1219-0054 Supporting Statement 2022

Underground Coal Mine Fire Protection

OMB Control Number: 1219-0054

OMB Expiration: 10/31/2022

This Information Collection Request (ICR) seeks to extend PRA authority for the collection without change.

Supporting Statement for

Paperwork Reduction Act Submissions

OMB Control Number: 1219 - 0054

Title: Fire Protection (Underground Coal Mines)

30 CFR: 75.1100-3 Condition and examination of firefighting equipment.

75.1103-5(a)(2)(ii) Automatic fire warning devices; actions and response.

75.1103-8(b) Automatic fire sensor and warning device

& (c) systems; examination and test requirements.

75.1103-11 Tests of fire hydrants and fire hose; record of tests.

75.1501(a)(3) Emergency evacuations.

75.1502(a) & (b) Mine emergency evacuation and firefighting program of instruction.

Collection Instrument(s): None

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, 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 in Section A 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", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

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. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (MSHA) to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811, authorizes the Secretary of Labor (Secretary) to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal and metal/non-metal mines.

30 CFR 75.1100, which codifies section 311(a) of the Mine Act requires that each coal mine be provided with suitable firefighting equipment adapted for the size and conditions of the mine, and that the Secretary shall establish minimum requirements of the type, quality, and quantity of such equipment.

30 CFR 75.1100-3 requires that chemical fire extinguishers be examined every 6 months and that the date of the examination be recorded on a permanent tag attached to the extinguisher.

30 CFR 75.1103-5(a)(2)(ii) requires that a map or schematic showing the locations of automatic fire sensors – and the intended air flow direction at these locations – must be kept at a manned surface location where personnel have an assigned post of duty. This map or schematic must be updated within 24 hours of any change in the locations of automatic fire warning sensors and the intended air flow direction at these locations.

30 CFR 75.1103-8(a) requires that a qualified person examine the automatic fire sensor and warning device systems at least once each shift when belts are operated as part of a production shift. A qualified person must also conduct a functional test of the complete system at least once every 7 days.

Section 75.1103-8(b) requires that a record of the weekly automatic fire sensor functional tests be maintained by the mine operator and kept for a period of 1 year.

30 CFR 75.1103-8(c) requires that sensors be calibrated in accordance with the manufacturer’s calibration instructions at intervals not to exceed 31 days. Records of the sensor calibrations must be maintained by the operator and kept for a period of 1 year.

30 CFR 75.1103-11 requires that each fire hydrant and hose be tested at least once a year and the records of those tests be maintained at an appropriate location.

30 CFR 75.1501(a)(3) requires the mine operator to certify that a responsible person designated by the mine operator to take charge during mine emergencies involving a fire, explosion, or gas or water inundation, is trained and that the certification is maintained at the mine for at least 1 year.

30 CFR 75.1502 requires each mine operator to adopt and follow a mine emergency evacuation and firefighting program of instruction that addresses all mine emergencies created as a result of a fire, an explosion, or a gas or water inundation. Section 75.1502(a) requires mine operators to submit this program of instruction, and any revisions, to MSHA for its approval and to train miners regarding the use of the program of instruction. Section 75.1502(b) requires mine operators to instruct miners in any changes to the program of instruction before implementation of such approved changes.

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.

Fire suppression equipment tests are conducted on a regular basis to ensure that all equipment (sections 75.1100-3 (chemical fire extinguishers); 75.1103-8 (sensor and warning devices); and 75.1103-11 (hydrants and hoses)) is in working order and ready for use in the event of a fire. The emergency evacuation provisions – including the mine emergency evacuation and firefighting program of instruction, mine emergency evacuation training and drills including a realistic drill, review of the mine and escape-way map, the firefighting plan, operation of fire suppression equipment available in the mine, and location and use of firefighting equipment and materials – are used to determine whether a mine operator has adequate procedures and equipment to protect miners in the event of a fire or other mine emergency.

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 response submissions), and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

No improved information technology has been identified that would reduce the burden; however, in order to comply with the Government Paperwork Elimination Act, mine operators may retain the records in whatever method they choose, which may include utilizing computer technology.

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.

Programs are unique and specific according to the needs of each mine. If similar programs or records are required by States or other organizations, their application as a means of satisfying MSHA’s requirements would be acceptable.

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

This information collection does not have a significant impact on a substantial number of small businesses or other small entities. However, MSHA makes available various information sources to assist stakeholders on MSHA’s website, www.msha.gov. In addition, MSHA’s website also has links related to these issues, such as “Accident Prevention” and “Technical Support.”

6. Describe the consequence to Federal programs 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.

Regular examinations of fire suppression equipment ensures that the equipment is operational and ready for use should a fire occur. Records of these examinations are required to ensure that this fire suppression equipment is adequately maintained and available for use in the event of an emergency.

Training certifications for the responsible party are necessary and are similar to other MSHA training certification requirements. The mine evacuation and firefighting program of instruction is crucial for training miners to respond to mine emergencies by evacuating the mine under dangerous conditions or occupying the refuge alternatives when evacuation is not possible. Variations in mining methods, geology, and other conditions require a mine-specific firefighting and evacuation plan. There is no effective substitute for the mine evacuation and firefighting program of instruction. Inadequate training for miners on emergency mine evacuation techniques and strategies has been a root cause of miner fatalities in several mine disasters.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

1. Requiring respondents to report information to the agency more

often than quarterly.

 (b) Requiring respondents to prepare a written response to a

collection of information request in fewer than 30 days after receipt of the request.

3. Requiring respondents to submit more than an original and two

copies of any document.

3. Requiring respondents to retain records, other than health,

medical, government contract, grant-in-aid, or tax records, for more than three years.

3. 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.

 (f) Requiring the use of a statistical data classification that has not

been reviewed and approved by the Office of Management and Budget (OMB).

 (g) 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.

 (h) Requiring respondents to submit proprietary trade secret, 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.



Records of the automatic fire sensor and warning device systems functional tests and sensor calibrations must be retained by the mine operator for a period of 1 year. While there is no specific retention requirement for fire hydrant and fire hose testing, underground coal mine operators are required to have such records during the time their mines are actively operating. There is a 1 year retention requirement for the certification of the responsible person training. No records are required be maintained for more than 3 years. This collection of information is otherwise consistent with the guidelines found in 5 CFR 1320.5 and does not contain any requirements for respondents to report more frequently than on a quarterly basis.

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 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; 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.

In accordance with 5 CFR 1320.8(d), MSHA will publish the proposed information collection requirements in the Federal Register, notifying the public that these information collection requirements are being reviewed in accordance with the Paperwork Reduction Act of 1995, and giving interested persons 60 days to submit comments. MSHA published a 60-day Federal Register notice on May 11, 2022 (87 FR 28845).

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

MSHA does not provide payments or gifts to the respondents identified by this collection.

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

There is no personal information requiring confidentiality. No assurance of confidentiality is provided. The conduct of investigations and tests is required by 30 CFR 18.9 to be held as confidential and MSHA will not disclose principles or patentable features; nor will MSHA disclose to persons other than the applicant the results of tests, chemical analysis of materials or any details of the applicant’s drawings, specifications, instructions, and related material.

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.

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 in Item 14.

All information related to quantities and inspection rates are estimated by MSHA’s Headquarters Enforcement Division based on field experience with different types of mining operations, sizes of mines, and the frequency of inspections dictated by statute. Mine operators provide MSHA Headquarters Enforcement Division the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.

MSHA used data from the May 2020 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) ¹ for hourly wage rates and adjusted the rates for benefits² and wage inflation³.

Under section 75.1100-3, chemical fire extinguishers shall be examined every 6 months and the date of the examination recorded on a permanent tag attached to the extinguisher. MSHA records show that in 2021, for the 146 non-AMS (atmospheric monitoring system) actively producing underground coal mines, there are approximately 432 mechanized mining units (MMU) in operation, each requiring approximately 20 fire extinguishers (FE) and two exams annually. MSHA estimates that it takes a miner earning $43.35 per hour⁴ approximately 2 minutes (to check each fire extinguisher and record the results on the tag).

Table 1. Section 75.1100-3

Mines	MMUs per Mine	Total MMUs	Fire Extinguishers per MMU	Total Fire Extinguishers	Annual Exams per Extinguisher	Total Annual Exams	Time per Exam (hrs)	Total Burden Hours	Hourly Wage Rate	Total Burden Cost
146	2.96	432	20	8,640	2	17,280	0.03	518.4	$43.35	$22,472.64

Under section 75.1103-5(a)(2)(ii), a notation must be made on a map or schematic to show the locations of sensors and the intended direction of air flow. The map or schematic must also be updated within 24 hours of any changes. MSHA expects that these notations will be added to the mine maps. MSHA estimates that, for the 146 non-AMS actively producing underground coal mines, it will take an engineer, earning a wage of $86.83 per hour,⁵ 5 minutes a month to update the map or schematic at the surface location in each mine for 12 notations per year (1 per month).

Table 2. Section 75.1103-5(a)(2)(ii)

Active Non-AMS UG Mines	Maps per Mine	Updates per Year	Notations per Mine Annually	Total Notations Annually	Time per Notation (hrs)	Total Burden Hours	Hourly Wage Rate	Total Burden Cost
146	1	12	12	1,752	0.08	140.16	$86.83	$12,170.09

Under section 75.1103-8, a functional test of the complete automatic fire sensor and warning device systems must be made every 7 days. Records of the tests must be made by qualified persons and maintained by the mine operator. MSHA estimates that there are approximately 146 non-AMS actively-producing underground coal mines equipped with an average of 4 automatic fire sensor and warning device systems per mine. MSHA estimates that it takes a mine supervisor, earning $63.99 per hour,⁶ approximately 15 minutes to conduct the functional test of the automated fire sensor system and approximately 3 minutes to certify the weekly test records, which are 52 tests per year or 1 per week, and a total response time of 18 minutes.

Table 3. Section 75.1103-8

Active Non-AMS UG Mines	FS/WD Systems per Mine	Tests per FS/WD Annually	Total Number of Tests	Time per Test (hrs)	Total Burden Hours	Hourly Wage Rate	Total Burden Cost
146	4	52	30,368	0.30	9,110.4	$63.99	$582,974.50

Under section 75.1103-8(c), the calibration of automatic fire sensors is required at intervals of no more than 31 days. The operator must keep a record of the carbon monoxide sensor calibrations for 1 year. MSHA estimates that, for the 146 non-AMS actively producing underground coal mines, 7,175 automatic fire sensors will be affected and that it will take 1 minute of a supervisor’s time (at an hourly wage of $63.99) to record each calibration for 12 calibrations per year or 1 per month.

Table 4. Section 75.1103-8(c)

Non-AMS Active UG Mines	Sensors per Mine	Total Number of Sensors	Calibrations per Sensor Annually	Total Calibrations Annually	Time per Calibration (hrs)	Total Burden Hours	Hourly Wage Rate	Total Burden Cost
146	7,175/146	7,175	12	86,100	0.02	1,722.0	$63.99	$110,190.78

Under section 75.1103-11, each fire hydrant must be tested by opening, and each hose must also be tested. Both tests are to be conducted annually and a record made of each test. MSHA estimates that there are approximately 156 actively producing underground coal mines that have an average of 30 fire hydrants per mine, and that it would take a certified or qualified person earning $52.41⁷ per hour approximately 30 minutes to conduct the 2 tests and make a record of the results.

Table 5. Section 75.1103-11

Active UG Mines	Hydrants per Mine	Total Hydrants	Tests per Hydrant	Total Number of Tests	Hours Per Test	Total Burden Hours	Hourly Wage	Total Burden Cost
156	30	4,680	2	9,360	0.50	4,680.0	$52.41	$245,278.80

Section 75.1501(a)(3) requires that the mine operator certify that the responsible persons have been trained annually in mine emergency response coordination and communication. MSHA believes that there would be a backup responsible person for each mine shift (2 shifts) because there would be times when the primary responsible person could not be at the mine site. MSHA estimates that, for 156 actively producing underground coal mines, the average underground coal mine operates 2 shifts per day. The operator must certify by signature for both of the 2 shifts and date after each responsible person has completed the training and keep the certification at the mine for 1 year. MSHA estimates that it would take a mine supervisor, who is paid $63.99 per hour, approximately 2 minutes to certify and file each training certification for 156 mines.

Table 6. Section 75.1501(a)(3)

Active UG Mines	Shifts per Day per Mine	Certifications per Shift	Total Certifications	Hours Per Cert.	Total Burden Hours	Supervisor Rate	Total Burden Cost
156	2	2	624	0.03	18.72	$63.99	$1,197.89

Section 75.1502 requires each operator of an underground mine to adopt and follow a mine emergency evacuation and firefighting program that instructs all miners in the procedures they must follow if a mine emergency occurs. Approved mine emergency evacuation and firefighting programs of instruction (PI) should not require regular updates and approvals since these programs should generally be applicable for extended periods. New mines will require the development of mine emergency evacuation and firefighting PI and the submission of these PI to the district manager for approval. MSHA believes that 10 percent of the 156 total currently actively producing underground coal mines (10% of 156 = 16 mines) will develop and then submit a mine emergency evacuation and firefighting PI to the district manager for approval annually. This percentage includes a limited number of revisions to existing PI. MSHA estimates that a mine supervisor, earning $63.99 per hour, will require an average of 3 hours to prepare a PI. MSHA also estimates that it would take a clerical worker⁸ who earns $32.64 per hour, approximately 1 hour to copy and prepare the PI for mailing to the district manager for 156 mines.

Table 7. Section 75.1502

	Active UG Mines	Percent of Mines That Develop & Submit a PI	Mines Submitting PIs Annually	Plans per Mine	Plans per Year Total	Hours per PI	Total Burden Hours	Worker Rate	Total Burden Cost
Supervisor	156	10.0%	16	1	16	3.0	48.0	$63.99	$3,072.52
Clerical	156	10.0%	16	1	16	1.0	16.0	$32.64	$522.24
TOTALS							64.0		$3,593.76

Estimated Annualized Respondent Cost and Hour Burden

Activity	Respondents	Responses Per Respondent	Total Responses	Average Hours per Response	Total Burden (Hours)	Hourly Wage	Monetized Value of Time
75.1100-3	146	118.36	17,280	0.03 (2 minutes)	518.40	$43.35	$22,472.64
75.1103-5(a)(2)(ii)	146	12.0	1,752	0.08 (5 minutes)	140.16	$86.83	$12,170.09
75.1103-8	146	208.0	30,368	0.30 (18 minutes)	9,110.40	$63.99	$582,974.50
75.1103-8(c)	146	589.73	86,100	0.02 (1 minute)	1,722.00	$63.99	$110,190.78
75.1103-11	156	60.0	9,360	.50 (30 minutes)	4,680.00	$52.41	$245,278.80
75.1501(a)(3)	156	4.0	624	0.03 (2 minutes)	18.72	$63.99	$1,197.89
75.1502	16	1.0	16	3.00	48.0	$63.99	$3,071.52
	16	1.0	16	1.00	16.0	$32.64	$522.24
TOTAL			145,516		16,254 (rounded)		$977,878 (rounded)

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

The cost estimate should be split into two components:

1. a total capital and start-up cost component (annualized over its expected useful life); and

2. (b) a total operation and maintenance and purchase of services component.

The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. 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.

Under section 75.1502, approved mine emergency evacuation and firefighting PI should not require regular updates and approvals since these programs should generally be applicable for extended periods. New mines will require the development of mine emergency evacuation and firefighting PI and the submission of these programs to the district manager for approval. Considering an estimated average underground coal mine life of 4 – 5 years, MSHA believes that 10 percent of actively producing underground coal mines will develop or revise and submit a mine emergency evacuation and firefighting PI to the district manager for approval annually (10% of 156 = 16 mines). This includes a limited number of revisions to existing PI.

The average mine emergency evacuation and firefighting PI is estimated to be approximately eight pages in length. Copying costs are estimated at $0.15 per page, and postage and handling is estimated at $3.00 per PI.

	PIs	Pages/PI	Pages or Packages	Item Cost	Burden Cost
Copy	16	8	128	$0.15	$19.20
Send	16	1	16	$3.00	$48.00
TOTALS	16				$67.20

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. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

There is no additional cost to the Federal government associated with the burden hours provided in response to question 12.

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.

Respondents decreased because the number of underground coal mines have decreased. Responses increased because the number carbon monoxide sensors was switched to the number of automatic fire sensors, increasing the number of sensors being tested from 3,965 to 7,175. Burden hours decreased because the decrease in respondents lead to a decrease in all other responses and this offset any increase from the automatic fire sensor increase.

Respondents: Decreased from 204 to 156

Responses: Increased from 121,486 to 145,516 (see Summary Table)

Burden Hours: Decreased from 19,305 to 16,254 (see Summary Table)

Costs: Decreased from $378 to $67 because of the decrease in respondents (see Summary Table)

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 the beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The results from the information gathered from this collection will not be published.

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.

MSHA has no forms associated with this collection of information on which to display an expiration date.

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

There are no certification exceptions identified with this information collection.

B. Collections of Information Employing Statistical Methods



There is no statistical methodology involved in this collection.

1 Options for obtaining OEWS data are available at item “E3. How to get OEWS data. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm.

2 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at http://www.bls.gov/data/ or directly with http://download.bls.gov/pub/time.series/cm/cm.data.0.Current. Insert the data series CMU2030000405000D and CMU2030000405000P, Private Industry Total benefits for Construction, extraction, farming, fishing, and forestry occupations, which is divided by 100 to convert to a decimal value. MSHA used the latest 4-quarter moving average 2021Qtr1 - 2021Qtr4 to determine that 32.8 percent of total loaded wages are benefits. MSHA computes the benefit multiplier with a number of detailed calculations, but it may be approximated with the formula and values 1 + (benefit percentage/(1-benefit percentage)) = 1+(.328/(1-.328)) =1.49.

3 Wage inflation is the change in Series ID: CIS2020000405000I; Seasonally adjusted; Series Title:  Wages and salaries for Private industry workers in Construction, extraction, farming, fishing, and forestry occupations, Index.  (https://data.bls.gov/cgi-bin/srgate; 2021Qtr4/2020Q2=147.3/139.2=1.058).

4For the mining representative hourly wage rate, MSHA used the employment weighted average of mean hourly wage for seven extraction worker occupations from the BLS May 2020 OEWS data, using Standard Occupational Classification (SOC) major group code 47, 49, and 53 in North American Industry Classification System (NAICS) occupational code 212100, Coal Mining. The weighted average rate was adjusted for benefits and inflation to obtain a fully loaded rate of $43.35 ($27.50 x 1.49 benefit adjustment x 1.058 inflation adjustment). All subsequent uses of $43.35 represent mine representative hourly wage rate.

5 For the mining engineering hourly wage rate, MSHA used the employment weighted average of mean hourly wage

for three Mining Engineering occupations from the BLS May 2020 OEWS data, using SOC major group code 11 and 17 in NAICS occupational code 212100, Coal Mining. The weighted mean was adjusted for benefits and inflation to obtain a fully loaded rate of $86.83 ($55.07 x 1.49 benefit adjustment x 1.058 inflation adjustment). All subsequent uses of $86.83 represent mine engineering hourly wage rate.

6 For the supervisor hourly wage rate, MSHA used the employment weighted average of mean hourly wage for four First-Line Supervisor occupations from the BLS May 2020 OEWS data, using SOC major group code 47, 49, 51, and 53 in NAICS occupational code 212100, Coal Mining. The weighted mean was adjusted for benefits and inflation to obtain a fully loaded rate of $63.99 ($40.58 x 1.49 benefit adjustment x 1.058 inflation adjustment). All subsequent uses of $63.99 represent mine engineering hourly wage rate.

7 For the certified or qualified person hourly wage rate, MSHA used the employment weighted average of the 75th percentile hourly wage for seven extraction worker occupations from the BLS May 2020 OEWS data, using SOC major group code 47, 49, and 53 in NAICS code 212100, Coal Mining. The weighted 75th percentile hourly wage was adjusted for benefits and inflation to obtain a fully loaded rate of $52.41 ($33.24 x 1.49 benefit adjustment x 1.058 inflation adjustment ). All subsequent uses of $52.41 represent mining representative hourly wage rate.

8 For the clerical hourly wage rate, MSHA used the employment weighted average of mean hourly wage for two clerical worker occupations from the BLS May 2020 OEWS data, using SOC major group code 43 in NAICS code 212100, Coal Mining. The weighted mean hourly wage was adjusted for benefits and inflation to obtain a fully loaded rate of ($32.64 = $20.70 x 1.49 benefit adjustment x 1.058 inflation adjustment). All subsequent uses of $32.64 represent clerical hourly wage rate.

9