Under Section 101(a) of the Federal
Mine Safety and Health Act of 1977 (the Mine Act), the Secretary
may 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. In addition, Section 303 requires that all coal mines be
ventilated by mechanical ventilation equipment installed and
operated in a manner approved by an authorized representative of
the Secretary and such equipment be examined daily and a record be
kept of such examination. Underground coal mines usually present
harsh and hostile working environments. The ventilation system is
the most vital life support system in underground mining and a
properly operating ventilation system is essential for maintaining
a safe and healthful working environment. Lack of adequate
ventilation in underground mines has resulted in fatalities from
asphyxiation and explosions. An underground mine is a maze of
tunnels that must be adequately ventilated with fresh air to
provide a safe environment for miners. Methane is liberated from
the strata, and noxious gases and dusts from blasting and other
mining activities may be present. The explosive and noxious gases
and dusts must be diluted, rendered harmless, and carried to the
surface by the ventilating currents. Sufficient air must be
provided to maintain the level of respirable dust at or below 2
milligrams per cubic meter of air and air quality must be
maintained in accordance with MSHA standards. Mechanical
ventilation equipment of sufficient capacity must operate at all
times while miners are in the mine. Ground conditions are subject
to frequent changes, thus sufficient tests and examinations are
necessary to ensure the integrity of the ventilation system and to
detect any changes that may require adjustments in the system.
Records of tests and examinations are necessary to ensure that the
ventilation system is being maintained and that changes which could
adversely affect the integrity of the system or the safety of the
miners are not occurring. These examination, reporting and
recordkeeping requirements of §§ 75.310, 75.312, 75.342, 75.351,
75.360 through 75.364, 75.370, 75.371, and 75.382 also incorporate
examinations of other critical aspects of the underground work
environment such as roof conditions and electrical equipment which
have historically caused numerous fatalities if not properly
maintained and operated. MSHA is promulgating a final rule,
entitled
Respondents: There has been an
increase of 92 in the number of Respondents (457 to 549). This is
due to an increase in the number of underground coal mines.
Responses: There was an increase of 989,726 responses from the
previously approved 1,374 responses to the current total request of
1,300,846. The large revision is due to the correction of an
inadvertent underestimate of the previously approved 1,374
responses. An estimated increase of 309,746 responses is due to
this final rule. Hours: There was an overall decrease of 1,171,473
hours from the previously approved 1,388,721 hours. The current
estimated total request of 232,726 hours includes an increase of
15,478 hours due to the new burden hours associated with this final
rule. The revision in the estimate is due to a change in wages
rates and an increase in the number of mines, as well as the
removal of the burden hour costs for existing examinations
requirements. Costs: There was a decrease in estimated costs of
$29,979 from the previously approved $214,627 to the current total
estimate of $184,648. This was due to a revision in the estimate of
the number of mines and hourly wage rates. These changes were not
due to the final rule. Summary of Burden Hrs and Cost Requirement
Burden Hours 75.360 13,278 75.363 827 75.364 1,373 Totals 15,478
Summary of Responses Details No. of Respondents No. of Times to
Respond No. of Annual Responses 75.360 549 484.06 265,750 75.363
549 50 27,450 75.364 549 30.14 16,546 Total 309,746
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.
Response to OMB on Changes in 1219-0088 ( 6-27-12).doc
Ventilation Plans, Tests and Examinations in Underground Coal Mines