It would also encourage chronic violators to comply with the Mine Act and MSHA’s safety and health standards. This proposed rule would contain a provision subject to review and approval by OMB under the Paperwork Reduction Act of 1995 (PRA). This information collection package for the proposed rule is being submitted to OMB for review under 44 U.S.C. § 3504, paragraph (h) of the PRA, as amended (44 U.S.C. 3501 et seq.). The existing rule includes mitigating circumstances under the initial screening criteria for issuing a potential pattern of violations (PPOV) notice as § 104.2(b)(4). The existing rule does not define mitigating circumstances, but explains its intent in policy. The proposed rule would eliminate the PPOV notice and incorporate the initial screening criteria into the pattern criteria for placing a mine in a POV status. The preamble to the proposed rule discusses the types of situations and conditions that MSHA would consider as mitigating circumstances in determining whether to issue a POV notice. The proposed rule states that MSHA would consider an operator’s effective implementation of an MSHA-approved safety and health management program as a mitigating circumstance. MSHA expects that most operators, who compare their compliance record with the POV criteria on MSHA’s website and determine that they are approaching a POV level, would work with MSHA to bring their mines into compliance to avoid being issued a POV notice, which could result in the temporary closure of the mine. These operators would submit a written safety and health management program to the District Manager for approval.

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Authorizing Statute(s): US Code: 30 USC 814(e)(4) Name of Law: Federal Mine Safety and Health Act of 1977 (Mine Act)
   US Code: 30 USC 957 Name of Law: Federal Mine Safety and Health Act of 1977 (Mine Act)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1219-AB73	Proposed rulemaking	76 FR 5719	02/02/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Patern of Violations 30 CFR Part 104

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This information collection information collection results from a proposed regulatory revision to the MSHA pattern of violations requirements.

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Annual Cost to Federal Government: $71,900

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 02/02/2011

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