Safety Defects; Examination, Correction, and Records

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1219-0089 Published 60-Day FRN 3-21-2023.pdf	Supplementary Document	Uploaded 2023-09-08	Repair queued
1219-0089 Supporting Statement 2022.docx	Supporting Statement A	Uploaded 2023-05-23	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
14460	Safety Defects; Examination, Correction and Records		Modified

ICR Details

OMB Control No: 1219-0089	ICR Reference No: 202303-1219-004
Status: Received in OIRA	Previous ICR Reference No: 202001-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Safety Defects; Examination, Correction, and Records
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: 09/14/2023

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	5,487,441	4,101,012
Time Burden (Hours)	1,236,293	881,962
Cost Burden (Dollars)	218,190	215,299

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Abstract: Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 813(h), authorizes MSHA to collect information necessary to carry out its duty in protecting the safety and health of miners. Title 30 C.F.R. §§ 56.13015 and 57.13015 require compressed-air receivers and other unfired pressure vessels to be inspected by inspectors holding a valid National Board Commission and in accordance with the applicable chapters of the National Board Inspection Code, a Manual for Boiler and Pressure Vessels Inspectors, 1979. Safety defects found on compressed-air receivers and other unfired pressure vessels have caused injuries and fatalities in the mining industry. Records of inspections must be kept in accordance with the requirements of the National Board Inspection Code and the records must be made available to the Secretary or an authorized representative. Title 30 C.F.R. §§ 56.13030 and 57.13030 require that fired pressure vessels (boilers) must be equipped with water level gauges, pressure gauges, automatic pressure-relief valves, blowdown piping and other safety devices approved by the American Society of Mechanical Engineers (ASME) to protect against hazards from overpressure, flameouts, fuel interruptions and low water level. These sections also require that records of inspection and repairs be retained by the mine operator in accordance with the requirements of the ASME Boiler and Pressure Vessel Code, 1977, and the National Board Inspection Code (progressive records - no limit on retention time) and shall be made available to the Secretary or an authorized representative. Title 30 C.F.R. §§ 56.14100 and 57.14100 require operators to inspect equipment, machinery, and tools that are to be used during a shift for safety defects before the equipment is placed in operation.

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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:
	88 FR 17022	03/21/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 63131	09/14/2023
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Safety Defects; Examination, Correction and Records

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ICR Summary of Burden

table that charts list 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	5,487,441	4,101,012	0	1,386,429	0	0
Annual Time Burden (Hours)	1,236,293	881,962	0	354,331	0	0
Annual Cost Burden (Dollars)	218,190	215,299	0	2,891	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: Respondents: The number of respondents decreased from 12,280 to 11,279 due to the decline of the number of metal and nonmetal mines. Responses: The number of responses increased from 4,101,012 to 5,487,441 due to a change in the number of shifts worked by miners in mines with 1-19 employees. Burden Hours: The number of burden hours increased from 881,962 to 1,236,293 due to an increase in the number of responses. Recordkeeping Costs: The estimated annual cost increased from $215,299 to $218,190 due to change in the number of responses.

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Annual Cost to Federal Government: $0

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: 09/14/2023

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