816-817.ss.drice.2011

816-817.SS.DRICE.2011.doc

30 CFR Parts 816 and 817 - Permanent Program Performance Standards - Surface and Underground Mining Activities

OMB: 1029-0047

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Supporting Statement A

30 CFR Parts 816 and 817–Permanent Program Performance Standards for

Surface and Underground Mining Activities


OMB Control Number 1029-0047

Terms of Clearance: None


General Instructions


A completed Supporting Statement A must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses, or employ statistical methods?” is checked "Yes," then a Supporting Statement B must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.


Specific Instructions


Justification


1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.


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. Be specific. If this collection is a form or a questionnaire, every question needs to be justified.


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 and specifically how this collection meets GPEA requirements.


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.


5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.


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.


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 secrets, 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.


8. If applicable, provide a copy and identify the date 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 in response to the PRA statement associated with the collection over the past three years, 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 three 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.


9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.


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.


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.

* 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 under “Annual Cost to Federal Government.”


13. Provide an estimate of the total annual non-hour cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in item 12.)

* 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 (including filing fees paid for form processing). 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.


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.


15. Explain the reasons for any program changes or adjustments in hour or cost burden.


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.


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.


18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."


Introduction


We, the Office of Surface Mining Reclamation and Enforcement (OSM), are submitting this information collection clearance package to request renewal of our authority to collect information and require retention of records under 30 CFR Part 816, Permanent Program Performance Standards—Surface Mining Activities, and 30 CFR Part 817, Permanent Program Performance Standards—Underground Mining Activities. OMB previously reviewed and approved this consolidated collection of information and recordkeeping and assigned it clearance number 1029-0047.


The regulations in 30 CFR Part 816 set forth the minimum environmental protection performance standards for surface coal mining activities. They primarily implement section 515 of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), which sets forth performance standards for surface coal mining and reclamation operations; section 517(b)(2) of SMCRA, which sets forth water monitoring requirements; and section 517(d) of SMCRA, which requires the posting of signs and markers at the minesite.


The regulations in 30 CFR Part 817 set forth the minimum environmental protection performance standards for underground coal mining operations. They primarily implement section 516 of SMCRA, which directs the Secretary to adopt performance standards for underground coal mines and includes additional requirements related to subsidence resulting from those operations; section 517(b)(2) of SMCRA, which sets forth water monitoring requirements; section 517(d) of SMCRA, which requires the posting of signs and markers at the minesite; and section 720 of SMCRA, which establishes requirements pertaining to replacement of certain water supplies adversely impacted by those operations and correction of subsidence-related material damage to protected structures.


The responses to some items in the instructions for the supporting statement are identical for each section; those responses appear on pages 8-11 of this document. Except as otherwise noted in the supporting statements for individual sections, the respondents and potential respondents consist of the coal mining entities that hold permits for or operate mines and facilities subject to regulation under SMCRA. In the 2010 evaluation year, those entities were responsible for 6,888 permanent program inspectable units. The respondents also include 24 state regulatory authorities.


The following table summarizes the information collection requirements and changes to the current collection burden for 30 CFR Parts 816 and 817.

INFORMATION COLLECTION SUMMARY FOR 30 CFR PARTS 816 AND 817


Section

(816/817)

Industry Responses

Industry Hours per Response

State Responses

State Hours per Response

Total Hours Requested

Currently Approved Burden Hours

Changes to Burden Hours

.41

100,048

6.5

0

0

650,312

447,850

202,462

.43

236

17

117

5

4,597

11,206

-6,609

.49

22,083

18

0

0

398,736

105,552

293,184

.62

11,825

8

0

0

94,600

153,920

-59,320

.64

1,507

4

0

0

6,028

3,848

2,180

.67

203,445

1.2

0

0

244,134

180,086

64,048

.68

0

0

0

0

0

11,544

-11,544

.71

8,512

28

0

0

238,336

72,576

165,760

.81

140

4

0

0

560

0

560

.83

7,140

8

0

0

57,120

23,292

33,828

.87

0

0

0

0

0

0

0

.116

1,270

80

2

100

101,800

70,600

31,200

817.121

115

4

0

0

460

320

140

817.122

4,128

1

0

0

4,128

819

3,309

.131

225

4

0

0

900

5,526

-4,626

.151

473

24

0

0

11,352

5,291

6,061

TOTALS

361,147


119


1,813,063

1,092,430

720,633


Notes:

  1. The discharge sampling, analysis, and reporting required under the National Pollutant Discharge Elimination System (NPDES) are not counted as a burden imposed by 30 CFR 816/817.41.


  1. All changes in burden hours are the result of adjustments to reflect either changes in usage or changes in the unit burden per response. The only exception is 30 CFR 816/817.81, in which case we are restoring the burden (560 hours) to correct the erroneous elimination of the burden in the previous supporting statement.





SUMMARY OF COSTS FOR 30 CFR PARTS 816/817


Section (816/817)

Total Respondent

Non-Wage Costs ($)

Total Federal

Wage Costs ($)

.41

5,002,400

1,964

.43

11,800

2,210

.49

688,800

5,892

.62

1,182,500

982

.64

113,025

982

.67

753,500

982

.71

851,200

1,964

.81

0

982

.83

714,000

1,964

.87

0

0

.116

127,000

1,964

817.121

2,875

0

817.122

12,384

0

.131

0

982

.151

47,300

0

TOTALS

9,506,784

20,868


List of Items with Identical Responses


A. Justification


3. We encourage, but do not require, the use of electronic information collection and submission techniques whenever appropriate and feasible. Generally, monitoring reports and some permit applications are prepared and submitted electronically, while engineering certifications, notification letters, newspaper notices, and preblast surveys are in paper form. We provide training, software, and technical assistance to states to promote the use of electronic information technology systems. Approximately 50% of responses are currently received electronically.


4. The information collection requirements of 30 CFR Parts 816 and 817 do not duplicate information collection requirements under other laws and regulations. OSM is the only federal agency charged with implementation of SMCRA with respect to performance standards for surface and underground mining activities. As required by SMCRA, our rules are structured to maximize coordination with other agencies and minimize duplication. When appropriate, our rules reference or incorporate requirements under the Clean Water Act or Mine Safety and Health Administration requirements rather than establishing separate requirements for the same purpose.


5. There are no special provisions for small businesses or other small entities. Special provisions are not appropriate because the requested information is the minimum needed to ensure or document that mining and reclamation activities are being conducted in a manner that ensures protection of public health and safety and minimizes environmental disturbances.


6. Failure to collect the information requested under 30 CFR Parts 816 and 817, or collection at less frequent intervals, would impair the ability of OSM and state regulatory authorities to ensure that surface and underground coal mining operations are conducted safely and in an environmentally protective manner consistent with the purposes and requirements of the Act. Furthermore, SMCRA specifically requires submission of some of the requested information at the indicated frequency.


7. This collection of information conforms with the guidelines in 5 CFR 1320.5(d)(2); i.e., 30 CFR Parts 816 and 817 do not require that collection of information be conducted in a manner that—


  • requires respondents to report information to the agency more often than quarterly;


  • requires respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;


  • requires respondents to submit more than an original and two copies of any document;


  • requires 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, is not designed to produce valid and reliable results that can be generalized to the universe of study;


  • requires the use of a statistical data classification that has not been reviewed and approved by OMB;


  • 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


  • requires respondents to submit proprietary trade secrets, 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.


8. We contacted the following state regulatory authorities and a mining consulting firm that prepares mining permit applications. We supplied a concise description of the type of information collection burden imposed by 30 CFR Parts 816 and 817, the currently approved burden, and proposed wage and nonwage burden estimates, along with a request for input on the associated information collection requirements and any other comments they wished to make regarding the clarity of the rules and potential burden.


Mark Stinnett, Assistant Director

Kentucky Department of Natural Resources

Division of Mine Permits

#2 Hudson Hollow Complex

Frankfort, KY 40601

Telephone: (502) 564-2320

Email: [email protected]


Nancy Nuttbrock, Administrator

Wyoming Department of Environmental Quality

Land Quality Division

122 West 25th Street, Herschler Building

Cheyenne, WY 82002

Telephone: 307-777-7046

Email: [email protected]


Fred Vass

Alliance Consulting, Inc.

Beckley, WV 25801

Telephone: 304-255-0491

Email: [email protected]


Mr. Vass suggested revisions to the unit hourly burden for industry for most sections. Mr. Vass also stated that the non-wage costs were far too low and that they should be raised to $100-120 per certification or other response. Mr. Stinnett found the burden for state regulatory authorities to be reasonably accurate; however, he stated that, in his experience, only 25%, rather than 50%, of all new permits issued would require a finding concerning the diversion of perennial or intermittent streams. Ms. Nuttbrock stated that mining permits in Wyoming almost never require such a finding. Although invited to do so, respondents did not comment on the availability of data, the frequency of collection, and the clarity of instructions or the data elements reported.


On August 3, 2011, OSM published in the Federal Register (76 FR 46840) a notice requesting comments from the public regarding the need for the collection of information, the accuracy of the burden estimate, ways to enhance the information collection, and ways to minimize the burden on respondents. This notice gave the public 60 days in which to comment. However, no comments were received.


9. Not applicable. OSM provides no payments or gifts to respondents.


10. No confidential information is solicited under 30 CFR Parts 816 and 817. However, with respect to information required under other regulations, the permit applicant has the right to request confidentiality for such information as analysis of the chemical and physical properties of the coal to be mined. Sections 507(b)(17), 508(a)(12), and 508(b) of SMCRA require that certain types of permit application information be kept confidential. The Archeological Resources Protection Act of 1979, 16 U.S.C. 470, requires that information on the nature and location of archeological resources on public lands and Indian lands be kept confidential.


11. Not applicable. There are no questions of a sensitive nature.


13. OSM has estimated wage costs for respondents: industry and state regulatory employees. OSM has derived these wages from the Bureau of Labor Statistics (BLS) websites at (http://www.bls.gov/oes/current/naics4_212100.htm for industry wages, and http://www.bls.gov/oes/current/naics4_999200.htm#b00-0000 for state employee wages. Benefits are included in these wage calculations using a rate of 1.4 of the salary for industry personnel and 1.5 for state employees per the BLS news release USDL-11-1305, EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—JUNE 2011, dated September 8, 2011 (http://www.bls.gov/news.release/pdf/ecec.pdf).


14. Wage costs for OSM employees are calculated based on the Office of Personnel Management website http://www.opm.gov/oca/11tables/html/gs_h.asp). Salaries for Federal employees in this section include a benefits rate of 1.5 per the BLS news release USDL-11-1305, EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—JUNE 2011, dated September 8, 2011 (http://www.bls.gov/news.release/pdf/ecec.pdf).

16. Not applicable. OSM has no plans to publish the information collected.


17. Not applicable. OSM is not seeking a waiver from the requirement to display the expiration date of the OMB approval of the information collection.


18. Not applicable. There are no exceptions to the certification statement, "Certification for Paperwork Reduction Act Submissions."

Supporting Statement for 30 CFR 816.22/817.22


These sections include one provision, 30 CFR 816/817.22(b), which have information collection implications. Under these sections, the operator must make certain demonstrations before using selected overburden materials as topsoil substitutes or supplements. However, this requirement is effectively subsumed by the permit application information requirements of 30 CFR 779/783.21(b), which requires that the results of the tests, analyses, and trials conducted under 30 CFR 816/817.22(b) be included in the permit application. Because 30 CFR Parts 779 and 783 have their own information collection authorities, we are not including a separate information collection burden estimate or request for 30 CFR 816/817.22.


Supporting Statement for 30 CFR 816.41 and 817.41


A. Justification


1. Section 517(b) of the Act provides that all mining permit holders must install, use, and maintain any necessary monitoring equipment or methods; evaluate the results of such methods; and provide such information relative to the operation as the regulatory authority deems reasonable and necessary. Our regulations at 30 CFR 816/817.41 implement these statutory requirements with respect to water monitoring. The rules require that ground and surface-water monitoring data be submitted in accordance with the monitoring plans specified in the permit application as required by 30 CFR 780.21 for surface mining and 784.21 for underground mining. Monitoring data must be submitted every 3 months or more frequently as prescribed by the regulatory authority until bond release or until the regulatory authority finds that monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan.


2. The information required under 30 CFR 816/817.41 is needed and used to monitor and determine the impact of the operation on water quality and the hydrologic balance, the protection of which is one of the requirements of SMCRA.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


According to our FY 2010 annual evaluation reports, there are 5,618 active and 1,270 inactive permanent program inspectable units in the nation. We estimate that the average inspectable unit will have four sampling points for water monitoring that is not required under an NPDES permit issued under the Clean Water Act. Based on consultation with the individuals listed in the response to item 8, we estimate that water monitoring will occur on all active sites and on 50% of all inactive sites. Therefore, we estimate that mine operators will have a total of 100,048 samples taken and analyzed annually [(5,618 active operations + 0.5 x 1,270 inactive sites) x 4 sampling points per operation x 4 samples taken per sampling point per year)].


We estimate that sampling and analysis will require an average of 6.5 hours per sample. The total burden for all respondents would be 650,312 hours (100,048 samples taken and analyzed per year x 6.5 hours per sample).


Regulatory authority personnel are not required to review water monitoring reports apart from the inspections conducted under 30 CFR 840.11 and 842.11, which have their own information collection budgets. Therefore, there is no information collection burden to state regulatory authorities under 30 CFR 816/817.41.


b. Estimated Annual Wage Cost to Respondents


OSM has estimated the wage cost as follows, including benefits (see item 13, page 10, for an explanation):


Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Hydrologist

$44.65

90%

$40.19

Operations Manager

$79.91

10%

$7.99

Total


100%

$48.18


At an average cost of $48.18 per hour, the estimated total annual cost for industry respondents to comply with 30 CFR 816/817.41is 650,312 hours x $44.51 = $28,945,387.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.41 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for this section.


b. Operation and Maintenance Costs


We estimate non-wage operation and maintenance costs to mine operators for compliance with the information collection requirements of 30 CFR 816/817.41 at $50 per sample, for a total annual cost of $5,002,400 (100,048 samples per year x $50 per sample). These costs consist primarily of sampling supplies, analysis costs, and fuel and equipment maintenance expenses for travel to the mine.


There are no non-wage operation and maintenance costs for the regulatory authority under these sections other than those associated with customary and usual business practices for a regulatory program.


14. Estimate of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.41. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 40 hours at $49.10 per hour (GS-12/5 regulatory program specialist/hydrologist reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $1,964.


Federal Programs: OSM is the regulatory authority for all operations under Federal regulatory programs, on Indian lands, and on Federal lands in states without a cooperative agreement. Regulatory authority personnel are not required to review water monitoring reports apart from the inspections conducted under 30 CFR 840.11 and 842.11, which have their own information collection budgets. Therefore, there is no information collection burden to OSM under 30 CFR 816/817.41.


Total Federal Cost


$ 1,964 Oversight

+ $ 0 Federal programs

$ 1,964 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.41 is 447,850 hours. We are now requesting 650,312 burden hours for these sections, an increase of 202,462 hours as a result of an adjustment to reflect an increase in usage.


447,850 hours currently approved by OMB

+ 202,462 hours due to an adjustment (increase in usage)

650,312 hours requested


There currently is no OMB-approved non-wage cost burden for 30 CFR 816/817.41. As a result of consultation with the persons listed in item 8, we have added a burden of $50 per sample to cover non-wage water sampling and analysis costs. The total requested non-wage cost burden is $5,002,400.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.43 and 817.43


A. Justification


1. This section includes two provisions with information collection implications.


Under the first, 30 CFR 816/817.43(b)(1), the regulatory authority must find, as a prerequisite for approval of diversions of intermittent or perennial streams within the permit area, that the stream-channel diversion has been located and designed to minimize adverse impacts on fish, wildlife, and related environmental values to the extent possible, using the best technology currently available. This requirement is consistent with sections 515(b)(24) and 516(b)(11) of the Act, which contain similar language concerning the protection of fish, wildlife, and related environmental values.


Under the second provision, 30 CFR 816/817.43(b)(5), a qualified registered professional engineer must separately certify both the design and construction of all stream-channel diversions of perennial and intermittent streams and all stream restorations. The design certification must certify that the design meets the design requirements of 30 CFR 816/817.43 and any design criteria established by the regulatory authority. The construction certification must certify that the stream-channel diversion or stream restoration meets all construction requirements of 30 CFR 816/817.43 and is in accordance with the approved design. The statutory authority for these regulations resides in the hydrologic protection requirements of sections 515(b)(10) and 516(b)(9) of SMCRA; the fish, wildlife, and related environmental value protection requirements of sections 515(b)(24) and 516(b)(11) of SMCRA; and section 201(c)(2) of SMCRA, which provides that the Secretary shall promulgate such regulations as are necessary to carry out the purposes and provisions of the Act.


2. The findings that the regulatory authority must make before approving a stream-channel diversion are needed to ensure that consideration has been given to the environmental protection requirements of the Act. Regulatory authorities rely in part upon the certification requirements of 30 CFR 816/817.43 to ensure that stream-channel diversions and stream restorations are designed in accordance with all applicable requirements and are constructed in accordance with approved plans to be stable and environmentally sound.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


Based on information supplied by the respondents listed in item 8, we estimate that approximately 25% of all new permits and permit revisions adding acreage include temporary or permanent diversions of perennial and intermittent streams. According to our FY 2010 annual evaluation reports, 473 permits and revisions of that nature were issued nationwide during that year (all but 4 in states with primacy), which means that state and federal regulatory authorities approve approximately 118 stream-channel diversions each year (117 in primacy states and 1 for lands for which OSM is the regulatory authority. We estimate that the regulatory authority will need an average of 5 hours to prepare the finding required under 30 CFR 816/817.43(b)(1). Therefore, we estimate that the annual information collection burden on the 24 state regulatory authorities for 30 CFR 816/817.43(b)(1) will total 585 hours (117 stream-channel diversions approved per year x 5 hours per finding per diversion).


Based on information supplied by the respondents listed in item 8, we estimate that a qualified registered professional engineer will require an average of 4 hours to certify the design of each permanent stream-channel diversion or stream-channel restoration under 30 CFR 816/817.43(b)(5) and an average of 30 hours (which includes the requisite field surveying) to certify the construction of each stream-channel diversion or restoration. The difference in burden between design and construction certifications is a result of the fact that most of the work for design certifications is included in the burden for the permitting requirements for stream-channel diversions plus the need for field surveying to complete the construction certification.


As noted in the first paragraph of item 12.a., state and federal regulatory authorities approve approximately 118 stream-channel diversions each year, each of which requires both a design and a construction certification for the diversion if the diversion is permanent or for the restoration of the stream channel if the diversion is temporary. Therefore, we estimate that the annual information collection burden on mine operators and permit applicants for preparation of stream-channel diversion and restoration certifications under 30 CFR 816/817.43(b)(5) will total 4,012 hours [118 permanent stream-channel diversions or restorations per year x (1 design certification per diversion or restoration x 4 hours per certification + one construction certification per diversion or restoration x 30 hours per certification)].


Design certification reports for stream-channel diversions and restorations do not require regulatory authority review apart from the normal permit application review process, which has its own information collection budget. Construction certification reports do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11 and 30 CFR 842.11, which also have their own information collection budgets. Therefore, there is no information collection burden for state regulatory authorities under 30 CFR 816/817.43(b)(5).


Thus, the total information collection burden for 30 CFR 816/817.43 is 4,597 hours (585 hours for state regulatory authorities + 4,012 hours for mine permit applicants and operators).


b. Estimated Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Administrative Support

$24.60

5%

$1.23

Engineering Technician

$31.51

50%

$15.76

Mining Engineer

$58.79

40%

$23.52

Operations Manager

$79.91

5%

$4

Total


100%

$44.51


At an average cost of $44.51 per hour, the estimated total annual cost for industry respondents is 4,012 x $44.51 = $178,574.


In addition, it takes 585 hours for state regulatory authorities to prepare the findings for temporary or permanent stream-channel diversions under this section. Using BLS statistics for state employee engineering technicians with benefits as indicated in item 13, page 10, we estimate that the wage cost is $33.71 per hour including benefits. Therefore, the estimated total annual wage cost for state regulatory authorities to prepare the findings under 30 CFR 816/817.43(b)(1) is $33.71 per hour x 585 hours = $19,720.


Therefore, we estimate that the total annual wage cost for all respondents will be $178,574 for industry + $19,720 for state regulatory authorities = $198,294.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.43 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for this section.


b. Operation and Maintenance Costs


Based on consultation with the persons listed in item 8, we estimate miscellaneous non-wage operation and maintenance costs to mine permit applicants and operators for compliance with the information collection requirements of 30 CFR 816/817.43(b)(5) at $100 per construction certification, for a total annual cost of $11,800 (118 construction certifications per year x $100 per certification). These costs consist primarily of fuel and equipment maintenance expenses for travel to the mine, drafting and office supplies, and copying expenses. There are no unique non-wage operation and maintenance costs associated with design certifications, which, as noted by one of the persons listed in item 8, cannot easily be separated from preparation of the design itself, which is a usual and customary business expense.


There also are no unique non-wage operation and maintenance costs associated with the findings that the regulatory authority must make for 30 CFR 816/817.43(b)(1).


14. Estimate of Annualized Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.43. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 40 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $1,964.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. As noted in item 12.a. above, we estimate that we approve one stream-channel diversion each year in states and on lands for which we are the regulatory authority. As also noted in item 12.a., each approval requires a finding that involves an average of 5 hours of staff time. At an average salary of $49.10 per hour, the annual wage cost to the federal government to prepare the finding would be $246 (1 diversion x 5 hours to prepare the finding x $47 per hour).


Total Federal Cost


$ 1,964 Oversight

+ $ 246 Federal programs

$ 2,210 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.43 is 11,206 hours. We are now requesting 4,597 burden hours for these sections, a decrease of 6,609 hours as a result of adjustments based on consultation with the persons listed in item 8. The adjustments consist of an increase of 1 hour for the average certification (a reduction from 16 hours to 4 hours for a design certification combined with an increase from 16 hours to 30 hours for a construction certification) plus a decrease in usage (the number of certifications and regulatory authority findings).


11,206 hours currently approved by OMB

- 6,609 hours due to adjustments (a decrease in usage and changes in the unit burden)

4,597 hours requested


The currently approved non-wage cost burden for 30 CFR 816/817.43 is $30,800. As a result of consultation with the persons listed in item 8, we have revised that estimate to $11,800 to reflect both an increase in unit costs from $50 per construction certification to $100 per construction certification and a decrease in usage.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.46 and 817.46


These sections include a provision at 30 CFR 816/817.46(b)(3) with information collection implications. Under that provision, a qualified registered professional engineer or qualified registered professional land surveyor must certify, upon completion of construction, that a siltation structure has been constructed as designed and approved. Since virtually all siltation structures are impoundments, this requirement is effectively subsumed by the impoundment certification requirements of 30 CFR 816/817.49(a)(11), which has its own information collection budget. Therefore, we are not including a separate information collection burden estimate for 30 CFR 816/817.46.


Supporting Statement for 30 CFR 816.49 and 817.49


A. Justification


  1. Section 515(b)(8)(B) of the Act requires that permanent water impoundments constructed as part of surface mining operations be stable with an adequate margin of safety compatible to that required for dams constructed under P.L. 83-566, the Watershed Protection and Flood Prevention Act (16 U.S.C. 1006). Although sedimentation ponds are not permanent structures, section 515(b)(10)(B)(ii) of SMCRA requires a certification by a qualified registered engineer or a qualified registered professional land surveyor in any state which authorizes land surveyors to prepare and certify such maps or plans that the sedimentation pond was constructed as designed and as approved in the reclamation plan. Section 516(b)(10) of SMCRA provides that, with respect to surface impacts, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking. The regulations at 30 CFR 816/817.49 implement these statutory provisions in part.


Under 30 CFR 816/817.49(a)(11), inspections must be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond. After each inspection, the qualified registered professional engineer or a qualified registered professional land surveyor must promptly prepare and provide to the regulatory authority a certified report on the conditions of the structure. In addition; a copy of the report must be maintained at or near the mine.


2. The inspections and reports required under 30 CFR 816/817.49(a)(11) are intended to ensure that the impounding structure is constructed in accordance with the approved design plan and will not present a hazard to the public because of unsafe construction practices or lack of proper maintenance. Both the operator and the regulatory authority use the information in the report to ensure the safety and stability of the impounding structure. Without the report, monitoring the condition and safety of the impounding structure would be difficult, and persons might not be aware of changing conditions of the structure or when it may become a hazard to the health and safety of the public.


3. See list of items with identical responses.


4. The Mine Safety and Health Administration requires the inspection and monitoring of impounding structures in the requirements of 30 CFR 77.216-3(a). Information from these inspections may be incorporated into the certified report, along with the additional information that is required by this regulation.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


Under 30 CFR 816/817.49(a)(11)(i), every impoundment must be inspected regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond. For most mines, this requirement equates to a minimum of one inspection per impoundment per year. However, for newly approved impoundments, this rule requires a minimum of two inspections during the year in which the impoundment is constructed (at least one during construction and one upon completion of construction). The rule also requires preparation of a certified report following the inspection of each impoundment. Based on consultation with the persons listed in item 8, we estimate that conducting the inspection and preparing the certified report for new impoundments will require an average of 32 hours, while inspecting and certifying an existing completed impoundment will require an average of 16 hours.


Our FY 2010 annual evaluation reports indicate that we and the states annually issue a total of 473 new permits and permit revisions that add acreage. These are the sites that would contain new impoundments. In addition, the annual reports show a total of 6,888 inspectable units in active or inactive status. Subtracting the 473 new permits indicates that there are approximately 6,415 existing inspectable units. Based on our experience and consultation with the persons listed in item 8, we estimate that each new permit and inspectable unit includes an average of 3 impoundments.


The estimated annual information collection burden associated with inspection and certification during construction and upon completion of construction of impoundments after issuance of a new permit or permit revision adding acreage totals 90,816 hours (473 new permits and revisions x 3 impoundments per permit or revision x 2 certified inspection reports per impoundment x 32 hours per report). The estimated annual burden associated with the annual inspection and certification of impoundments on inspectable units other than new permits and revisions totals 307,920 hours (6,415 existing inspectable units x 3 impoundments per inspectable unit x 1 certified report per impoundment x 16 hours per report).


Therefore, we estimate that the total annual burden for operators under these sections is 398,736 hours (90,816 hours for new permits and revisions + 307,920 hours for all other inspectable units).


Impoundment certification reports do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11, which has its own information collection budget. Therefore, there is no information collection burden for regulatory authorities under 30 CFR 816/817.49.


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

70%

$22.06

Mining Engineer

$58.79

20%

$11.76

Operations Manager

$79.91

5%

$4.00

Total


100%

$37.82


At an average cost of $37.82 per hour, the estimated total annual cost for industry respondents is 398,736 hours x $37.82 = $15,080,195.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.49 do not involve any capital or start-up costs unique to these requirements. Similarly, the recordkeeping requirements for regulatory authorities under this section do not require regulatory authorities to obtain unique or additional equipment or supplies. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


We estimate miscellaneous non-wage operation and maintenance costs to mine operators and permittees for compliance with the information collection requirements of 30 CFR 816/817.49 at $100 per inspectable unit per year, for a total annual cost of $688,800 (6,888 inspectable units x $100 per inspectable unit). These costs consist primarily of fuel and vehicle maintenance expenses for travel to the mine site, office supplies, and copying and postage expenses for providing the regulatory authority with a copy of the certified reports.


Non-wage recordkeeping costs to state regulatory authorities are insignificant because the reports are filed as part of the records that must be maintained for 30 CFR 840.14, which has its own information collection budget.


14. Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.49. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 120 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation):


The annual cost to OSM for this oversight activity is estimated to be $5,892.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. Impoundment certification reports do not require regulatory authority review apart from the inspections conducted for 30 CFR 842.11, which has its own information collection budget. Therefore, there is no federal program information collection burden under 30 CFR 816/817.49.


Total Federal Cost


$ 5,892 Oversight

+ $ 0 Federal programs

$ 5,892 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.49 is 105,552 hours. We are now requesting 398,736 burden hours for these sections, an increase of 293,184 hours as a result of adjustments to reflect both an increase in usage and, based on consultation with the persons listed in item 8, unit burdens (an increase of 10 hours in the burden needed to prepare the average impoundment inspection and certified report for existing operations an increase of 26 hours in the average burden needed to complete each impoundment inspection and certified report required during the first year for new permits).


105,552 hours currently approved by OMB

+ 293,184 hours due to adjustments (increases in both usage and unit burdens)

398,736 hours requested


The currently approved non-wage cost burden for 30 CFR 816/817.49 is $265,700. As a result of consultation with the persons listed in item 8, we have revised that estimate to $688,800 to reflect both an increase in unit costs from $50 per certification to $100 per certification and an increase in usage.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.



Supporting Statement for 30 CFR 816.61(d) and 817.61(d)


The information collection requirements under 30 CFR 816.61(d) are subsumed within 30 CFR 780.13, which requires submission of a blasting plan for all surface mines that involve the use of explosives. Therefore, the burden for preparation of a blast design for surface mines is included in the burden for 30 CFR 780.13.


There is no counterpart to 30 CFR 780.13 for underground mines. However, we do not anticipate that any underground mines will need to prepare a blast design under 30 CFR 817.61(d). Therefore, we are not including a burden estimate or request for 30 CFR 817.61.


Supporting Statement for 30 CFR 816.62 and 817.62


A. Justification


1. Section 515(b)(15)(E) of the Act imposes detailed planning, preblast survey, permitting, and record-keeping requirements on persons planning to conduct surface coal mining operations that involve the use of explosives. Section 516(b)(10) of SMCRA provides that, with respect to surface impacts, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking. Our regulations at 30 CFR 816/817.62(a) and (b) implement those statutory provisions in part by requiring operators to perform preblast surveys when a request is made by a resident or owner of a structure within one-half mile of any portion of the permitted area; and submit the survey to the regulatory authority, and a copy, to the resident or owner of the properties. In addition, they require that, at least 30 days before initiation of blasting, the operator must provide written notification to all residents or owners of dwellings or other structures located within ½ mile of the permit area explaining how to request a preblast survey.


2. The preblast survey must determine the condition of the dwelling structure and document any damage and other physical factors that could reasonably be affected by the blasting. In addition, the assessment must include the surface conditions and readily available data about structures such as pipelines, cables, transmission lines, and wells, cisterns, and other water systems. The regulatory authority, the operator and the owner of the structure can use the preblast survey reports to assess and compare conditions before blasting with those after blasting. In the absence of this information, there would be no way to fairly determine claims against the operator and no way for the owner to determine that blasting has or has not caused damage. This information can be also used as evidence in litigation. In addition to establishing a preblast record of the condition of structures, the survey opens lines of communication between the mining operator and the affected public.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


The notification and preblast survey requirements of 30 CFR 816/817.62 must be implemented before the initiation of blasting. Therefore, they apply primarily to new permits and permit revisions that add acreage. Our FY 2010 annual evaluation reports indicate that we and the states annually issue a total of 473 new permits and permit revisions that add acreage. Not all mining operations use explosives and, for those that do, the number of protected structures within 0.5 mile of the permit boundary varies widely. However, based on consultation with the persons listed in item 8 and prior discussions with respondents, we estimate that the average operation will notify the owners and conduct preblast surveys of 25 structures. Based on information provided by the persons listed in item 8, we estimate that the average notification and preblast survey will require 8 hours to complete. Therefore, we estimate that the annual information collection burden associated with 30 CFR 816/817.62 will total 94,600 hours (473 new permits and revisions x 25 protected structures per new permit or revision x 8 hours per survey).


Preblast notifications and surveys do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11, which has its own information collection budget. Therefore, the only information collection burden to state regulatory authorities under 30 CFR 816/817.62 is the time required to file the reports, which is a usual and customary business activity.


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

100%

$31.51


At an average cost of $31.51 per hour, the estimated total annual cost for industry respondents is 94,600 hours x $31.51 = $2,980,846.


There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for these sections.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.62 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


Based on consultation with the persons listed in item 8, we estimate non-wage operation and maintenance costs to mine operators for compliance with the information collection requirements of 30 CFR 816/817.62 at $100 per preblast survey, for a total annual cost of $1,182,500 (473 new permits and revisions adding acreage x 25 protected structures per new permit or revision x $100 per survey). These costs consist primarily of supplies, photographic expenses, publishing costs, and fuel and equipment maintenance expenses for travel to the mine.


There are no non-wage operation and maintenance costs for the regulatory authority under these sections other than those associated with customary and usual business practices.


14. Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.62. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 20 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $982.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. Preblast surveys do not require regulatory authority review apart from the inspections conducted for 30 CFR 842.11, which has its own information collection budget. Therefore, there is no federal program information collection burden under 30 CFR 816/817.62.


Total Federal Cost


$982 Oversight

+ $ 0 Federal programs

$982 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.62 is 153,920 hours. We are now requesting 94,600 burden hours for these sections, a decrease of 59,320 hours as a result of adjustments to reflect both a decrease in usage and, based on consultation with the persons listed in item 8, an increase from 4 hours to 8 hours in the time required to conduct and complete a preblast survey.


153,920 hours currently approved by OMB

- 59,320 hours due to adjustments (increases in both usage and unit burdens)

94,600 hours requested


There currently is no approved non-wage cost burden for 30 CFR 816/817.62. As a result of consultation with the persons listed in item 8, we have added a burden of $100 per preblast survey to cover supplies, photographic expenses, publishing costs, and other non-wage costs associated with conducting and completing a preblast survey. The requested annual non-wage cost burden is $1,182,500.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.64 and 817.64


A. Justification


1. Section 515(b)(15)(A) of the Act requires surface coal mine operators to provide adequate advance written notice to local governments and residents who might be affected by the use of explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality, and by mailing a copy of the proposed blasting schedule to every resident living within one-half mile of the proposed permit area where blasting will occur and by providing daily notice to resident/occupiers in such areas prior to any blasting. The regulations at 30 CFR 816.64 implement this statutory provision.


Section 516(b)(10) of SMCRA provides that, with respect to surface impacts, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking. Recognizing the differences between surface and underground mining, the rules at 30 CFR 817.64 did not impose the newspaper notice requirement on underground mines, although they do contain the other notice requirements.


  1. The blasting schedule publication and republication must list the times when all blasting shall take place as approved by the regulatory authority. In addition, the contents of the schedule for distribution shall identify the name, address and telephone number of the operator, specific areas identified for blasting, dates and time periods, methods used to control access to the blasting area, and the types and patterns of audible warning and all-clear signals to be used. This information is needed by the regulatory authority and residents to provide advance notice and warning of the restrictive time periods and areas for blasting. In the absence of such information, there would be no procedures for restricting the times for blasting, determining claims against a specific operator or justifying limitations on the basis of public health, safety and welfare. In addition to establishing and distributing a schedule for blasting, this requirement opens lines of communication between the operator and the public about the blasting times, location, and operator responsibility.


  1. This information is unique to each respondent and individual minesite. It is assumed that some report preparation is carried out by electronic methods. However, the nature and extent of utilizing electronic methods are not far-reaching, at least among the entities receiving the required information, local governments, individuals and newspapers. States require that the information be delivered as in hard-copy form in most instances.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. Information collection occurs before any blasting is conducted. The operator must republish and redistribute the blasting schedule at least once every 12 months. If notification were required less frequently, it could result in injury to those near the blast area because of a lack of familiarity with the previously published schedule.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


A mine operator typically prepares and distributes one blasting schedule annually for each coal mining operation that intends to conduct blasting during that year. Based on consultation with the persons listed in item 8, we estimate that half of all active surface inspectable units will conduct blasting, as will half of all new underground mine permits issued during that year. Our FY 2010 annual evaluation reports indicate that there are 2.899 active inspectable units and that we and the states issued 115 new underground mine permits during that year. Therefore, we estimate that mine operators will need to prepare and distribute blasting schedules for 1,507 operations each year.


Based on our experience as a regulatory authority and comments received from respondents identified in item 8, we estimate that the mine operator will need 4 hours to prepare a blasting schedule and send it to nearby residents. Therefore, we estimate that the annual information collection burden associated with 30 CFR 816/817.64 will total 6,028 hours (1,507 operations with blasting x 1 blasting schedule per year x 4 hours per blasting schedule).


Notifications for 30 CFR 816/817.64 do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11, which has its own information collection budget. Therefore, there is no information collection burden to state regulatory authorities under 30 CFR 816/817.64.


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

100%

$31.51


At an average cost of $31.51 per hour, the estimated total annual cost for industry respondents is 6,028 hours x $31.51 = $189,942.


There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for these sections.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.64 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


We estimate non-wage operation and maintenance costs to mine operators for compliance with the information collection requirements of 30 CFR 816/817.64 at $75 per site per year, for a total annual cost of $113,025 (1,507 minesites with blasting x $75 per minesite). These costs consist primarily of fuel and vehicle maintenance expenses for travel to the minesite, office supplies, copying and postage expenses, and newspaper publication charges.


There are no non-wage operation and maintenance costs for the regulatory authority under these sections other than those associated with customary and usual business practices.


14. Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.64. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 20 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $982.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. Federal inspectors review proof of publication and distribution of blasting schedules during federal inspections conducted for 30 CFR 840.11, which has its own information collection budget. Therefore, there is no federal program information collection burden under 30 CFR 816/817.64.


Total Federal Cost


$ 982 Oversight

+ $ 0 Federal programs

$ 982 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.64 is 3,848 hours. We are now requesting 6,028 burden hours for these sections, an increase of 2,180 hours as a result of an increase in usage.


3,848 hours currently approved by OMB

+ 2,180 hours due to an adjustment (increase in usage)

6,028 hours requested


There currently is no approved non-wage cost burden for 30 CFR 816/817.64. As a result of closer examination of our regulatory requirements, we have added an annual burden of $75 per operation that intends to conduct blasting during that year. These costs consist primarily of fuel and vehicle maintenance expenses for newspaper publication charges, fuel and vehicle maintenance expenses for travel to the minesite, office supplies, copying and postage expenses. The requested total annual non-wage cost burden is $113,025.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.67and 817.67


A. Justification


1. Section 515(b)(15)(C) of the Act requires that blasting at surface coal mining operations be conducted in a manner to prevent injury to persons and damage to public or private property outside the permit area. This section also requires limiting the type of explosives and detonating equipment, and the size, timing, and frequency of blasts based on the physical condition of the site. Section 516(b)(10) of SMCRA provides that, with respect to surface impacts, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking. The regulations at 30 CFR 816/817.67 implement these statutory requirements.


2. Airblasts are airborne shock waves resulting from the detonation of explosives. Ground vibrations are elastic waves emanating from a blast and propagating through soil and rock. The operator must monitor both airblast and ground vibration to document adherence to the limits established by the regulatory authority. Airblasts may not exceed the maximum limits listed under 30 CFR 816/817.67(b)(i), with some exceptions. The maximum ground vibration for protected structures may not exceed the values approved in the blasting plan required under 30 CFR 780.13 and established in accordance with one of the three measurement methods described under 30 CFR 816/817.67. This information is needed by the regulatory authority to document periodic airblast monitoring and seismic records for each blast under section 816/817.67(b) and (d). Lacking sufficient information, safety could be jeopardized, as would investigations of damage complaints.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


The information collection requirements of 30 CFR 816/817.67 apply to all active operations that conduct blasting. Based on consultation with the persons listed in item 8, we estimate that half of all active surface inspectable units will conduct blasting during any given year, as will half of all new underground mine permits issued during that year. Our FY 2010 annual evaluation reports indicate that there are 2.899 active inspectable units and that we and the states issued 115 new underground mine permits during that year. Therefore, we estimate that the requirements of these sections will apply to 1,507 operations each year.


Based on our experience as a regulatory authority and comments received from respondents, we estimate that the average mine will conduct blasting 3 times per week 45 weeks per year, monitor each blast with one seismograph placed at the closest protected structure, and take 1.2 hours per blast to set up and remove the seismograph, analyze the results, and file a copy of the seismographic record of the blast. Therefore, we estimate that the annual information collection burden associated with 30 CFR 816/817.67 will total 244,134 hours (1,507 operations with blasting x 3 blasts per week x 45 weeks per year x 1.2 hours per blast).


The seismograph records obtained under 30 CFR 816/817.67(d) do not require regulatory authority review apart from the inspections conducted under 30 CFR 840.11, which has its own information collection budget. Therefore, there is no information collection burden to state regulatory authorities under 30 CFR 816/817.67.


b. Estimate of Annual Wage Costs to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Blasters

$33.07

100%

$33.07


Therefore, the estimated total annual wage cost for all industry respondents for 30 CFR 816/817.67 is 244,134 hours x $33.07 = $8,073,511.


There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for these sections.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.67 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


We estimate non-wage operation and maintenance costs to mine operators for compliance with the information collection requirements of 30 CFR 816/817.67 at $500 per year per operation with blasting activity for a total annual cost of $753,500 (1,507 minesites with blasting x $500 per minesite). These costs consist primarily of seismograph paper costs, seismograph maintenance expenses, and fuel and vehicle maintenance expenses for travel to and from the seismograph locations.


There are no non-wage operation and maintenance costs for the regulatory authority under these sections other than those associated with customary and usual business practices.


14 Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.67. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 20 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $982.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. Federal inspectors review seismograph records during federal inspections conducted for 30 CFR 842.11, which has its own information collection budget. Therefore, there is no federal program information collection burden under 30 CFR 816/817.67.


Total Federal Cost


$ 982 Oversight

+ $ 0 Federal programs

$ 982 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.67 is 180,086 hours. We are now requesting 244,134 burden hours for these sections, an increase of 64,048 hours as a result of an increase in usage.


180,086 hours currently approved by OMB

+ 64,048 hours due to an adjustment (increase in usage)

244,134 hours requested


There currently is no approved non-wage cost burden for 30 CFR 816/817.67. We are adding a non-wage cost burden of $500 per operation per year to reflect the non-labor costs associated with seismograph operation, placement, removal, and maintenance. The requested total non-wage cost burden is $753,500.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.68 and 817.68


Section 515(b)(15)(B) of the Act require surface mine operators using explosives to maintain blast records for a period of at least three years. Upon request, copies of the records must be available to the public for inspection. Section 516(b)(10) of SMCRA provides that, with respect to surface impacts, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking.


The regulations at 30 CFR 816/817.68 implement these statutory provisions, with recordkeeping requirements tailored to the method used to measure ground vibration. Paragraphs (a), (b), and (c) identify the operator and the person responsible for the blasting in order to match the blast record with the operation and determine if the blaster is certified as required by section 816/817.61. Paragraph (d) records the distance to dwellings, which is necessary to determine compliance with the requirement under section 816/817.61(d) concerning the distance of the blast from dwellings. Paragraph (e) records weather conditions, which influence air vibration and could require schedule changes. Paragraphs (f) through (m) provide information necessary to determine the magnitude of the blast and conformance with section 816/817.67 ground vibration limitations. Paragraph (n) identifies measures to limit flyrock, which is subject to distance restrictions under section 816/817.67(c). Paragraph (o) records information basic to seismic tests, and paragraph (p) records any schedule changes, which are used to determine compliance with the blasting schedule requirements under section 816/817.64.


However, mine operators collected and maintained similar information before the enactment of SMCRA. Collection and maintenance of the information required under this section are customary business practices for insurance and legal purposes. Therefore, we are not including the time and expense required to prepare and maintain blasting logs as part of the information collection burden for 30 CFR Parts 816 and 817, a programmatic reduction of 11,544 hours.


Supporting Statement for 30 CFR 816.71 and 817.71


A. Justification


1. Section 515(b)(22) of SMCRA requires that all excess spoil be placed in a manner that will assure mass stability and safety and that will be compatible with the natural drainage pattern and surrounding landforms. The Act also requires that a qualified registered professional engineer certify the design of the spoil disposal area as being in conformance with professional standards. Section 516(b)(10) of SMCRA provides that, with respect to surface impacts, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking. The regulations at 30 CFR 816/817.71 implement these statutory provisions in part.


There are two provisions with information collection implications in 30 CFR 816/817.71. The first one, 30 CFR 816/817.71(e)(2), requires that the engineer certify that, if any excess spoil is to be placed in lifts greater than 4 feet in thickness, the design is stable and meets all other requirements. The information required by this provision is typically submitted as part of the permit application. Therefore, the burden for this requirement previously has been assigned to 30 CFR 780.35 (surface mining) and 784.19 (underground mining) to avoid duplicative counting.


The second provision, 30 CFR 816/817.71(h), requires that the engineer or other professional specialist inspect the fill at least quarterly throughout construction and during critical construction periods. The regulations identify a minimum of four critical construction periods, including completion of construction. This provision further requires that the engineer provide a certified report to the regulatory authority after each inspection. It establishes certain content requirements for the certification and requires that a copy of the report be retained at or near the minesite.


2. The inspections, reports, and certifications required by 30 CFR 816/817.71(h) are intended to assure that the fill is constructed in accordance with the approved design plans. The information is needed to ensure public safety and prevent environmental damage from fill failures.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. The information cannot be collected less frequently because the construction phase is an ongoing activity with the potential of some segments of the fill being covered prior to the next inspection.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


According to a nationwide survey conducted in 2005, more than 98% of all excess spoil fills are located in Kentucky, West Virginia, and Virginia. There is no evidence or reason to believe that the situation has changed in subsequent years. Our FY 2010 annual evaluation reports indicate that those three states have 1,385 active surface mines and that they issued 98 new permits for underground mines during that year. Based on data previously supplied by respondents in those states, we estimate that 50% (693) of the active surface mines have excess spoil fills under construction, with an average of three fills per mine. We also estimate that 50% (49) of all new underground operations in those states have excess spoil fills under construction, primarily as a result of facing up the underground mine, with an average of one fill per mine.


Based on information provided by the individuals listed in item 8, we estimate that conducting the quarterly inspections and providing the certified reports required during construction of an excess spoil fill will impose an information collection burden of 24-32 hours on the permittee, depending upon the amount of surveying required. For purposes of this analysis we will use 28 hours as the average burden per inspection. Therefore, we estimate that the total annual burden for surface mines with excess spoil will be 232, 848 hours (693 operations x 3 excess spoil fills per operation x 4 inspection and certification reports per fill per year x 28 hours per inspection and report). Similarly, we estimate the total annual burden for underground mines will be 5,488 hours (49 new underground mine permits x 1 excess spoil fill per permit x 4 inspection and certification reports per fill per year x 28 hours per inspection and report).


Engineering inspections and certifications of excess spoil fills do not require regulatory authority review apart from the inspections conducted under 30 CFR 840.11, which has its own information collection budget. Thus, there is no information collection burden for state regulatory authorities under 30 CFR 816/817.71.


Therefore, we estimate that the total annual burden for all respondents to comply with the information collection requirements of 30 CFR 816/817.71 is 238,336 hours (232,848 hours for surface mines + 5,488 hours for underground mines).


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

75%

$23.63

Mining Engineer

$58.79

20%

$11.76

Operations Manager

$79.91

5%

$4.00

Total


100%

$39.39


At an average cost of $39.39 per hour, the estimated total annual cost for industry respondents is 238,336 hours x $37.82 = $9,388,055.


There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for these sections.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.71 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


We estimate that non-wage operation and maintenance costs to mine operators for compliance with the information collection requirements of 30 CFR 816/817.71 will total $100 per year per inspection and certification report for a total annual cost of $851,200 [(693 surface mines with fills x 3 excess spoil fills per mine x 4 inspection and certification reports per fill per year x $100 per report) + (49 new underground mine permits with fills x 1 excess spoil fill per permit x 4 inspection and certification reports per fill per year x $100 per report)]. These costs consist primarily of office supplies and fuel and vehicle maintenance expenses for travel to and from the minesite.


Excess spoil fill inspection and certification reports do not require regulatory authority review apart from the inspections conducted under 30 CFR 840.11, which has its own information collection budgets. Therefore, there are no non-wage operation and maintenance costs for the regulatory authority under these sections.


14. Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.71. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 40 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $1,964.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. Excess spoil fill inspection and certification reports do not require regulatory authority review apart from the normal permit application review process and the inspections conducted under 30 CFR 842.11, which has its own information collection budget. Therefore, there are no federal program information collection costs to OSM under these sections.


Total Federal Cost


$1,964 Oversight

+ $ 0 Federal programs

$1,964 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.71 is 72,576 hours. We are now requesting 238,336 burden hours for these sections, an increase of 165,760 hours. The adjustments are based upon consultation with the persons listed in item 8. They reflect a slight decrease in usage combined with an increase in unit burden from 8 hours per inspection and certification report to 28 hours per inspection and certification report.


72,576 hours currently approved by OMB

+ 165,760 hours due to adjustments (a decrease in usage plus an increase in unit burden)

238,336 hours requested


There currently is no approved non-wage cost burden for 30 CFR 816/817.71. Based upon consultation with the persons listed in item 8, we are adding a non-wage cost burden of $100 per inspection and certification report to reflect the non-labor costs associated with office supplies and fuel and vehicle maintenance expenses associated with travel to and from the minesite. The requested total non-wage cost burden is $851,200 per year.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.81 and 817.81


A. Justification


1. Sections 515(b)(13) and 516(b)(5) of SMCRA require that coal mine waste piles, embankments, and impoundments be designed and constructed in accordance with standards and criteria developed under section 515(f) of SMCRA. Among other things, section 515(f) requires periodic inspections during construction, certification upon completion of construction, and periodic safety inspections. Section 515(b)(11) of the Act establishes additional performance standards for refuse piles. The regulations at 30 CFR 816/817.81 implement this requirement in part.


2. Regulatory authorities rely upon the design certification requirements of 30 CFR 816/817.81 to ensure that the coal mine waste disposal facility is designed in accordance with current, prudent engineering practices and does not present a public hazard or threat to property.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. Information is collected once during the design phase of the refuse pile or impoundment.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


We estimate that the design certification requirements of 30 CFR 816/817.81(c) for coal mine waste disposal facilities will apply to 90% of all new underground mine permits and 10% of all surface mine and other permits issued each year. According to our FY 2010 annual evaluation reports, we and the state regulatory authorities issued 358 permits for surface mines and other facilities and 115 permits for underground mines during that year, which means that each year these requirements will apply to 140 operations [(0.9 x 115 underground mine permits issued per year) + (0.1 x 358 permits issued for surface mines and other facilities per year)].


Based on our experience and information supplied by the respondents listed in item 8, we estimate that a qualified registered professional engineer will require an average of 4 hours to certify the design of each coal mine waste disposal facility. Therefore, we estimate that the annual information collection burden on permit applicants for preparation of certifications under 30 CFR 816/817.81 will total 560 hours (140 certifications per year x 4 hours per certification per year).


Design certification reports do not require regulatory authority review apart from the normal permit application review process and the inspections conducted under 30 CFR 840.11, which have their own information collection budgets. Therefore, there is no information collection burden to state regulatory authorities under 30 CFR 816/817.81.


b. Estimated Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

45%

$14.18

Mining Engineer

$58.79

50%

$29.40

Operations Manager

$79.91

5%

$4.00

Total


100%

$47.58


At an average cost of $47.58 per hour, the estimated total annual cost for industry respondents is 560 hours x $47.58 = $26,645.

There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for these sections.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.81 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


There are no unique non-wage operation and maintenance costs associated with design certifications, because, as noted by one of the persons listed in item 8, these costs cannot easily be separated from preparation of the design itself under 30 CFR 780.25 and 784.16, which have their own information collection budgets.


14. Estimate of Annualized Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.81. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 20 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $982.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. As noted in item 12.a., design certification reports do not require regulatory authority review apart from the normal permit application review process and the inspections conducted under 30 CFR 842.11, which have their own information collection budgets. Therefore, there is no federal program information collection burden for OSM under 30 CFR 816/817.81.


Total Federal Cost


$982 Oversight

+ $ 0 Federal programs

$982 Total Federal cost


15. There is currently no OMB-approved information collection burden for 30 CFR 816/817.81. We are now requesting 560 burden hours for these sections to correct an incorrect assumption in the previous supporting statement that this burden was included in the information collection burdens for 30 CFR 780.25 and 784.16.


0 hours currently approved by OMB

+ 560 hours due to a program change (correction of error in prior supporting statement)

560 hours requested


As discussed in item 13, there are no unique non-wage costs associated with the design certification requirement of 30 CFR 816/817.81.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.83 and 817.83


A. Justification


1. Sections 515(b)(13) and 516(b)(5) of SMCRA require that coal mine waste piles, embankments, and impoundments be designed and constructed in accordance with standards and criteria developed under section 515(f) of SMCRA. Among other things, section 515(f) requires periodic inspections during construction, certification upon completion of construction, and periodic safety inspections. Section 515(b)(11) of the Act establishes additional performance standards for refuse piles.


The regulations at 30 CFR 816.83 and 817.83, which pertain to the construction of refuse piles, implement these statutory provisions in part. The information collection requirements for refuse piles appear in paragraph (d) of 30 CFR 816/817.83, which requires that a qualified professional inspect or supervise the inspection of refuse piles at least quarterly throughout construction and during critical construction periods, that inspection reports be certified, and that the reports be maintained at or near the minesite.


2. Regulatory authorities use the reports required under 30 CFR 816/817.83(d) to ensure that refuse piles are constructed as designed and in a safe and stable manner that will minimize environmental damage and threats to public safety and public and private property.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. Information is collected quarterly during the construction of the refuse pile. Reduction of this frequency would not be prudent because the longer the time between inspections, the less certain the inspector can be that all pertinent construction activities have been properly performed.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


Based on consultation with the persons listed in item 8 and prior discussions with respondents, we estimate that 90% of active underground coal mining operations contain refuse piles under construction, as do 10% of all active surface mines and other active inspectable units. Thus, using data for the 2010 evaluation year, we estimate that the information collection burden for 30 CFR 816/817.83 will apply to 1,785 sites [(0.9 x 1,529 active underground mines) + (0.1 x 4,089 active surface mines and other inspectable units)].


Based on consultation with the persons listed in item 8, we estimate that conducting quarterly inspections of each refuse pile and preparing, filing, and maintaining certified reports for each inspection will require an average of 8 hours per inspection and certification. Therefore, the estimated total annual burden for all industry respondents under these sections is 57,120 hours (1,785 operations x 4 inspections and reports per year x 8 hours per inspection and report).


Refuse pile inspection and certification reports do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11, which have their own information collection budgets. Therefore, there is no information collection burden for state regulatory authorities under 30 CFR 816/817.83.


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

45%

$14.18

Mining Engineer

$58.79

50%

$29.40

Operations Manager

$79.91

5%

$4.00

Total


100%

$47.58


At an average cost of $47.58 per hour, the estimated total annual cost for industry respondents is 57,120 hours x $47.58 = $2,717,770.


There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for these sections.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.83 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


We estimate that non-wage operation and maintenance costs to mine operators for compliance with the information collection requirements of 30 CFR 816/817.83 will total $100 per year per inspection and certification report for a total annual cost of $714,000 (1,785 sites with refuse piles x 4 inspections and certifications per year x $100 per inspection and certification). These costs consist primarily of office supplies and fuel and vehicle maintenance expenses for travel to and from the minesite.


Refuse pile inspection and certification reports do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11, which has its own information collection budgets. Therefore, there are no non-wage operation and maintenance costs for the regulatory authority under these sections.


14. Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.83. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 40 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $1,964.


Federal Programs: OSM is the regulatory authority for all operations under federal regulatory programs, on Indian lands, and on federal lands in states without a cooperative agreement. Refuse pile inspection and certification reports do not require regulatory authority review apart from the normal permit application review process and the inspections conducted under 30 CFR 842.11, which has its own information collection budget. Therefore, there are no federal program information collection costs to OSM under these sections.


Total Federal Cost


$1,964 Oversight

+ $ 0 Federal programs

$1,964 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.83 is 23,292 hours. We are now requesting 57,120 burden hours for these sections, an increase of 33,828 hours as a result of a slight decrease in usage combined with an increase in unit burden from 3 hours per inspection and certification to 8 hours per inspection and certification, based upon information provided by the persons listed in item 8.


23,292 hours currently approved by OMB

+ 33,828 hours due to adjustments (a decrease in usage plus an increase in unit burden)

57,120 hours requested


There currently is no approved non-wage cost burden for 30 CFR 816/817.83. Based upon information provided by the persons listed in item 8, we are adding a non-wage cost burden of $100 per inspection and certification per year to reflect the non-labor costs associated with office supplies and fuel and vehicle maintenance expenses associated with travel to and from the minesite. The requested total non-wage cost burden is $714,000 per year.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.87 and 817.87


Under 30 CFR 816/817.87, the operator must develop a plan for extinguishing burning coal mine waste and handling or removing burning or burned coal mine waste, when applicable. The plan must be submitted to and approved by the regulatory authority. However, because this is a requirement that applies only in emergency and unanticipated situations, we are not including a request for an information collection budget for 30 CFR 816/817.87. It is not a routine or recurring event or requirement.



Supporting Statement for 30 CFR 816.116 and 817.116


A. Justification


1. Paragraph (a) of these sections requires that regulatory authorities establish revegetation success standards and statistically valid sampling techniques for use in determining revegetation success and make these standards and techniques available to the public. In combination with 30 CFR 800.40, the other paragraphs of these sections require documentation of compliance with revegetation success standards before the regulatory authority may approve final bond release. Sections 515(b)(19), 515(b)(20), and 516(b)(6) of SMCRA provide the legal basis for these regulations. Sections 515(b)(19) and 516(b)(6) require that surface coal mining and reclamation operations establish a permanent vegetative cover that meets certain criteria on all disturbed lands. Section 515(b)(20) specifies the length of the revegetation responsibility period, which determines in part how long and how many times the permittee must measure revegetation parameters.


2. The data and other information required by these sections are necessary for the regulatory authority and the public to determine whether the mined land has been successfully reclaimed.


3. The collection of information required for 30 CFR 816.116 and 817.116 is unique to each permit area. Respondents are state regulatory authorities who develop revegetation success standards and sampling techniques and mine permittees who demonstrate the success of revegetation efforts. The required information may be collected and maintained in electronic format at the discretion of the regulatory authority.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


Based on our experience, we estimate that, each year, approximately two state regulatory authorities will modify their standards for revegetation success under 30 CFR 816/817.116(a). Based on consultation with the persons listed in item 8, we estimate that each modification will require approximately 100 hours on the part of the regulatory authority. Therefore, the estimated total annual burden for state regulatory authorities is 200 hours (2 states revising sampling techniques or standards each year x 100 hours per state).


In addition, 30 CFR 816/817.116 requires that, following the completion of mining and other reclamation activities, all permittees document the success of revegetation, including attainment of all applicable revegetation success standards. Based on consultation with the persons listed in item 8, as well as other discussions with permittees and state regulatory authorities, we estimate that each permittee requires an average of 80 hours per year to conduct the necessary sampling and documentation for each operation or increment thereof with Phase II bond release. (Measurements for multiple years are necessary to document success.) The burden varies depending on location, postmining land use, the size of the parcel being evaluated, and the variability of the vegetation. For purposes of this analysis, we will use the number of inactive inspectable units as a surrogate for the number of operations that have received Phase II bond release, in whole or in part.


Data for the 2010 evaluation year show a total of 1,270 inactive operations for that year. Therefore, the estimated total annual burden for permittees to document revegetation success is 101,600 hours (1,270 inactive operations x 80 hours per year per inactive operation). There is no associated burden for regulatory authorities because the regulatory authority normally reviews this information only as part of a bond release application under 30 CFR 800.40, which has its own information collection budget.


The burden for all respondents to comply with 30 CFR 816/817.116 is 101,800 hours (200 hours for state regulatory authorities + 101,600 hours for operators).


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):





Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Administrative Support

$24.60

5%

$1.23

Samplers

$29.25

60%

$17.55

Soil and Plant Scientist

$42.13

35%

$14.75

Total


100%

$ 33.53


At an average cost of $33.53 per hour, the estimated total annual cost for industry respondents is 101,600 hours x $33.53 = $3,406,648.


In addition, it takes 100 hours for each state regulatory authority to modify its standards for revegetation success, an activity which approximately 2 states will conduct each year.


We estimate the wage cost for a state employee soil and plant scientist is $40.77 per hour (see item 13, page 10 for an explanation). Therefore, the estimated total annual wage cost for state regulatory authorities to modify standards for revegetation success is 200 hours x $40.77 = $8,154.


Thus, we estimate that the annual information collection burden for all respondents under 30 CFR 816/817.116 is $3,406,648 for industry + $8,154 for state regulatory authorities = $3,414,802.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.116 do not involve any significant capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for these sections.


b. Operation and Maintenance Costs


We estimate miscellaneous non-wage operation and maintenance costs to permittees for compliance with the information collection requirements of 30 CFR 816/817.116 at $100 per year for each operation with Phase II bond release, for a total annual cost of $127,000 (1,270 inactive minesites x $100 per site). These costs consist primarily of fuel and vehicle maintenance expenses for travel to the mine.


There are no unique operation or maintenance costs to state regulatory authorities for compliance with the information collection requirements of 30 CFR 816/817.116.


14. Estimates of Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.116. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 40 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $1,964.


Federal Programs: OSM is the regulatory authority for all operations under a federal regulatory program for a state, on Indian lands, and on federal lands for which there is no cooperative agreement providing for state regulation. However, we do not anticipate reviewing the sampling and analyses conducted under 30 CFR 816/816.116 unless they are included in an application for bond release under 30 CFR 800.40, which has its own information collection budget. Therefore, there are no federal program information collection costs to OSM under 30 CFR 816/817.116.


Total Federal Cost


$ 1,964 Oversight

+ $ 0 Federal programs

$ 1,964 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.116 is 70,600 hours. We are now requesting 101,800 burden hours for these sections, an increase of 31,200 hours as a result of an increase in usage.


70,600 hours currently approved by OMB

+ 31,200 hours due to an adjustment (increase in usage)

101,800 hours requested


The current OMB-approved annual non-wage cost burden for 30 CFR 816/817.116 is $44,000. Based upon information provided by the persons listed in item 8, we are doubling the non-wage cost burden from $50 per operation per year to $100 per operation per year to reflect the non-labor costs associated with office supplies and fuel and vehicle maintenance expenses associated with travel to and from the minesite. The requested total annual non-wage cost burden is $127,000 per year, which reflects the increase in unit costs discussed above as well as an increase in usage.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 817.121


A. Justification


1. This section contains two provisions with information collection implications. The first, 30 CFR 817.121(c)(5), specifies that the regulatory authority must require that the operator of an underground mine obtain additional performance bond to cover the cost of correcting any subsidence damage or water supply disruption that lasts beyond 90 days. The regulatory authority may extend this time up to one year if it finds in writing that all reasonably anticipated changes that could affect the structure or water supply have not yet occurred after 90 days. We are not including a burden estimate for this provision because of its non-standardized and remedial nature.


The second, 30 CFR 817.121(g), requires that each underground mine operator submit a detailed plan of the underground workings within a schedule approved by the regulatory authority. The preamble to this rule explains that this plan is a one-time submission intended to demonstrate how the operator of a newly approved underground mine will comply with the measures listed in the subsidence control plan for the mine.


Section 516(b)(1) of SMCRA, which specifies that each permit for an underground mine must require the operator to adopt measures to prevent subsidence to the extent technologically and economically feasible, in combination with section 516(a), which requires that the Secretary adopt rules to implement section 516, provide the statutory authority for 30 CFR 817.121(g). Additional statutory authority may be found in section 720 of SMCRA, which requires the adoption of regulations governing the correction of subsidence-related material damage to protected structures.


2. Regulatory authorities use the detailed plans submitted under 30 CFR 817.121(g) to evaluate compliance with the subsidence control plan submitted and approved under 30 CFR 784.20.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. This information is reported once and is needed to ensure that subsidence and related damage is minimized to the extent legally required.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


Underground mines must prepare detailed maps and plans for future underground workings as part of standard business practices and for the Mine Safety and Health Administration. Therefore, we are not including the cost of preparing the detailed maps and plans in the information collection burden estimate for 30 CFR 817.121(g). The only burden unique to SMCRA that this section adds is preparation of the description of the measures to be taken to prevent or minimize subsidence and related damage. Based in part on consultation with respondents, including the persons listed in item 8, we estimate that preparing this description will require an average of 4 hours per description.


The detailed maps and plans required for 30 CFR 817.121(g) are a one-time submission, the timing of which occurs at some point after approval of the permit application, but before underground activities begin. Therefore, this requirement will apply only to newly permitted underground mines and extensions of those mines.


We and the states issued 115 new underground mine permits and extensions during the 2010 evaluation year. Therefore, we estimate that the annual information collection burden on mine operators and permittees to prepare and submit detailed descriptions under 30 CFR 817.121(g) will total 460 hours (115 new underground mine permits and extensions issued per year x 1 detailed description per permit x 4 hours per detailed description).


The detailed maps and plans submitted under 30 CFR 817.121(g) do not require regulatory authority review apart from the inspections conducted under 30 CFR 840.11, which has its own information collection budget.


b. Estimated Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):




Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Engineering Technician

$31.51

45%

$14.18

Mining Engineer

$58.79

50%

$29.40

Operations Manager

$79.91

5%

$4.00

Total


100%

$47.58


At an average cost of $47.58 per hour, the estimated total annual cost for industry respondents is 460 hours x $47.58 = $21,887.

There are no wage costs for state regulatory authorities because there is no state regulatory authority burden for this section.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 817.121 do not involve any capital or start-up costs unique to these requirements. Preparation of maps and plans similar to those required under this section is a customary and usual business practice for underground mines. Similarly, the recordkeeping requirements for state regulatory authorities under this section do not require regulatory authorities to obtain unique or additional equipment or supplies. Therefore, we are not assigning any capital or start-up costs to the information collection burden for this section.


b. Operation and Maintenance Costs


We estimate that miscellaneous non-wage operation and maintenance costs to mine operators and permittees for compliance with the information collection requirements of 30 CFR 817.121 will be $25 per detailed description, for a total annual cost of $2,875 (115 new underground mine permits issued per year x 1 detailed description per permit x $25 per description). These costs consist primarily of drafting and office supplies and copying and delivery expenses for providing the regulatory authority with a copy of the maps and plans.


Non-wage recordkeeping costs to state regulatory authorities are insignificant because the maps and plans are filed as part of the mine records that must be maintained under 30 CFR 840.14, which has its own information collection budget.



14. Estimate of Annualized Cost to the Federal Government


The detailed descriptions submitted under 30 CFR 817.121(g) normally do not require regulatory authority or oversight review apart from the inspections that we conduct under 30 CFR 842.11, which has its own information collection budget. Therefore, there is no federal information collection burden associated with 30 CFR 817.121.


15. The current OMB-approved information collection burden for 30 CFR 817.121 is 320 hours. We are now requesting 460 burden hours for this section, an increase of 140 hours as a result of an increase in usage.


320 hours currently approved by OMB

+ 140 hours due to an adjustment (increase in usage)

460 hours requested


The current OMB-approved annual non-wage cost burden for 30 CFR 817.121 is $1,600. We are now requesting $2,875, which reflects both an increase in usage and an increase in the unit cost from $20 to $25 to accommodate inflation.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 817.122


A. Justification


1. This section specifies that the operator of an underground mine must mail a notification to all owners and occupants of surface property and structures above the planned underground workings at least 6 months before mining. The statutory authority for this requirement arises under section 201(c) of SMCRA, which provides that the Secretary shall publish such rules as may be necessary to carry out the purposes and provisions of SMCRA. Section 102(i) of SMCRA states that one of the purposes of the Act is to assure that appropriate procedures are provided for public participation in enforcement of the Act. The notice required for 30 CFR 817.122 lies within this rubric.


2. Persons who reside or own property overlying areas of planned underground mine workings use the notice required under 30 CFR 817.122 to prepare for any potential impacts of that mining.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. This information is submitted once to ensure public participation and awareness of potential hazards.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


The notification required by 30 CFR 817.122 applies only to those underground mines that prepare subsidence control plans. We estimate that 90 percent of all underground mines must prepare such plans under 30 CFR 784.20(b). In addition, most underground mines are located in relatively remote areas with few structures and large landholdings. Hence, the number of landowners and occupied dwellings overlying the planned underground workings is usually low, and the mine may be working beneath the same landholdings for more than 6 months. Taking these factors into consideration, we estimate that 50 percent of the active underground mines with subsidence control plans will need to provide notifications to an average of three surface landowners and residents of occupied dwellings every 6 months.


Data from the 2010 evaluation year show a total of 1,529 active underground mines for that year, which translates to 688 mines that will need to provide notification (0.5 x 0.9 x 1,529 active underground mines). Accordingly, we estimate that underground mine operators will need to mail a total of 4,128 notifications per year (688 mines x 3 surface owners or residents per mine x 2 notifications per owner or resident per year).


Based on consultation with the persons listed in item 8, we estimate that each notification will require 1 hour to prepare and deliver. Therefore, we estimate that the annual information collection burden on mine operators and permittees under 30 CFR 817.122 will total 4,128 hours (4,128 notifications per year x 1 hour per letter).


The notifications required under 30 CFR 817.122 do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11 and 842.11, which have their own information collection budgets. Hence, there is no information collection burden for state regulatory authorities under 30 CFR 817.122.


b. Estimated Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Administrative Support

$24.60

100%

$24.60


At an average cost of $24.60 per hour, the estimated total annual cost for industry respondents is 4,128 x $24.60 = $101,549.


There is no wage cost to state regulatory authorities because regulatory authority personnel review these notifications as part of the complete inspections conducted for 30 CFR 840.11 and 842.11, which have their own information collection budgets.




13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 817.122 do not involve any capital or start-up costs unique to these requirements. Therefore, we are not assigning any capital or start-up costs to the information collection burden for this section.


b. Operation and Maintenance Costs


We estimate that miscellaneous non-wage operation and maintenance costs to industry for compliance with the information collection requirements of 30 CFR 817.122 will total $3 per notification for a total annual non-wage cost of $12,384 (4,128 notifications per year x $3 per notification). These costs consist primarily of office supplies, copying, and delivery expenses.


14. Estimate of Annualized Cost to the Federal Government


The notifications required under 30 CFR 817.122 do not require regulatory authority or oversight review apart from the inspections conducted under 30 CFR 842.11, which has its own information collection budget. Therefore, there are no information collection costs to the federal government under 30 CFR 817.122.


15. The current OMB-approved information collection burden for 30 CFR 817.122 is 819 hours. We are now requesting a total of 4,128 hours to reflect both an increase in usage and an increase in the unit burden from 0.5 hour per notification to 1 hour per notification.


819 hours currently approved by OMB

+ 3,309 hours due to adjustments (increases in both usage and unit burden)

4,128 hours requested


The current OMB-approved annual non-wage cost burden for 30 CFR 817.122 is $4,914. We are now requesting $12,384, which reflects an increase in usage.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.131 and 817.131


A. Justification


1. These sections require that a person who plans to cease surface or underground mining activities on a temporary basis for more than 30 days first notify the regulatory authority. These sections also spell out what the notice must include. The statutory authority for these rules is the general rulemaking authority in section 201(c)(2) of SMCRA, which provides the Secretary, acting through OSM, shall publish such rules as may be necessary to carry out the purposes and provisions of the Act. The temporary cessation notice provides the regulatory authority with the information needed to ascertain that the operator has not abandoned the site without completing reclamation.


2. The required information is intended to ensure that the permittee notifies the regulatory authority of the cessation and identifies the environmental monitoring and protection activities that will continue during the period of temporary cessation. The regulatory authority can then review the notice to determine whether the environment will be adequately protected during the period of cessation. Failure to provide this information could result in environmental damage from pollutional discharges, failure to reclaim contemporaneously with mining, or other problems.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents

The number of temporary cessation notices for coal operations fluctuates from year to year, depending upon market and other conditions. Based upon information provided by the respondents identified in item 8, we estimate that each year permittees will file a notice of temporary cessation for approximately 4% of all active inspectable units. Based upon our experience as a regulatory authority, a permittee will need an average of 4 hours to prepare and file a notice. Therefore, based upon inspectable unit data for the 2010 evaluation year, we estimate that the total burden to comply with the notice requirements of 30 CFR 816/817.131 for all industry respondents is 900 hours (0.04 x 5,618 active inspectable units x 4 hours per notice).


Temporary cessation notices do not require approval by the regulatory authority. Upon receipt, the regulatory authority must review and file each notice. Hence, there is no information collection burden for state regulatory authorities under 30 CFR 816/817.122.


Thus, we estimate that the total annual information collection burden for 30 CFR 816/817.131 is 900 hours.


b. Estimate of Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Administrative Support

$24.60

5%

$1.23

Engineering Technician

$31.51

90%

$28.36

Operations Manager

$79.91

5%

$4.00

Total


100%

$33.59


At an average cost of $33.59 per hour, the estimated total annual cost for industry respondents is 900 hours x $33.59 = $30,231.


13. Total Annual Non-Wage Cost Burden to Respondents


There are no non-wage costs to industry respondents or state regulatory authorities other than usual and customary business practices.


14. Estimated Cost to the Federal Government


Oversight: There is no established frequency for conducting oversight reviews of state compliance with the requirements of 30 CFR 816/817.131. If we conduct an oversight review of this topic in one state program per year, that review would require an average of 20 hours at $49.10 per hour (GS-12/5 regulatory program specialist/mining engineer reviewing the application, including 1.5 multiplier for benefits. See item 14, page 11, for an explanation of wages and benefits):


The annual cost to OSM for this oversight activity is estimated to be $982.


Federal Programs: OSM is the regulatory authority for all operations under a federal regulatory program for a state, on Indian lands, and on federal lands for which there is no cooperative agreement providing for state regulation. As noted in item 12.a., notices of temporary cessation do not require action on the part of the regulatory authority beyond review and filing. Therefore, there is no information collection burden to OSM in federal program states.


Total Federal Cost


$982 Oversight

+ $ 0 Federal programs

$982 Total Federal cost


15. The current OMB-approved information collection burden for 30 CFR 816/817.131 is 5,526 hours. We are now requesting 900 burden hours for these sections, a decrease of 4,626 hours. We have removed the burden hours associated with regulatory review and filing since this is not an information collection burden - resulting in a programmatic reduction of 166 hours. We have also determined that there have been adjustments as a result of both a decrease in usage and a reduction in the unit burden from 16.5 hours per notice to 4 hours per notice. The adjustments reflect both our experience as a regulatory authority and information provided by the persons listed in item 8.


5,526 hours currently approved by OMB

- 166 hours due to a program change

- 4,460 hours due to adjustments (decreases in both usage and unit burden)

900 hours requested


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

Supporting Statement for 30 CFR 816.133 and 817.133


Paragraph (d) of this section, which concerns variances from approximate original contour restoration requirements, includes several provisions requiring notification and consultation with other agencies, written consent from the landowner, and certification by an engineer. However, the information collection burden for these provisions is included as part of the burden for 30 CFR 785.16, which effectively duplicates and incorporates the requirements of 30 CFR 816/817.133(d). Therefore, we are not including a separate information collection burden request for 30 CFR 816/817.133.

Supporting Statement for 30 CFR 816.151 and 817.151


A. Justification


1. Under 30 CFR 816/817.151(a), the construction or reconstruction of primary roads for surface and underground mines must be certified in a report to the regulatory authority by a qualified registered professional engineer (or qualified registered professional land surveyor) experienced in the design and construction of roads. The report must indicate that the road has been constructed or reconstructed as designed and in accordance with the approved plan.


Section 515(b)(17) of SMCRA provides that all surface coal mining and reclamation operations must insure that the construction of access roads will control or prevent erosion and siltation, water pollution, property damage, and damage to fish and wildlife or their habitat. Section 516(b)(10) of SMCRA provides that, with respect to the construction of new roads or the improvement or use of existing roads, underground coal mines must operate in accordance with the standards for surface coal mining operations in section 515 of the Act unless the Secretary modifies the requirements of section 515 by rulemaking. The certification requirement of 30 CFR 816/817.151(a) is intended to implement these statutory provisions in part.


2. Regulatory authorities rely in part upon the construction certification requirements of 30 CFR 816/817.151 to ensure that mine roads are constructed in accordance with current, prudent engineering practices and to ensure that they do not present an environmental hazard or threat to property.


3. See list of items with identical responses.


4. See list of items with identical responses.


5. See list of items with identical responses.


6. See list of items with identical responses.


7. See list of items with identical responses.


8. See list of items with identical responses.


9. See list of items with identical responses.


10. See list of items with identical responses.


11. See list of items with identical responses.


12. Estimated Information Collection Burden


a. Burden Hour Estimates for Respondents


Based on our experience and consultation with the persons listed in item 8, we estimate that all new mine permits and all permit revisions adding acreage will include the construction or reconstruction of one or more primary roads. For purposes of this analysis, we will assume that the road construction is completed in the same year that the permit was issued or the revision was approved, and that all roads within the permit area are included in the same certification. Based on consultation with the persons listed in item 8, we estimate that each certification under 30 CFR 816/817.151(a) will require an average of 24 hours to prepare and submit. This estimate includes the time needed to conduct a survey of the roads being certified.


Regulatory authorities issued a total of 473 new mine permits and permit revisions adding acreage during the 2010 evaluation year. Therefore, applying the assumptions discussed in the preceding paragraph, we estimate that the annual information collection burden on mine operators and permittees under 30 CFR 816/817.151 will total 11,352 hours (473 new permits and permit revisions adding acreage per year x 1 certification per permit or revision x 24 hours per certification).


Road certifications do not require regulatory authority review apart from the inspections conducted for 30 CFR 840.11 and 842.11, which have their own information collection budgets. Therefore, the only information collection burden to regulatory authorities under 30 CFR 816/817.151 is the expense of filing the certifications, which constitutes usual and customary business practices for regulatory authorities.


b. Estimated Annual Wage Cost to Respondents


We estimate that mine operators will incur the following wage costs (rounded) to complete the collection of information required under these sections (see item 13, page 10, for an explanation of wages and benefits):

Industry Wage Cost

Position

Hourly Rate with Benefits (x 1.4)

Percent of time spent on collection

Weighted Average per hour

Administrative Support

$24.60

5%

$1.23

Engineering Technician

$31.51

70%

$22.06

Mining Engineer

$58.79

25%

$14.70

Total


100%

$37.99


At an average cost of $37.99 per hour, the estimated total annual cost for industry respondents is 11,352 x $37.99 = $431,262.

As discussed in item 12.a., there are no wage costs for state regulatory authorities under 30 CFR 816/817.151 apart from those associated with usual and customary business practices.


13. Total Annual Non-Wage Cost Burden to Respondents


a. Annualized Capital and Start-Up Costs


The information collection requirements of 30 CFR 816/817.151 do not involve any capital or start-up costs unique to these requirements. Mining operations already have the requisite surveying and engineering equipment as part of their usual and customary business practices. Therefore, we are not assigning any capital or start-up costs to the information collection burden for this section.


b. Operation and Maintenance Costs


We estimate miscellaneous non-wage operation and maintenance costs to mine operators and permittees for compliance with the information collection requirements of 30 CFR 816/817.151 at $100 per certification for a total annual non-wage cost of $47,300 (473 certifications per year x $100 per certification). These costs consist primarily of fuel and equipment maintenance expenses for travel to the mine, drafting and office supplies, and copying and delivery expenses for providing the report to the regulatory authority.


14. Estimate of Annualized Cost to the Federal Government


The certifications submitted under 30 CFR 816/817.151 normally do not require regulatory authority or oversight review apart from the inspections that we conduct under 30 CFR 842.11, which has its own information collection budget. As discussed in item 12.a., there is no information collection burden for regulatory authorities under 30 CFR 816/817.151 other than that associated with usual and customary business practices.


15. The current OMB-approved information collection burden for 30 CFR 816/817.151 is 5,291 hours. We are now requesting 11,335 burden hours for these sections, an increase of 6,061 hours as a result of both a slight decrease in usage and an increase in the unit burden from 11 hours per certification to 24 hours per certification. The adjustments reflect information provided by the persons listed in item 8.


5,291 hours currently approved by OMB

+ 6,061 hours due to adjustments (increase in unit burden and decrease in usage)

11,352 hours requested


The current OMB-approved annual non-wage cost burden for 30 CFR 816/817.151 is $24,050. We are now requesting $47,300, which reflects both an increase in usage and an increase in the unit non-wage cost burden, based upon consultation with the persons listed in item 8.


16. See list of items with identical responses.


17. See list of items with identical responses.


18. See list of items with identical responses.

5


File Typeapplication/msword
File TitleSupporting Statement for Reporting Requirement
Authorjtreleas
Last Modified Byjtrelease
File Modified2011-10-07
File Created2011-07-27

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