Application for Waiver of Surface Sanitary Facilities’ Requirements (Pertaining to Coal Mines)

Forms and Documents

Document	Type	Status	Availability
1219-0024 Published 60-Day FRN 3-21-2023.pdf	Supplementary Document	Uploaded 2023-09-08	Repair queued
OMB 1219-0024 Supporting Statement 2023.docx	Supporting Statement A	Uploaded 2023-08-29	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
14379	Application for Waiver of Surface Sanitary Facilities Requirements (Pertaining to Coal Mines)		Modified

ICR Details

OMB Control No: 1219-0024	ICR Reference No: 202303-1219-002
Status: Received in OIRA	Previous ICR Reference No: 202002-1219-004
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Application for Waiver of Surface Sanitary Facilities’ Requirements (Pertaining to Coal Mines)
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: 09/12/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	186	525
Time Burden (Hours)	74	232
Cost Burden (Dollars)	930	2,625

---

Abstract: Title 30 CFR 71.400 through 71.402 and 75.1712-1 through 75.1712-3 require coal mine operators to provide bathing facilities, clothing change rooms, and sanitary flush toilet facilities in a location that is convenient for use of the miners. If the operator is unable to meet any or all of the requirements, he/she may apply for a waiver. Title 30 CFR 71.403, 71.404, 75.1712-4, and 75.1712-5 provide procedures by which an operator may apply for and be granted a waiver. Applications are filed with the District Manager for the district in which the mine is located and must contain the name and address of the mine operator, name and location of the mine, and a detailed statement of the grounds on which the waiver is requested.

---

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

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 17025	03/21/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 62601	09/12/2023
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Application for Waiver of Surface Sanitary Facilities Requirements (Pertaining to Coal Mines)

---

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	186	525	0	-339	0	0
Annual Time Burden (Hours)	74	232	0	-158	0	0
Annual Cost Burden (Dollars)	930	2,625	0	-1,695	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Respondents: The number of respondents decreased from 525 to 186 due to the declinein the number of coal mines. Responses: The number of responses decreased from 525 to 186 due to the decline in the number of respondents. Burden Hours: The number of burden hours decreased from 232 to 74 due to the decreases in responses. Respondents or Recordkeeping Costs: The estimated annual cost decreased from $2,625 to $930 due to a decrease in the number of respondents.

---

Annual Cost to Federal Government: $1,218

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

---

Common Form ICR:  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:

(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: 09/12/2023

---