TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS, 30 CFR SUBCHAPTER B - PARTS 6 THROUGH 36

Forms and Documents

Document Name	Status
Form MSHA 2000-38 Permissible Equipment Testing Form	Modified
1219-0066 SUPPORTING STATEMENT 5-2021.docx Supporting Statement A	2021-05-05
MSHA-2020-0038-0001.pdf Supplementary Document	2021-03-09

IC Document Collections

IC ID	Document Title	Status
14432	Permissible Equipment Testing Form	Modified

ICR Details

OMB Control No: 1219-0066	ICR Reference No: 202010-1219-001
Status: Received in OIRA	Previous ICR Reference No: 201707-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS, 30 CFR SUBCHAPTER B - PARTS 6 THROUGH 36
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/07/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2021
Responses	315	296
Time Burden (Hours)	3,424	3,198
Cost Burden (Dollars)	2,938,557	1,732,147

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Abstract: MSHA regulations at 30 CFR parts 6 through 36 contain application, testing and inspection procedures, and quality control procedures for the approval of mining equipment or explosives used in both underground and surface coal, metal, and nonmetal mines. Except for parts 6 and 7, MSHA conducts most of the testing and evaluation of products for a fee paid by the applicant; although some regulations require the manufacturer to pretest the product. Upon MSHA approval, the manufacturer must ensure that the product continues to conform to the specifications and design evaluated and approved by MSHA. In some instances, as part of the approval process, manufacturers are required to have a quality control or assurance plan.

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Authorizing Statute(s): US Code: 30 USC 813(h) Name of Law: Federal Mine Safety & Health Act of 1977
   US Code: 30 USC 811 Name of Law: Federal Mine Safety & Health Act of 1977
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 78872	12/07/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 30333	06/07/2021
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Permissible Equipment Testing	MSHA 2000-38	Electrical Operated Mining Equipment Field Approval Application (Coal Operator)

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ICR Summary of Burden

	Total Request	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	315	296	0	0	19	0
Annual Time Burden (Hours)	3,424	3,198	0	0	226	0
Annual Cost Burden (Dollars)	2,938,557	1,732,147	0	0	1,206,410	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: There was a slight decrease in respondents (139 to 130). There was an increase in 226 burden hours (from 3,198 to 3,424) as well as an increase in 19 responses (from 296 to 316). Burden costs increased as well by $1,206,410 (from $1,732,147 to $2,938,557). The driver behind much of this is an increase in the number of applications for non-permissible engines Part 7 subpart E. In the previous package there were 6 applications for approval for non-permissible engines, and there are now 30, which increased responses and therefore burden hours. Also the MSHA charge increased from $121 to $137 per hour to evaluate applications for approval and non-permissible engine applications undergo 3 tests: maximum fuel/air ratio test, gaseous ventilation test, and a particulate index test, costing a total of $30,000 per application. This accounts for $900,000 of the cost for Part 7 Subpart E.

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Annual Cost to Federal Government: $49,179

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

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

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

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

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

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

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

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

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

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

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

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

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

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

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/07/2021

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