870 (OSM-1)ss.MB.MG 2020 Final

Supporting Statement A

30 CFR 870 – Abandoned Mine Reclamation Fund - Fee Collection and Coal Production Reporting, OSM-1 Form,

and Amended OSM-1 Form

OMB Control Number 1029-0063

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.

Introduction

This information collection clearance package is being submitted by the Office of Surface Mining Reclamation and Enforcement (OSM) to request renewed information collection authority under 30 CFR 870 of the OSM permanent regulatory program and the OSM-1 form. 30 CFR 870 contains the Federal rules governing the information to be provided by coal mining entities concerning their quarterly production and sale of coal under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) as amended by P.L. 101-508.

This information collection includes the requirements of the OSM-1 form, Amended OSM-1 form, and its authorizing regulations at 30 CFR 870, as well as the coal weight determination provisions of § 870.18. OMB has previously approved this collection and assigned it control number 1029-0063.

Specific Instructions

A. Justification

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

The Code of Federal Regulations, 30 CFR 870, requires payments of reclamation fees by coal mine and preparation plant operators as required by section 402 of SMCRA. The maintenance of coal production records required in sections 870.12 and 870.16 are necessary for routine business purposes and do not represent a data collection burden to the operator. Section 870.18 allows an operator to reduce the weight of coal tonnage subject to the reclamation fee based on an estimate of the excess moisture present in the coal.

Section 870.15(b) requires each operator to use the mine report form OSM-1 to report tonnage of coal sold, ownership transferred or used during the applicable calendar quarter.

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.

The information is used to maintain a record of coal produced for sale, transfer, or use nationwide each calendar quarter; the method of coal removal and the type of coal, and the basis for coal tonnage reporting. Individual reclamation fee payment liability is based on this information. OSM auditors use this information to verify an operator's compliance with Section 402 of the Act and the requirements of the regulation at 30 CFR §§ 870.18, 870.19, and 870.20. During an audit, operators must substantiate how the calculation for excess moisture was determined. Operators must retain their records for a 6-year period to allow for audit of records. During fiscal year 2019, the OSM-1 collected over $147 million in reclamation fees. Without this collection of information OSM could not implement its statutory and regulatory responsibilities and collect the fee. Response to this form is mandatory.

The fees are deposited in the Abandoned Mine Reclamation Fund and used by Congress to fund the reclamation of land and water resources that were adversely affected by coal mining prior to August 3, 1977, and for other purposes as addressed in section 401 of the Act. The OSM-1 form is a vehicle utilized by OSM for the operators to report this information.

An explanation of each item listed on the OSM-1 follows:

OSM-1 FORM

This information is needed to identify the coal mine operator and the associated mine:

Part 1

1. Identifies the calendar quarter and year of the report. The state and permit numbers for the report are shown here.

2. Identifies the authorized official who certifies, signs and dates the report.

3. Identifies the name, phone number and e-mail address of the person who OSM can contact who will be able to respond to questions about the report, and the reporting entity number.

4. Identifies the Total Payment the company is paying, method of payment either by electronic funds transfer or check.

5. Identifies the notary public whose seal is affixed to the report or the option to sign the unsworn statement.

Part 2 (Part 2 must be completed for each permit number reported.)

6. Identifies the calendar quarter and year.

7. Identifies the permit number assigned to the producing mine by the State or Federal government, the mine name, and State.

7 A. Identifies the Mine Safety and Health Administration (MSHA) number: the first 7 digits are assigned by MSHA, the last three are assigned by OSM.

7 B. Identifies the county where the mine is located. If the mine is on Indian land, the name of the tribe appears here.

7 C. Indicates that reporting on the permit can stop because coal production is complete, and all stockpiled tonnage sold, transferred or used is reported.

7 D-I. Identifies permittee and operator names, addresses and taxpayer identification number - either Employer Identification Number or Social Security Number.

8.

8 A. Identifies the gross coal tonnage using one or all of the following: no moisture deduction, tonnage with an excess moisture deduction and/or, tonnage at a reduced rate, which is sold, transferred or used during the calendar quarter.

If the coal tonnage subject to fees reported under (a) is reduced based on an allowance for the percentage of moisture in excess of the inherent moisture contained in the coal, complete blocks 8b. (1)-(3), 8c. and 8d. If no excess moisture deduction is taken, the tonnage in 8d. is the same amount as the 8a. tonnage.

8 B1. Indicates the quarterly percentage of total moisture.

8 B2. Indicates the quarterly percentage of inherent moisture.

8 B3. Indicates the quarterly percentage of excess moisture. (Subtract the quarterly inherent moisture percentage from the quarterly total moisture percentage and enter the result)

8 C. Indicates the quarterly reduced tons calculated as gross tons multiplied by the excess moisture percentage [a x b(3)=c].

8 D. Indicates the net tons that equal the gross tons minus the reduced tons (a - c = d).

8 E. The rate is determined by the type of coal. The per ton reclamation fees would be determined by adding 1 through 3. If the rate claimed is not the standard rate, documentation listing the invoice number, tonnage and revenue must be attached to the OSM-1. Computation of the tonnage must be by weighted average by quarter. Copies of the original and amended invoices must be included.

8 F. Indicates the calculated fee. The rate multiplied by the net tons (d x e = f).

9. Indicates the total fee for this permit number (the sum of each computation in 8f).

Part 3

10. Identifies the calendar quarter and year.

11. Identifies the permit number assigned to the producing mine by the State or Federal government, mine name, and State.

12. Identifies the mineral owner(s)' name and address.

13. Identifies the coal purchaser(s)' name and address.

14. Identifies the name and address where the coal has been delivered.

Amended OSM-1 FORM

This information is needed to make changes to an OSM-1 form already submitted:

1. Identifies the authorized official who certifies, signs and dates the amended report.

2. Identifies the calendar quarter and year of the report, Reporting Entity number, permit number, MSHA number, Mine name, State, Contact name, and Telephone number.

3.

Block A (Originally reported tonnage)

A. Identifies the originally reported gross coal tonnage using one or all of the following: no moisture deduction, tonnage with an excess moisture deduction and/or, tonnage at a reduced rate, which is sold, transferred or used during the calendar quarter.

If the coal tonnage subject to fees reported under (a) is reduced based on an allowance for the percentage of moisture in excess of the inherent moisture contained in the coal, complete blocks b.(1)-(3), c. and d. If no excess moisture deduction is taken, the tonnage in d. is the same amount as the tonnage in (a).

B1. Indicates the originally reported quarterly percentage of total moisture.

B2. Indicates the originally reported quarterly percentage of inherent moisture.

B3. Indicates the originally reported quarterly percentage of excess moisture. (Subtract the quarterly inherent moisture percentage from the quarterly total moisture percentage and enter the result.)

C. Indicates the originally reported quarterly reduced tons calculated as gross tons multiplied by the excess moisture percentage [a x b(3)=c].

D. Indicates the originally reported net tons that equal the gross tons minus the reduced tons (a - c = d).

E. Indicated the originally reported rate, which is determined by the type of coal.

F. Indicates the originally reported calculated fee. The rate multiplied by the net tons (d x e = f).

Block B (Amended tonnage)

A. Identifies the amended gross coal tonnage using one or all of the following: no moisture deduction, tonnage with an excess moisture deduction and/or, tonnage at a reduced rate, which is sold, transferred or used during the calendar quarter.

If the coal tonnage subject to fees reported under (a) is reduced based on an allowance for the percentage of moisture in excess of the inherent moisture contained in the coal, complete blocks b.(1)-(3), c. and d. If no excess moisture deduction is taken, the tonnage in d. is the same amount as the tonnage in (a).

B1. Indicates the amended quarterly percentage of total moisture.

B2.Indicates the amended quarterly percentage of inherent moisture.

B3. Indicates the amended quarterly percentage of excess moisture. (Subtract the quarterly inherent moisture percentage from the quarterly total moisture percentage and enter the result).

C. Indicates the amended quarterly reduced tons calculated as gross tons multiplied by the excess moisture percentage [a x b(3)=c].

D. Indicates the amended net tons that equal the gross tons minus the reduced tons (a - c = d).

E. Indicated the amended rate, which is determined by the type of coal.

F. Indicates the amended calculated fee. The rate multiplied by the net tons (d x e = f).

Block C (Difference between Block A and Block B)

Identifies the calculated fee difference (plus or minus) between Block A and Block B. The type of payment is also identified in Block C (i.e. check or wire transfer)

4. Identifies the notary public whose seal is affixed to the report or the option to sign the unsworn statement.

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.

OSM uses improved information technology to reduce the burden on the respondent by providing 1) an internet-based e-filing option, 2) pre-printed paper reports, and 3) an on-line amendment form.

E-filing

E-File is the product of the Single Source Coal Reporting initiative that can be assessed through the website (https://sscr.osmre.gov/OSM.aspx ) that coal companies (respondents) may use to electronically report coal production, file quarterly Coal Reclamation Fee Reports, and pay reclamation fees through the Internet.

The system has gained in popularity since its inception in 2001, as more and more companies realize the benefits of E-Filing. During the 2019 fourth quarter report, 335 of 425 companies used electronic filing to report on 85.7 % of coal mining permits.

The E-file system does much of the work that otherwise would be done by companies, including storing data from quarter to quarter and calculating amounts and totals. The system also provides companies access to reports and email reminders when deadlines approach.

In 2002, OSM enhanced E-File by adding the option of paying online through the Treasury Department’s Pay.Gov website. This eliminated the need to pay wire transfer fees or mail a check, making payment easier to complete as well.

In 2014, OSM modified the reporting process to clarify and streamline the process for stopping reporting once coal production is complete on a permit and all production has been reported.

E-File also supports E-Government initiatives. It streamlines reporting, lowers costs and reduces dependency on paper-based processes. E-Filing helped OSMRE achieve a 97.8% collection rate of over $147 million in FY 2019 in coal reclamation fees.

The E-File system has won awards such as the Denver Federal Executive Board’s Excellence in Government Award for outstanding productivity and process improvement. The product is also well-liked by customers. One enthusiastic E-Filer wrote: “I just wanted to let you know how much I enjoy filing my OSM-1 electronically. It is much simpler and more time effective. In today’s busy work schedule it makes it nice to find something that saves you time.” The system saves time for OSM as well as for the customer.

In 2019, E-filing was the preferred method companies use to review and submit their OSM-1 forms. Approximately 1,335 of 1,746 OSM-1 forms were electronically sent to companies in that period.

Pre-printed Paper Forms

When the OSM-1 form is sent to the respondent, the majority of the information on the OSM-1 (i.e., company name, address, contact person, telephone number, permit number, MSHA ID, etc.) is already pre-printed on the form before it is mailed to the respondent, thus reducing the time for the company to complete the form. In addition, payments may be electronically transmitted from the company to the Department of the Treasury. A blank copy of the OSM-1 form may be downloaded from OSM’s website at https://www.osmre.gov/resources/forms/OSM1.pdf.

On-line Amendment Form

OSM reduces paper waste by offering Amended OSM-1 forms online. An Amended OSM-1 form may be downloaded from OSM’s website at https://www.osmre.gov/resources/forms/OSM1Amended.pdf. Amendments may also be submitted electronically through OSM’s E-Filing program. The E-File Amended OSM-1 form automatically pre-fills a majority of the information (i.e. reporting year and quarter, master entity number, permit number, MSHA number, mine name, state, contact name, and telephone number originally reported tons and calculated fee).

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.

See item 3 above on the Single Source Coal Reporting initiative.

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

The SMCRA does not provide exceptions to the reporting requirements for small businesses. All operators of coal mining operations, including coal preparation plants, are required to report coal production information on a quarterly basis and pay a reclamation fee on the gross tonnage of coal produced for sale, transfer or use. This tonnage may be reduced by a percentage of excess moisture estimated to be contained in the coal. Nevertheless, as stated previously, OSM is taking steps to minimize the reporting burden on all businesses. Some examples of these steps are: pre-printing of company information on the paper OSM-1 form, pre-populating the company data on the E-Filing form and E-Filing automation of tonnage and moisture calculations for coal companies.

This includes all operators removing more than 250 tons of coal within any 12 consecutive calendar month period. Operators are only required to report the minimum identifying and location information and the tonnage of coal sold, transferred or used during the calendar quarter. An operator who takes an excess moisture allowance must report quarterly percentages of total and inherent moisture and the percentage of excess moisture reduction taken. This collection includes the time required for respondents to gather the data for the OSM-1 Form, including excess moisture content, and prepare and submit the OSM-1.

As in the case of all requests for information, the information requested is limited to the minimum necessary to comply with the requirements of the Act.

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.

Section 402 of the Act requires the submission of information on a quarterly basis. If this information collection effort was not made each calendar quarter, the basis for the statutorily mandated quarterly payment of reclamation fees would not be documented. Moreover, without this reporting, OSM would be unable to determine the State and Tribal shares of the Abandoned Mine Reclamation Fund.

For those operators taking a coal moisture deduction, the information collection requirement in this regulation is initiated at the option of the operator when he/she decides to take an allowance for excess moisture. In order to take the allowance the operator must demonstrate by standard laboratory analysis what is the excess moisture content of the coal. The regulations specify that the documentation (laboratory results) shall be updated as necessary to establish the continuing validity of the excess moisture content allowance. OSM has issued technical guidance on acceptable tests and frequency for their use. OSM generally accepts a monthly equilibrium moisture test to establish inherent moisture on a coal sample taken from a single coal seam, or a composite sample from multiple seams mined in each month of the first 24 months a coal seam is in continuous operation to establish a baseline. An annual update of this baseline is required. Since July 1, 1993, OSM has also accepted a quarterly inherent moisture amount based on a single equilibrium moisture test taken during the calendar quarter.

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.

Operators must submit information quarterly and retain their records for a 6-year period to allow for the audit of tax records. Courts have ruled that the AML fee is an excise tax. Beyond these exceptions, guidelines in 5 CFR 1320.5(d)(2) are not exceeded.

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.

On August 26, 2020, OSMRE published in the Federal Register (85 FR 52636) 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.

The following eight coal companies were consulted in September 2020 regarding the OSM-1 Form

E-Filing Companies:

COAL MAC LLC

Accountant (606)509-3318

Accounts Payable Manager KEYSTONE ANTHRACITE CO INC

(570)590-1673

Accounts Payable Supervisor BLASCHAK COAL CORP

(570)773-2113

Accountant B & N COAL INC

(740)783-3575

Paper Filing Companies:

Supervisor Accountant E P BENDER COAL CO INC

(847)344-8063

Accountant JMAC LEASING INC

(606)928-1510

Accountant P & N COAL CO INC

(814)938-7660

Accounts Payable Manager CLAY LAUREL MINING INC

(606)309-3118

Two of the eight companies surveyed used the moisture calculation on the OSM-1 Form one company E-filed the OSM-1 form with multiple permits. The other company that took moisture deduction filed the OSM-1 form by paper and filed for multiple permits. The company that electronically filed sampled and tested inherent moisture daily and the company that filed by paper sampled and tested the inherent moisture quarterly. The electronic filer reported it took five minutes to E-file the moisture data on OSMRE’s SSCR website that is done using an automatic inherent moisture calculator included when OSM-1 filing. All companies obtain and retain coal reporting data via spreadsheets and databases.

None of the eight companies contacted expressed concern with the information requested, the frequency of collection, understanding the instructions, or with the elements being collected.

Amended OSM-1 Form:

Paper Filing Company:

Financial Analyst Warrior Met Coal Mining

(205)554-6224

E-Filing Company:

Accountant EAGLE RIVER COAL MINING

(205) 554-6224

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

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

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

Counsel has determined that the information to be collected is not confidential and can be disseminated to the public without limitation.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature on the OSM-1 form or Amended OSM-1 Form. All information is protected to the extent authorized or required by the Privacy Act and the Freedom of Information Act as provided for in Section 870.16 (c).

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.”

a. Estimate of Respondent Reporting Burden

OSM-1 Form (electronic and paper)

Based on the Coal Fee Collection Management System for four reporting quarters in 2019, there were 1,746 OSM-1 forms sent out reporting on 4,338 permitted mine sites. Among these forms, 1,335 were Electronic OSM-1 forms reporting on 3,649 sites, and 411 were Paper OSM-1 forms reporting on 689 sites permits.

Total Annual Responses: 4,338 (3,649 permit filings + 689 permit filings)

Based on comments received from company operators surveyed (listed above), it will take on average 4 minutes to prepare an electronic form and on average 7 minutes to file the paper form. Previously, the average electronic form took 2 minutes and the paper form took 6 minutes.

Annual burden hours for electronic filing:
3,649 filings x 4 minutes/60 minutes/hour = 243.3 hours

Annual burden hours for paper filing:
689 filings x 7 minutes/60 minutes/hour = 80.4 hours

Total annual burden hours for OSM-1 form:
324 hours (243.3 hours + 80.4 hours)

OSM-1 Form Part 2- Coal Moisture Deduction

We estimate 38 % or 1,648 of the 4,338 permit sites use the Coal Moisture Deduction based the survey results.

Total Annual Responses: 1,648 (38% of 4,338)
Based on the input received from company operators on average it will requires 5 minutes to complete this form. Previously, the estimated time took one 1 minute per filing which appears as an under-estimate based on estimates from current operators contacted.

Annual Hour burden:

1,648 filings x 5 minutes)/60 minutes/hour = 137 hours.

Amended OSM-1 Form

In four reporting quarters in 2019, 37 companies filed an Amended OSM-1 forms. 33 companies representing 89 % of filed Amended OSM-1 form using the E-Filing system, and four companies submitted a paper amended OSM-1 form. Based on those contacted in item 8 above, it will take 5 minutes to fill out the E-File Amended OSM-1 form. It will take a total of 15 minutes to fill out the paper Amended OSM-1 form.

Annual burden hours for electronic filing:
33 filings x 5 minutes/60 minutes/hour = 2.8 hours

Annual burden hours for paper filing:
4 filings x 15 minutes/60 minutes/hour = 1 hour

Total annual burden hours for Amended OSM-1 form:
4 hours (2.8 hours + 1 hour)

Total annual burden hours for all forms (electronic and paper):

324 hours (OSM-1 Form)

+ 137 hours (OSM-1 Form Part 2)

+ 4 (Amended OSM-1 Form)

465 hours

b. Estimate of Respondent Annual Wage Cost

Annual Wage Costs to Respondent:

$25,189 = 465 hours x $54.17 per hour

Explanation of Respondent hourly salary figure of $54.17 per hour:
OSM estimates that a financial specialist who prepares forms and processes fees in the mining industry would receive and hourly rate with benefits $54.17 ($38.69/hour x 1.4). This rate is based industry labor rates derived from the Bureau of Labor Statistics website https://www.bls.gov/oes/current/naics4_212100.htm#17-0000, using industry benefit factor of 1.4 (in accordance with the U.S. Bureau of Labor Statistics news release USDL-20-1736, EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—June 2020, dated September 17, 2020, found at http://www.bls.gov/news.release/pdf/ecec.pdf).

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.

Total annual non-wage cost burden to respondents:

Annualized capital and start-up costs

The information collection requirements of the OSM-1 form do not involve any capital or start-up costs apart from expenditures associated with customary business practices in the mining industry.

Operation and maintenance costs

For those operators who take inherent moisture deductions there is a $100 lab fee. Therefore, 1,648 (filings for coal moisture reduction) x $100/filings = $164,800.

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.

Annual Burden Dollars to the Federal government: $13,705

$13,705 = $58.82 x 233 hours

Explanation of how estimates were calculated:

The Federal government received 1,335 electronic OSM-1 forms, 33 electronic amended, 411 paper OSM-1 forms, and 4 amended paper filed OSM-forms. Staff reviewing filings require 6 minutes to review each electronic submission and 5 minutes to review each electronic amended submission while OSM-1 paper forms require 14 minutes and 15 minutes for amended OSM-1 forms as summarized below.

	Number	Time in minutes per form	Hours
Electronic OSM-1 form	1,335	6	133.5
Electronic Amended OSM-1 form	33	5	2.8
Paper OSM-1 form	411	14	95.9
Paper Amended OSM-1 form	4	15	1.0
Total hours			233

OSM hourly cost for staff is based on a GS-12 step 5, $58.82/ hour (36.76 x 1.6) (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/RUS_h.pdf ) and benefit multiplier (in accordance with the U.S. Bureau of Labor Statistics news release USDL-20-1736, EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—June 2020, dated September 17, 2020, found at http://www.bls.gov/news.release/pdf/ecec.pdf).

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

There was a slight increase in the total burden hours in comparison to the previous information collect request in 2016. Although the number of responses decreased, it was offset by and upward correction in the burden hours per filing. The number of responses decreased due to fewer producing permitted sites required to pay fees on coal. The hourly increase was primary due to an increase of burden hours, most notable for OSM-1 Part 2- Coal Moisture Deduction which was previously estimated with only 1 minute per filing. There was general agreement this was underestimated and was revised upward to 5 minutes based upon input received from current filers. As a result, total burden hours increased by 76 hours. See summary chart below listing changes from the last OSM-1 form renewal.

Responses	2016	2019	Difference
OSM-1	8,033	4,338	-3,695
Amended OSM-1	24	37	+13
Coal Moisture Deductions	3,615	1,648	-1,967
Totals	11,672	6,023	-5,649
Burden Hours	2016	2019	Difference
OSM-1	327	324	-3
Amended OSM-1	2	4	+2
Coal Moisture Deductions	60	137	+77
Totals	389	465	+76

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.

This is an ongoing information collection with no ending date and no plans for publication.

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.

Not applicable. The OSM-1 form contains the expiration date.

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

Not applicable.

There are no exceptions to the certification statement "Certification for Paperwork Reduction Act Submissions."

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