Pattern of Violations

ICR 201508-1219-003

OMB: 1219-0150

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2015-12-09
Supporting Statement A
2015-12-09
IC Document Collections
IC ID
Document
Title
Status
195900
Modified
ICR Details
1219-0150 201508-1219-003
Historical Active 201302-1219-001
DOL/MSHA
Pattern of Violations
Extension without change of a currently approved collection   No
Regular
Approved without change 05/03/2016
Retrieve Notice of Action (NOA) 02/29/2016
  Inventory as of this Action Requested Previously Approved
05/31/2019 36 Months From Approved 05/31/2016
100 0 249
13,600 0 33,864
10,000 0 24,900

The Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, places the ultimate responsibility on mine operators for ensuring the safety and health of miners. The legislative history of the Mine Act emphasizes that Congress included the pattern of violations (POV) provision for mine operators who demonstrated a disregard for the safety and health of miners through a recurring pattern of significant and substantial (S&S) violations. MSHA was to use the POV provision in situations where other enforcement actions had been ineffective at bringing the mines into compliance with safety and health standards. This final rule will simplify the POV criteria, improve consistency in applying the POV criteria, and more adequately achieve the statutory intent. It also will encourage chronic violators to take proactive measures to comply with the Mine Act and MSHA's safety and health standards to bring their mines into compliance. This final rule contains a provision subject to review and approval by OMB under the Paperwork Reduction Act of 1995 (PRA). MSHA is submitting this information collection package to OMB for review under 44 U.S.C. § 3504, paragraph (h) of the PRA, as amended (44 U.S.C. 3501 et seq.). The existing rule included mitigating circumstances under the initial screening criteria, but does not define mitigating circumstances. MSHA explains its intent in policy. The final rule incorporates the initial screening criteria into the pattern criteria for placing a mine in a POV status. The preamble to the final rule states that MSHA will consider an operator's effective implementation of an MSHA-approved corrective action program as a mitigating circumstance. MSHA expects that most mine operators, who compare their compliance record with the POV criteria on MSHA's Web site and determine that they are approaching a POV level, will submit a written corrective action program to the District Manager for approval and work to bring their mines into compliance to avoid being issued a POV notice, which could result in the temporary closure of the mine or sections of the mine. MSHA believes that an operator who implements a corrective action program is demonstrating a commitment to complying with MSHA's standards and regulations, and to restoring safe and healthful conditions for miners.

US Code: 30 USC 814(e) 957 Name of Law: Federal Mine Safety and Health Act of 1977 (Mine Act)
   US Code: 30 USC 814(e)(1,2,3 &4) Name of Law: Federal Mine Safety and Health Act of 1977 (Mine Act)
  
None

Not associated with rulemaking

  80 FR 57399 09/23/2015
81 FR 10657 02/29/2016
No

1
IC Title Form No. Form Name
Patern of Violations

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 100 249 0 0 -149 0
Annual Time Burden (Hours) 13,600 33,864 0 0 -20,264 0
Annual Cost Burden (Dollars) 10,000 24,900 0 0 -14,900 0
No
No
Respondents: There has been a decrease of respondents (from 249 to 100). This is due to a high Agency estimate to what the Agency currently experiences and can be attributed in part to improved compliance as a result of actions taken by MSHA such as impact inspections. Responses: There has been a decrease of responses (from 249 to 100). This is due to the decrease in respondents. Burden Hours: There has been a decrease of 20,264 burden hours (from 33,864 to 13,600). This is due to a high Agency estimate to what the Agency currently experiences and can be attributed in part to improved compliance as a result of actions taken by MSHA such as impact inspections. Cost: There has been a decrease in annual cost of $14,900 (from $24,900 to $10,000). This is due to a high Agency estimate to what the Agency currently experiences and can be attributed in part to improved compliance as a result of actions taken by MSHA such as impact inspections.

$131,192
No
No
No
No
No
Uncollected
Nicole Bouchet 202 646-2814 [email protected]

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
02/29/2016


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