1219-0144 Supporting Statement 2023

1219-0144 Supporting Statement 2023.docx

Mine Rescue Teams; Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Agreements; Reporting Requirements; Posting Requirements

OMB: 1219-0144

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Mine Rescue Teams; Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Agreements; Reporting Requirements; Posting Requirements

OMB Control No.: 1219-0144

OMB Expiration Date: 7/31/2023

Supporting Statement for

Paperwork Reduction Act Submission

OMB Control Number: 1219 – 0144

Information Collection Request Title: Mine Rescue Teams; Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Agreements; Reporting Requirements; Posting Requirements

Type of OMB Review: Extension

Authority: Metal and Nonmetal 30 CFR Subpart A:

49.2 Availability of mine rescue teams;

49.3 Alternative mine rescue capability for small and remote mines;

49.4 Alternative mine rescue capability for special mining conditions;

49.5 Mine rescue station;

49.6 Equipment and maintenance requirements;

49.7 Physical requirements for mine rescue team;

49.8 Training for mine rescue teams;

49.9 Mine emergency notification plan.

Authority: Coal 30 CFR Subpart B:
49.12 Availability of mine rescue teams;
49.13 Alternative mine rescue capability for small and remote mines;
49.16 Equipment and maintenance requirements;
49.17 Physical requirements for mine rescue team;
49.18 Training for mine rescue teams;
49.19 Mine emergency notification plan;
49.50 Certification of coal mine rescue teams;
75.1713-1 Arrangements for emergency medical assistance and transportation for injured persons; agreements; reporting requirements; posting requirements; and
77.1702 Arrangements for emergency medical assistance and transportation for injured persons; reporting requirements; posting requirements.

Collection Instrument(s):

MSHA Form 2000-224, Operator’s Annual Certification of Mine Rescue Team Qualifications

MSHA Form 5000-3, Certificate of Physical Qualification for Mine Rescue Work

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 of each 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 and nonmetal mines.

Section 115(e) of the Mine Act, 30 U.S.C. 825(e), requires the Secretary to publish regulations which provide that mine rescue teams be available for rescue and recovery work to each underground coal or other mine in the event of an emergency. In addition, the costs of making advance arrangements for such teams are to be borne by the operator of each mine.

Metal and Non-Metal:

30 CFR 49, Mine Rescue Teams, Subpart A, Mine Rescue Teams for Underground Metal and Nonmetal Mines, sets standards related to the availability of mine rescue teams including alternate mine rescue capability for small and remote mines, inspection and maintenance records of mine rescue equipment and apparatus, physical requirements for mine rescue team members and alternates, and experience and training requirements for team members and alternates.

30 CFR 49.2 requires that an operator of an underground metal and non-metal (MNM) mine must establish that at least two mine rescue teams are available at all times that miners are underground, or the operator must enter into an arrangement for mine rescue services which assures that at least two teams are available at all times when miners are underground. Each mine rescue team must consist of five members and one alternate who are fully qualified, trained, and equipped for rescue service. In addition, each member must have been employed in an underground mine for a minimum of 1 year within the past 5 years. This standard also requires that each MNM underground mine operator send the MSHA District Manager a statement describing the method of compliance with this subpart. The statement must disclose whether the operator has independently provided mine rescue teams or entered into an agreement for mine rescue services. The name of the provider and the location of the services must be included in the statement, a copy of the statement posted at the mine for miners’ information, and a copy provided to the miners’ representative if a representative has been designated.

With respect to alternative mine rescue capability for small and remote MNM mines and mines with special mining conditions, 30 CFR 49.3 and 30 CFR 49.4 provide that operators of those mines may submit to MSHA for approval alternative plans for assuring mine rescue capability. The intent of these requirements is to establish the best possible rescue response available given the mining conditions unique to each mine. Although small and remote mines are not statistically less hazardous than larger non-remote mines, they are distinguished by their size and location, which may effectively limit an operator’s ability to establish and equip two full mine rescue teams. An element in determining whether a mine is small and remote is its proximity to other underground mines or existing rescue teams and stations. Likewise, certain mining conditions and situations present significantly lower risks of entrapment to underground miners and may justify an alternative to the mine rescue team requirements contained in 30 CFR 49.2.

30 CFR 49.3 provides that if an underground MNM mine is small and remote, the operator may submit an application to MSHA for approval for an alternative mine rescue capability. Consideration for small and remote mines will be given where the total underground employment of the operator’s mine and any surrounding mine(s) within 2 hours ground travel time of the operator’s mine is less than 36 employees. Applications must contain the number of miners employed underground on each shift; the distance from the two nearest mine rescue stations; the total underground employment of mines within two hours ground travel time of the operator's mine; the operator's mine fire, ground, and roof control history; the operator's established escape and evacuation plan; an evaluation of the usefulness of additional refuge chambers to supplement those which may exist; the number of miners willing to serve on a mine rescue team; an alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and other relevant information.

30 CFR 49.4 provides that if an underground mine is operating under special mining conditions, the mine operator may submit alternative plans to MSHA for approval as a means of achieving full compliance with the regulation. Applications must show that all of the following conditions are present: the mine has multiple exits or entries; the mined substance is noncombustible and the mining atmosphere nonexplosive; there are multiple vehicular openings to all active mine areas, sufficient to allow fire and rescue vehicles full access to all parts of the mine in which miners work or travel; roadways or other openings are not lined with combustible materials; the mine shall not have a history of flammable-gas emission or accumulations and not have a history associated with flammable or toxic gas problems; and any reported gas or oil well or exploratory drill hole shall be plugged to within 100 feet above and below the horizon of the ore body or seam. In addition, the mine operator must provide the number of miners employed underground on each shift, the distance from the two nearest mine rescue stations, the operator's mine fire history, the operator's established escape and evacuation plan, the operator's alternative plan for ensuring that a suitable mine rescue capability is provided at all times when miners are underground, and other relevant information.

30 CFR 49.5 requires that where alternative compliance is permitted, every underground mine operator shall designate, in advance, the location of the mine rescue station serving the mine. The mine rescue station must provide a centralized storage location for the rescue equipment. This centralized storage location can be at the mine site, affiliated mines, or a separate mine rescue structure. In addition, the mine rescue stations shall provide a proper storage environment to assure equipment readiness for immediate use. Authorized representatives of the Secretary must be permitted access and right of entry to inspect any designated mine rescue station.

30 CFR 49.6 provides a detailed listing of the minimum equipment that is to be provided for each mine rescue station. 30 CFR 49.6(b) states that rescue apparatus and equipment must be maintained and that a person trained in the use and care of breathing apparatus must inspect and test the apparatus at least every 30 days and must certify by signature and date that the inspections and tests were done. The certification and the record of corrective action taken, if any, must be maintained at the mine rescue station for a period of 1 year and made available to an authorized representative of the Secretary.

30 CFR 49.7 requires that each team member and alternate be examined within 60 days of the beginning of the initial training and annually thereafter by a physician who must certify the physical fitness of the team member to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The operator must have MSHA Form 5000-3 on file for each team member certifying medical fitness and signed by the examining physician. These forms must be kept on file at either the mine or the mine rescue station for a period of 1 year.

30 CFR 49.8 requires that prior to serving on a mine rescue team, each member must complete an initial 20-hour course of instruction in the use, care, and maintenance of the type of breathing apparatus which will be used by the mine rescue team. All team members are required to receive 40 hours of refresher training annually which includes: (1) sessions underground at least once each 6 months; (2) wearing and use of the breathing apparatus by team members for a period of at least 2 hours while under oxygen every 2 months; (3) where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment or a different breathing apparatus; (4) advanced mine rescue training and procedures; and (5) mine map training and ventilation procedures. A record of the training received by each mine rescue team member is required to be kept on file at the mine rescue station for a period of 1 year.

30 CFR 49.9 requires that each mine must have a mine rescue notification plan outlining the procedures to be followed in notifying the mine rescue teams when there is an emergency. In addition, a copy of the plan must be posted at the mine and a copy provided for the miners' representative, if applicable.

Coal:

30 CFR 49, Mine Rescue Teams, Subpart B, Mine Rescue Teams for Underground Coal Mines, sets standards related to the availability of mine rescue teams including alternate mine rescue capability for small and remote mines, inspection and maintenance records of mine rescue equipment and apparatus, physical requirements for mine rescue team members and alternates, and experience and training requirements for team members and alternates.

30 CFR 49.12 states that each underground coal mine operator must establish at least two mine rescue teams to be available at all times that miners are underground, or the operator must enter into an arrangement for mine rescue services to ensure that at least two teams are available at all times when miners are underground. Each mine rescue team must consist of five members and one alternate who are fully qualified, trained, and equipped for rescue service. In addition, each member must have been employed in an underground mine for a minimum of 1 year within the past 5 years. The standard also requires each operator of an underground coal mine to send the District Manager a statement describing the mine's method of compliance with this subpart. The statement must disclose whether the operator has independently provided mine rescue teams or entered into an agreement for mine rescue services. The name of the provider and the location of the services must be included in the statement. The operator must post a copy of the statement at the mine and provide a copy of the statement to the miners’ representative if a representative has been designated.

30 CFR 49.13 states that operators of small and remote mines may submit an application to MSHA for approval of an arrangement for alternative mine rescue capability. Typically, a small and remote coal mine is one where the total underground employment of the mine is less than 36 employees and the travel time between the mine and any surrounding mine(s) is either equal to or greater than 1 hour ground travel time. Applications must show that the following: the number of miners employed underground on each shift, the distance from the two nearest mine rescue stations, the operator's mine fire history, the operator's established escape and evacuation plan, the operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground, and other relevant information.

30 CFR 49.15 requires that every operator of an underground mine shall designate, in advance, the location of the mine rescue station serving the mine. The mine rescue station must provide a centralized storage location for the rescue equipment. This centralized storage location can be at the mine site, affiliated mines, or a separate mine rescue structure. In addition, the mine rescue stations shall provide a proper storage environment to assure equipment readiness for immediate use. Authorized representatives of the Secretary must be permitted access and right of entry to inspect any designated mine rescue station.

30 CFR 49.16 includes a detailed listing of equipment that must be provided for each mine rescue station. This provision requires that the equipment be maintained to ensure that it is ready to use when needed and requires that a person trained in the use and care of the breathing apparatus must inspect and test it at least every 30 days. This provision requires that this person must certify by signature and date that the inspections and tests were done, and record any corrective action taken. This provision also requires that the certification and the record of corrective action must be kept at the mine rescue station for a period of 1 year and made available to an authorized representative of the Secretary.

30 CFR 49.17 requires that each member of a mine rescue team and one alternate be examined annually by a physician who must certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The first physical examination must be completed within 60 days prior to the scheduled initial training. The operator must have MSHA Form 5000-3 certifying medical fitness completed and signed by the examining physician for each member of a mine rescue team and keep the forms on file at the mine rescue station for a period of 1 year.

30 CFR 49.18 requires that prior to serving on a mine rescue team, each member must complete an initial 20-hour course of instruction in the use, care, and maintenance of the type of breathing apparatus that will be used by the mine rescue team. Upon completion of the initial training, all team members must receive at least 96 hours of refresher training annually, which shall include (1) sessions underground at least once each 6 months; (2) wearing and use of the breathing apparatus by team members for a period of at least 2 hours while under oxygen every 2 months; 3) where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment, or a different breathing apparatus; (4) advanced mine rescue training and procedures; and (5) mine map training and ventilation procedures. Training shall be given at least 8 hours every 2 months. A record must be made of the training received by each mine rescue team member and kept on file at the mine rescue station for a period of 1 year. The operator must provide the District Manager information concerning the schedule of upcoming training when requested.

30 CFR 49.19 requires that each mine have a mine rescue notification plan outlining the procedures for notifying the mine rescue teams when there is an emergency requiring their service. Where a miners’ representative has been designated, the operator must also provide the miners’ representative with a copy of the plan. A copy of the plan must be posted at the mine.

30 CFR 49.50 requires all underground coal mine operators to send the District Manager an annual statement certifying that each designated coal mine rescue team meets the requirements of 30 CFR 49, subpart B, as listed in Table 49.50-A and Table 49.50-B of section 49.50.

30 CFR 75.1713-1 and 30 CFR 77.1702 require operators to make arrangements for 24-hour emergency medical assistance and transportation for injured persons and to post this information at appropriate places at the mine, including the names, titles, addresses, and telephone numbers of all persons or services currently available under those arrangements.

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.

The respondents for this information collection are underground mine operators. The records will be used by mine operators, supervisors, miners, and State and Federal mine inspectors to ensure that each mine operator and mine rescue team is prepared for a mine emergency. The records show that the mine rescue team equipment has been examined and tested and is in good working order. The training records show that the mine rescue team members are trained to respond to a mine emergency involving a fire, an explosion, or a gas or water inundation. The records greatly assist those who use them to make decisions that ultimately may affect the safety of all persons working underground. Respondents for this information collection also include underground and surface mine operators required to make arrangements for 24-hour emergency medical assistance. Records are to be posted at appropriate places at the mine.

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.

The provisions contained in this collection do not specify how mine operators must keep records. Mine operators may retain the records by whatever method they choose. Mine operators may keep records in a bound book or store them electronically, provided they are secure and not susceptible to loss or alteration. Existing standards require some handwritten annotation in the form of a signature and date certifying the completion of mine rescue equipment inspections and tests.

MSHA requires that a Certificate of Physical Qualification for Mine Rescue Work (MSHA Form 5000-3) must be completed and signed by the examining physician for each team member. MSHA Form 5000-3 is available at https://www.msha.gov/support-resources/forms-online-filing/2015/04/15/certificate-physical-qualification-mine-rescue-work. Mine operators keep it on file at the mine rescue station for 1 year.

MSHA also has developed an optional use form, MSHA Form 2000-224, that aids in the electronic submission of this information and that the mine operator may use for certification of mine rescue teams. This form is available at https://www.msha.gov/support-resources/forms-online-filing/2015/11/18/operator%E2%80%99s-annual-certification-mine-rescue-teams. MSHA estimates that most respondents submit Form 2000-224 electronically via email (99 percent). However, MSHA Form 2000-224 is only required for the mining operators to submit to District Managers annually according to 30 CFR 49.50.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in 2 above.

MSHA knows of no other Federal or State reporting requirements that duplicate the reporting requirements contained in this section. Plans are approved according to the individual characteristics of each mine.

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

Metal and Non-Metal:

This information collection will not have a significant adverse economic impact on a substantial number of small businesses or other small entities. Provisions have been made for small and remote mines to submit alternative plans for mine rescue capability that will be considered on an individual basis. Also, in some States, small operators have gained relief through State plan agreements, whereby State-maintained mine rescue stations are made available to the mine operator. Although the regulations are not directed to State and local governments, where State plan agreements exist, MSHA does conduct routine inspections of the records of the State-maintained mine rescue stations for compliance with the regulations.

Although the information collection burden associated with applications for alternative mine rescue capability under 30 CFR 49.3 and 30 CFR 49.4 is greater than the burden of notification of the method of compliance under 30 CFR 49.2, the overall economic impact is a reduced cost for small and remote mines or mines with special mining conditions when they are approved for using alternative means of providing mine rescue capabilities. Where those mines utilize State-sponsored teams, the mine operator does not bear the record keeping burden associated with 30 CFR 49.6 through 30 CFR 49.8 or the costs of training, equipping, and maintaining rescue teams or a rescue station.

Coal:

This information collection will not have a significant adverse economic impact on a substantial number of small entities. Nevertheless, the mine rescue team standards include alternatives for small anthracite coal mines to provide smaller mine rescue teams and less equipment. Provisions have been made for small and remote mines to submit alternative plans for mine rescue capability that will be considered on an individual basis. To minimize paperwork burden on small mines, MSHA developed an optional form (MSHA Form 2000-224) for the mine operator to use for certification of mine rescue teams.

In certain States, small operators have gained relief through agreements through which State-sponsored teams and State-maintained mine rescue stations provide mine rescue capability. Where mines use State-sponsored teams, the mine operator does not bear the recordkeeping burden associated with 30 CFR 49.16 through 30 CFR 49.18 or the costs of training, equipping, and maintaining rescue teams or a rescue station.

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.

If mine operators did not conduct this information collection, MSHA would be unable to ensure that mine rescue team members received the appropriate training, that information detailing arrangements for 24-hour emergency medical assistance and transportation for injured persons is posted, and that mine rescue equipment was properly maintained. A reduction in the frequency of inspections and tests could jeopardize the safety of mine rescue team members, as well as the trapped or injured miners whose lives they are trying to save.

Mine operators need only post or submit much of the information once. However, information must be current and, when changes in circumstances occur, mine operators must update the plan or notice and post or resubmit. Records of the inspection and testing of rescue equipment, physical examinations, and training sessions are the minimum necessary to ensure the readiness and availability of mine rescue teams.

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 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.

There are no special circumstances listed above that are applicable to this information collection. This collection of information is consistent with the guidelines in 5 CFR 1320.5.

8. If applicable, provide a copy and identify the data 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, 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 3 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 January 12, 2023 (88 FR 2134). No comments received.

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 statute, regulation, or agency policy.

There is no assurance of confidentiality provided to respondents. Mine rescue team records are maintained at the mine rescue station and MSHA inspectors review the records during inspections. Mine operators submit certifications of mine rescue teams to MSHA.

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.

This collection of information contains 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 under Item 13.

PRA Respondents

MSHA estimates that there will be 164 underground coal mines and 198 underground MNM mines serviced by 268 and 101 mine rescue teams, respectively, that will be respondents of this standard.

Wage Rates Determinations¹

MSHA used data from the May 2021 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates^² and adjusted the rates for benefits^³ and wage inflation^⁴. The occupations listed in Table 12-1 and 12-12 are those that were determined to be relevant for the cost calculations.

OMB #1219-0078

Metal and Non-Metal:

As of May 2, 2022, there were approximately 198 active underground MNM mines. MSHA estimates an average of five new mines per year. Of the 198 active mines, 101 maintained one or both of the required rescue teams. MSHA estimates that there are 90 mine rescue stations that maintain 101 mine rescue teams for MNM mines. The remaining 97 mines were provided rescue services by state-sponsored rescue teams, other mine operators, or volunteer associations and/or have approved applications for alternative mine rescue capability under sections 30 CFR 49.3 and 30 CFR 49.4.

Wage rates used here come from the BLS, OEWS May 2021 survey. MSHA increased the OEWS hourly wage rates for benefits by a 1.490 benefit-scaling factor to obtain fully loaded wages and by a wage inflation factor of 1.043.

Table 12-12 Hourly Wage Rates for MNM Mines, OMB #1219-0078

		A	B	C	A x B x C
Occupation	NAICS Code	Mean Wage Rate	Benefit Multiplier	Inflation Multiplier	Loaded Hourly Wage Rate
Safety Manager¹	212200, 212300	$48.04	1.490	1.043	$74.66
Miner²	212200, 212300	$24.34	1.490	1.043	$37.82
Rescue Team Member³	212200, 212300				$43.96

Note: MSHA used the latest 4-quarter moving average 2021Q3-2022Q2 to determine that 32.9 percent of total loaded wages are benefits. The benefit multiplier is 1.490 = 1+( .329/(1-.329)). The inflation multiplier of 1.043 (= 150.5/144.3) was determined by using the employment price index from the latest quarter, 2022Q2, divided by the base year and quarter of the OEWS employment and wage statistics, 2021Q2.

¹The SOCs used for this occupation are (17-2151) and (19-5011).

²The SOCs used for this occupation are (47-5000), (49-9071), (51-9021), and (53-7000).

⁴The wage is a weighted average of Miner (83.33%) and Safety Manager (17.67%) to reflect the composition of a MNM Mine Rescue Team.

Rescue Team Compliance Statement (30 CFR 49.2)

Under 30 CFR 49.2, each operator of an underground mine who provides rescue teams under this standard is required to send the MSHA District Manager a statement describing the mine’s method of compliance with 30 CFR 49. The statement must indicate whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. The name of the provider and the location of the services must be included in the statement. A copy of the statement must be posted at the mine for the miner’s information. Where a miner’s representative has been designated, the operator must also provide the representative with a copy of the statement. The statement needs to be submitted only once and revised only when a change to the method of compliance occurs.

MSHA estimates that the method of compliance changes at 5 percent of the existing 198 MNM mines (10 mines) in any given year. Combined with five new mines, a total of 15 mines will submit a statement of compliance annually. MSHA estimates that it requires an average of 1 hour for a mining supervisor or safety manager to prepare, mail, post, and provide a new or revised statement to the miners’ representative, assuming the mine has a miner’s representative.

Table 12-13 Estimated Annual Respondent Hour and Cost Burden, Rescue Team Compliance Statement

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Compliance Statements)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	15	1	15	60	15.00	$74.66	$1,119.96
Subtotal	15		15		15		$1,120

Alternative Rescue Capability Application (30 CFR 49.3 & 49.4)

Under 30 CFR 49.3, the operator may provide for an alternative mine rescue capability if an underground mine is small and remote. Under 30 CFR 49.4, the operator may provide an alternative mine rescue capability if an underground mine is operating under special mining conditions. Under both standards, the operator is required to submit an application for alternative mine rescue capability to the MSHA District Manager for review and approval. A copy of the operator’s application must be posted at the mine. Where a miners’ representative has been designated, the operator also must provide the representative with a copy of the application.

Where alternative compliance is approved by MSHA, the operator is required to adopt the alternative plan and post a copy of the approved plan at the mine for the miners’ information. Where a miners’ representative has been designated, the operator must also provide the representative with a copy of the approved plan. The mine operator is also required to notify the MSHA District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability.

There are 97 existing underground MNM mines that have approved applications for alternative mine rescue capability under 30 CFR 49.3 or 30 CFR 49.4. MSHA estimates that 5 percent of these mines (five mines) will submit revised applications under sections 30 CFR 49.3 or 30 CFR 49.4 each year and that five new mines will also submit applications each year, for a total of 10 mines. MSHA estimates that it takes an average of 2 hours for a safety manager to prepare, mail, post, and provide a copy of a new or revised application for alternative mine rescue capability to the miners’ representative, assuming the mine has a miners’ representative, and to post and provide a copy of the approved plan to the miners’ representative.

Table 12-14 Estimated Annual Respondent Hour and Cost Burden, Alternative Rescue Capability Application

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Alternative Rescue Capability Applications)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	10	1	10	120	20.00	$74.66	$1,493.27
Subtotal	10		10		20		$1,493

Equipment and Maintenance Requirements (30 CFR 49.6)

Under 30 CFR 49.6, a person trained in the use and care of mine rescue equipment must inspect and test the apparatus at intervals not exceeding 30 days and certify by signature and date that the inspections and tests were done. When the inspection indicates that a corrective action is necessary, the corrective action shall be made, and the person shall record the corrective action taken. The certification and the record of corrective action must be maintained at the mine rescue station for a period of 1 year and made available on request to an MSHA inspector.

MSHA estimates that it takes an average of 6 minutes to inspect, test, and certify by signature and date that the inspections and tests were done for each apparatus. There are seven apparatus per mine rescue team for 101 teams serving underground MNM mines that maintained one or both of the required rescue teams. MSHA further estimates that each apparatus requires corrective action six times a year and that it takes an average of 15 minutes to take action and record each corrective action.

MSHA’s experience is that rescue team members inspect, maintain, and certify the apparatus and record the corrective actions. Mine rescue teams maintained by mines are made up of five miners (average hourly wage of $37.82 per hour for MNM mines) and one mine safety manager (average hourly wage of $74.66 per hour for MNM mines). Accordingly, the average weighted hourly wage of an MNM mine rescue team member is estimated to be $43.96 per hour.

Table 12-15 Estimated Annual Respondent Hour and Cost Burden, Equipment Maintenance Records

Activity	Respondents (Mine Rescue Teams)	Responses per Respondent	Total Responses (Equipment Maintenance Records)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Certify and File Apparatus	101	84	8,484	6	848.40	$43.96	$37,298.08
Record and File Corrective Actions	101	42	4,242	15	1,060.50	$43.96	$46,622.61
Subtotal	101		12,726		1,909		$83,921

Annual Health Exam for Mine Rescue Team Members (30 CFR 49.7)

Under 30 CFR 49.7, each mine rescue team member must be examined by a physician annually, with the first examination being completed within 60 days prior to scheduled initial training. MSHA Form 5000-3 must be completed and signed by the examining physician for each team member. The forms must be kept on file at the mine rescue station for 1 year.

It is MSHA’s experience that the forms require no more than 15 minutes per form for an MNM mine safety manager to gather and maintain. MSHA estimates that there are 101 mine rescue teams with an average of six team members per team and one new or replacement member each year.

Table 12-16 Estimated Annual Respondent Hour and Cost Burden, Annual Health Exam Forms for Mine Rescue Team Members

Occupation	Respondents (Mine Rescue Teams)	Responses per Respondent	Total Responses (Health Exam Forms)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Records for Existing Members	101	6	606	15	151.20	$74.66	$11,311.55
Records for New or Replacement Members	101	1	101	15	25.25	$74.66	$1,885.26
Subtotal	101		707		177		$13,197

Miner Training Forms (30 CFR 49.8)

Under 30 CFR 49.8, each team member must receive 20 hours of initial training before serving on a mine rescue team and an additional 40 hours of refresher training annually. The training must be conducted by an MSHA certified trainer. A record of training of each team member must be kept on file at the mine rescue station for a period of 1 year.

MSHA estimates that there are 90 mine rescue stations that maintain 101 mine rescue teams for MNM mines, averaging six members per team and one new or replacement member each year. MSHA also estimates that not more than 12 minutes is required to maintain each training record for a safety manager.

Table 12-17 Estimated Annual Respondent Hour and Cost Burden, Training Forms

Activity	Respondents (Mine Rescue Teams)	Responses per Respondent	Total Responses (Training Forms)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Records for Existing Members	101	6	606	12	121.20	$74.66	$9,049.24
Records for New or Replacement Members	101	1	101	12	20.20	$74.66	$1,508.21
Subtotal	101		707		141		$10,557

Mine Emergency Notification Plan (30 CFR 49.9)

Under 30 CFR 49.9, each underground mine must have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services. A copy of the mine rescue notification plan is required to be posted at the mine for the miners' information. Where a miners’ representative has been designated, the operator must also provide the representative with a copy of the plan. The plan need be developed only once and revised only when a change in notification procedures occurs. MSHA estimates that the notification procedures change at 15 percent of the 198 underground MNM mines (30 mines) in any given year and that five new mines will also submit plans each year. In total, 35 mines will submit mine rescue notification plans annually.

MSHA estimates new and revised notification plans require an average of 2 hours for a safety manager to prepare, mail, post, and provide to the miners' representative.

Table 12-18 Estimated Annual Respondent Hour and Cost Burden, Notification Plans

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Notification Plans)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	35	1	35	120	70.00	$74.66	$5,226.46
Subtotal	35		35		70		$5,226

MSHA estimates that the 198 respondents (mine operators) would incur, on average, an annual collection burden of 2,332 hours with an associated annual cost of $115,515.

Table 12-19 Total Estimated Respondent Hour and Cost Burden, OMB #1219-0078

Cost Component	Respondents	Total Responses	Annual Burden (Hours)	Total Burden Cost
Compliance Statements	15	15	15.00	$1,119.96
Alternative Rescue Capability Applications	10	10	20.00	$1,493.27
Equipment Maintenance Records	101	12,726	1,908.90	$83,920.69
Health Exam Forms	101	707	176.75	$13,196.81
Miner Training Forms	101	707	141.40	$10,557.44
Notification Plans	35	35	70.00	$5,226.46
Total	198	14,200	2,332	$115,515

Table 12-20 Combined Total Hour and Cost Burden, OMB #1219-0144 and #1219-0078

OMB Control No.	Respondents	Total Responses	Annual Burden (Hours)	Total Burden Cost
#1219-0144	164	16,236	2,773.73	$181,129.39
#1219-0078	198	14,200	2,332.05	$115,514.63
Total	362	30,436	5,106	$296,644

OMB #1219-0144

Coal:

As of May 2, 2022, there are approximately 164 active underground coal mines that are serviced by approximately 268 mine rescue teams at 68 mine rescue stations. Hourly wages are from BLS, OEWS May 2021 survey. MSHA increased the OEWS hourly wage rates for benefits by a 1.490 benefit scaling factor and an inflation factor of 1.043 to obtain fully loaded wages.

Table 12-1 Hourly Wage Rates for Coal Mines, OMB #1219-0144

		A	B	C	A x B x C
Occupation	NAICS Code	Mean Wage Rate	Benefit Multiplier	Inflation Multiplier	Loaded Hourly Wage Rate
Clerical Employee¹	212100	$21.49	1.490	1.043	$33.40
Safety Manager²	212100	$51.78	1.490	1.043	$80.47
Miner³	212100	$28.43	1.490	1.043	$44.19
Rescue Team Member⁴	212100				$50.23

¹ The Standard Occupation Code (SOC) used for this occupation is (43-9061).

²The SOCs used for this occupation are (17-2151), (19-5011), and (19-5012). The wage rate used for this occupation was at the 75^th percentile.

³The SOCs used for this occupation are (47-5000), (49-9071), (47-9021), and (53-7000).

⁴The wage is a weighted average of Miner (83.33%) and Safety Manager (17.67%) to reflect the composition of a coal Mine Rescue Team.

Availability of Mine Rescue Teams (30 CFR 49.12)

Each operator of an underground coal mine must send the MSHA District Manager a statement describing the mine's method of compliance with 30 CFR 49.12. The statement must indicate whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. The statement must include the name and the location of the provider of the services. A copy of the statement must be posted at the mine for the miner’s information. Where a miner’s representative has been designated, the operator must also provide the representative with a copy of the statement. The statement needs to be submitted only once and revised only when a change to the method of compliance occurs.

MSHA estimates that the method of compliance changes at 33 percent of the 164 underground coal mines (55 mines) in any given year. MSHA estimates that it requires an average of 1 hour for a safety manager to prepare, mail, post, and provide a new or revised statement to the miners' representative, assuming the mine has a miner’s representative.

Table 12-2 Estimated Annual Respondent Hour and Cost Burden, Rescue Team Compliance Statements

Occupation

Respondents (Mines)

Responses per Respondent

Total Responses

(Compliance Statements)

Burden per Response (Minutes)

Annual Burden (Hours)

Hourly Wage Rate

Burden Cost

Safety Manager

55.00

$80.47

$4,425.80

Subtotal

$4,426

Alternative Mine Rescue Capability (30 CFR 49.13)

The operators of small and remote mines are required to submit an application for alternative mine rescue capability to the MSHA District Manager for review and approval. The mine operator must post a copy of their application at the mine. Where a miner’s representative has been designated, the operator also must provide the representative with a copy of the application. The mine operator is required to notify the MSHA District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability.

MSHA estimates that each year nine new underground coal mines will submit an application for alternative mine rescue capability under 30 CFR 49.13 and 33 percent of 164 existing underground coal mines (55 mines) will submit a revised application. There will be an average of 64 applications (= 55 existing + 9 new) every year. MSHA estimates that it takes an average of 2 hours for a safety manager to prepare, mail, post, and where a miner’s representative has been designated, provide a copy of a new or revised application for alternative mine rescue capability to the miners' representative, and to post and provide a copy of the approved plan to the miners' representative.

Table 12-3 Estimated Annual Respondent Hour and Cost Burden, Alternative Rescue Capability Applications

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Alternative Rescue Capability Applications)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	64	1	64	120	128.00	$80.47	$10,300.05
Subtotal	64		64		128		$10,300

Equipment and Maintenance Requirements (30 CFR 49.16)

Under 30 CFR 49.16, a person trained in the use and care of mine rescue equipment must inspect and test the apparatus at intervals not exceeding 30 days and certify by signature and date that the inspections and tests were done. When the inspection or test indicates that a corrective action is necessary, the trained person must take corrective action and make a record of the corrective action taken. The mine operator must maintain certification and the record of corrective action at the mine rescue station for a period of 1 year and make it available on request to an MSHA inspector.

This requirement imposes paperwork burden on the 68 mine rescue stations. MSHA requires that each mine rescue station have at least 12 breathing apparatuses. MSHA estimates that it takes an average of 6 minutes to certify and file the certification for each apparatus. MSHA further estimates that, on average, each apparatus requires corrective action two times a year and that it would take approximately 15 minutes to record and file each corrective action.

MSHA’s experience is that members of mine rescue teams inspect, maintain, and certify the apparatus and record the corrective actions. Mine rescue teams maintained by mines are made up of five miners (average hourly wage of $44.19 per hour for coal mines) and one mine supervisor (average hourly wage of $80.47 per hour for coal mines). Accordingly, the average weighted hourly wage of a coal mine rescue team member is estimated to be $50.23 per hour.

Table 12-4 Estimated Annual Respondent Hour and Cost Burden, Equipment Maintenance Records

Activity	Respondents (Mine Rescue Stations)	Responses per Respondent	Total Responses (Equipment Maintenance Records)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Certify and File Apparatus	68	144	9,792	6	979.20	$50.23	$49,189.08
Record and File Corrective Actions	68	24	1,632	15	408.00	$50.23	$20,495.45
Subtotal	68		11,424		1,387		$69,685

Annual Health Exam for Mine Rescue Team Members (30 CFR 49.17)

Under 30 CFR 49.17, each mine rescue team member must be examined by a physician annually, with the first examination being completed within 60 days prior to scheduled initial training. The examining physician must complete and sign MSHA Form 5000-3 for each team member. Mine operators must keep the forms on file at the mine rescue station for 1 year.

This requirement imposes paperwork burden on the 268 mine rescue teams who are estimated to have six existing members per team and who will have two new or replacement members each year. MSHA estimates that, on average, a safety manager will take 15 minutes to gather, document, and maintain the health exam forms for each member of a rescue team.

Table 12-5 Estimated Annual Respondent Hour and Cost Burden, Annual Health Exam Forms for Mine Rescue Team Members

Activity	Respondents (Mine Rescue Teams)	Responses per Respondent	Total Responses (Health Exam Forms)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Records for Existing Members	268	6	1,608	15	402.00	$80.47	$32,348.60
Records for New or Replacement Members	268	2	536	15	134.00	$80.47	$10,782.87
Subtotal	268		2,144		536		$43,131

Training for Mine Rescue Teams (30 CFR 49.18)

Under 30 CFR 49.18, each team member must receive 20 hours of initial training before serving on a mine rescue team and an additional 96 hours of refresher training annually. The training must be conducted by an MSHA approved instructor. Mine rescue team training is frequently conducted by the team captain or mine safety manager. A record of training of each team member must be kept on file at the mine rescue station for a period of 1 year.

MSHA estimates that there are 68 mine rescue stations that maintain 268 teams, averaging six members per team. MSHA estimates that, on average, each mine rescue team will have two new or replacement members each year. Training records are usually maintained by the team captain, who is generally a safety manager. MSHA estimates that the safety manager needs approximately 12 minutes to make, file, and maintain a record of training for each team member.

Table 12-6 Estimated Annual Respondent Hour and Cost Burden, Miner Training Forms

Activity	Respondents (Mine Rescue Teams)	Responses per Respondent	Total Responses (Training Forms)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Records for Existing Members	268	6	1,608	12	321.60	$80.47	$25,878.88
Records for New or Replacement Members	268	2	536	12	107.20	$80.47	$8,626.29
Subtotal	268		2,144		429		$34,505

Mine Emergency Notification Plan (30 CFR 49.19)

Under 30 CFR 49.19, each underground mine must have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services. A copy of the mine rescue notification plan is required to be posted at the mine for the miners' information. Where a miner’s representative has been designated, the operator must also provide the representative with a copy of the plan. The plan needs to be developed only once and revised only when a change in notification procedures occurs. MSHA estimates that the notification procedures change at 5 percent of the 164 underground coal mines (eight mines) in any given year.

MSHA estimates new and revised notification plans require an average of 2 hours for a safety manager to prepare, mail, post, and provide to the miners' representative.

Table 12-7 Estimated Annual Respondent Hour and Cost Burden, Notification Plans

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Notification Plans)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	8	1	8	120	16.00	$80.47	$1,287.51
Subtotal	8		8		16		$1,288

Certification of Coal Mine Rescue Teams (30 CFR 49.50)

30 CFR 49.50 requires the operator of an underground coal mine to send the District Manager an annual statement certifying that each mine rescue team designated to provide mine rescue coverage meets the requirements of this section. Each underground coal mine operator must certify two mine rescue teams, and there are two responses per mine as each operator fills out two MSHA Forms 2000-224, one statement for each team. For this purpose, the mine operator may use MSHA Form 2000-224, "Operator’s Annual Certification of Mine Rescue Team Qualifications,” an optional form for certifying mine rescue teams.

There are 164 underground coal mines. MSHA estimates that it will take a mine supervisor approximately 15 minutes to certify each mine rescue team (2 teams for each mine), and a clerical employee 30 seconds to send in the statement certifying of the two mine rescue teams.

Table 12-8 Estimated Annual Respondent Hour and Cost Burden, Rescue Team Certificates

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Rescue Team Certificates)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	164	2	328	15	82.00	$80.47	$6,598.47
Clerical Employee	164	2	328	0.5	2.73	$33.40	$91.29
Subtotal	164		328		85		$6,690

Arrangements for Emergency Medical Assistance and Transportation for Injured Persons (30 CFR 75.1713-1)

Under 30 CFR 75.1713-1(a), (b), and (e), operators of underground coal mines are required to make arrangements for 24-hour emergency medical assistance and transportation for injured persons. Operators are also required to post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under those arrangements to provide medical assistance and transportation at the mine. The required information needs to be developed and posted only once and revised only when a change in the arrangements for emergency medical assistance and transportation for injured persons occurs. MSHA estimates that approximately 5 percent of the 164 underground coal mines (eight mines) experience changes in circumstances that require revising and posting new medical emergency arrangements in any given year.

MSHA estimates that it requires an average of 2 hours for a safety manager to make arrangements for emergency medical assistance and transportation for injured persons and to post the required information about those arrangements.

Table 12-9 Estimated Annual Respondent Hour and Cost Burden, Emergency Medical Assistance and Transportation Plans

Occupation

Respondents (Mines)

Responses per Respondent

Total Responses (Emergency Medical

Plans)

Burden per Response (Minutes)

Annual Burden (Hours)

Hourly Wage Rate

Burden Cost

Safety Manager

120

16.00

$80.47

$1,287.51

Subtotal

$1,288

Arrangements for Emergency Medical Assistance and Transportation for Injured Persons (30 CFR 77.1702)

30 CFR 77.1702(a), (b), and (e), require that operators of surface coal mines, surface areas of underground coal mines, and surface coal mine facilities make arrangements for 24-hour emergency medical assistance and transportation for injured persons. Operators are also required to post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under those arrangements to provide medical assistance and transportation at the mine. The required information needs to be developed and posted only once and revised only when a change in the arrangements for emergency medical assistance and transportation for injured persons occurs. Approximately 550 surface coal mines and facilities reported employment as of May 2, 2022. MSHA estimates that approximately 5 percent of 550 surface coal mines (28 mines) or facilities experience changes in circumstances that require revising and posting new medical emergency arrangements. Additionally, there are about 33 new surface coal operations open each year. A total of 61 (= 28 existing + 33 new) surface coal mines need to make arrangements for 24-hour emergency medical assistance and transportation for injured persons.

The arrangements made pursuant to 30 CFR 75.1713-1 (pertaining to underground coal mines) are applicable to the surface areas and surface facilities of underground coal mines. Accordingly, the burden hours and costs resulting from executing and posting the emergency medical arrangements under 30 CFR 77.1702 (a), (b), and (e) are solely attributable to surface coal mines and separate surface coal mine facilities. MSHA estimates that it requires an average of 2 hours for a safety manager to make arrangements for emergency medical assistance and transportation for injured persons and to post the required information about those arrangements.

Table 12-10 Estimated Annual Respondent Hour and Cost Burden, Emergency Medical Assistance and Transportation Plans

Occupation	Respondents (Mines)	Responses per Respondent	Total Responses (Emergency Medical Plans)	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
Safety Manager	61	1	61	120	122.00	$80.47	$9,817.24
Subtotal	61		61		122		$9,817

In summary, MSHA estimates that the 164 respondents (mine operators) would incur, on average, an annual collection burden of 2,774 hours with an associated annual cost of $181,129.

Table 12-11 Total Estimated Respondent Hour and Cost Burden, OMB #1219-0144

Cost Component	Respondents	Total Responses	Annual Burden (Hours)	Total Burden Cost
Compliance Statements	55	55	55.00	$4,425.80
Alternative Rescue Capacity Applications	64	64	128.00	$10,300.05
Equipment Maintenance Records	68	11,424	1387.20	$69,684.53
Annual Health Exam Forms	268	2,144	536.00	$43,131.47
Miner Training Forms	268	2,144	428.80	$34,505.17
Notification Plans	8	8	16.00	$1,287.51
Rescue Team Certificates	164	328	84.73	$6,689.76
Emergency Medical Plans for Underground Mines	8	8	16.00	$1,287.51
Emergency Medical Plans for Surface Mines	61	61	122.00	$9,817.24
Total	164	16,236	2,774	$181,129

13. Provide an estimate of the total annual cost burden to respondents or record keepers 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: (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. 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.

OMB #1219-0078

Rescue Team Compliance Statements (30 CFR 49.2)

Under 30 CFR 49.2, each operator of an underground MNM mine who provides rescue teams under this standard is required to send the MSHA District Manager a statement describing the mine's method of compliance with 30 CFR 49.2. The statement must indicate whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. MSHA estimates that it will receive a total of 15 statements from underground MNM mine operators each year, from 5 percent of 198 existing mines submitting revised compliance statements (10 statements) and from five new mines. MSHA further estimates that it would cost $1.00 for postage and handling for the operator to send the certification of mine rescue teams to MSHA.

Alternative Rescue Capability Applications (30 CFR 49.3 & 49.4)

Under 30 CFR 49.3, the operator may provide for an alternative mine rescue capability if an underground mine is small and remote. The operator may provide for an alternative mine rescue capability if an underground mine is operating under special mining conditions. Under both standards, the operator is required to submit an application for alternative mine rescue capability to the MSHA District Manager for review and approval.

MSHA estimates that 5 percent (five mines) of 97 underground MNM mine operators with existing approvals for alternative mine rescue capabilities and five new mine operators will send in new or revised applications. There will be 10 applications in total. MSHA estimates that it would cost $5.00 for postage and supplies to send the application to MSHA.

Mine Emergency Notification Plans (30 CFR 49.9)

Under 30 CFR 49.9, each underground mine must have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services. A copy of the mine rescue notification plan is required to be posted at the mine for the miners' information. The plan need be developed only once and revised only when a change in notification procedures occurs. MSHA estimates that it would cost $1.00 to copy and post the notification plan at each mine and that the notification procedures change at 15 percent of the 198 underground MNM mines (30 mines) in any given year and that five new mines will also submit plans each year. In total, 35 mines will submit mine rescue notification plans annually.

Table 13-2 Estimated Annual Respondent Recordkeeping Cost Burden, OMB# 1219-0078

Cost Component	No. of Responses	Mailing & Copy Costs	Burden Cost
Rescue Team Compliance Statements	15	$1.00	$15.00
Alternative Rescue Capability Applications	10	$5.00	$50.00
Mine Emergency Notification Plans	35	$1.00	$35.00
Total	60		$100.00

Table 13-3 Combined Hour and Cost Recordkeeping Burden, OMB # 1219-0144 and #1291-0078

OMB No.	No. of Responses	Burden Cost
#1219-0144	165	$165.00
#1219-0078	60	$100.00
Total	225	$265.00

OMB #1219-0144

Rescue Team Compliance Statements (30 CFR 49.12)

Under 30 CFR 49.12, each operator of an underground coal mine must send the MSHA District Manager a statement describing the mine's method of compliance with 30 CFR 49.12. The statement must indicate whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. MSHA estimates that the method of compliance changes at 33 percent of the 164 underground coal mines (54 mines) in any given year. MSHA estimates that it would cost $1.00 for postage and supplies to send the statement to MSHA and that 40 percent of mines (22 mines) with a compliance change would mail the statement with the remaining 60 percent (32 mines) submitting it electronically.

Certification of Mine Rescue Teams (30 CFR 49.50)

The mine rescue team standards require all underground coal mine operators with underground miners to send the District Manager an annual statement certifying that each of the mine’s two designated mine rescue teams meets the requirements in Table 49.50-A and Table 49.50-B of section 49.50. MSHA estimates that it would cost $1.00 for postage and handling for the operator to send the certification of mine rescue teams to MSHA for the 40 percent of the 164 mines (66 mines) that do not submit electronically.

Mine Emergency Notification Plans (30 CFR 49.19)

Under 30 CFR 49.19, each underground mine must have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services. A copy of the mine rescue notification plan is required to be posted at the mine for the miners’ information. The plan needs to be developed only once and revised only when a change in notification procedures occurs. MSHA estimates that it would cost $1.00 to copy and post the notification plan at each mine and that the notification procedures change at 5 percent of the 164 underground coal mines (eight mines) in any given year.

Arrangements for Emergency Medical Assistance and Transportation for Injured Persons (30 CFR 75.1713-1)

Under 30 CFR 75.1713-1(a), (b), and (e), operators of underground coal mines are required to make arrangements for 24-hour emergency medical assistance and transportation for injured persons. Operators are also required to post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under those arrangements to provide medical assistance and transportation at the mine. The required information needs to be developed and posted only once and revised only when a change in the arrangements for emergency medical assistance and transportation for injured persons occurs. MSHA estimates that it would cost $1.00 to copy and post the medical plan at each mine and that approximately 5 percent of the 164 underground coal mines (eight mines) experience changes in circumstances that require revising and posting new medical emergency arrangements in any given year.

Arrangements for Emergency Medical Assistance and Transportation for Injured Persons (30 CFR 77.1702)

30 CFR 77.1702(a), (b), and (e), require that operators of surface coal mines, surface areas of underground coal mines, and surface coal mine facilities make arrangements for 24-hour emergency medical assistance and transportation for injured persons. Operators are also required to post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under those arrangements to provide medical assistance and transportation at the mine. The required information needs to be developed and posted only once and revised only when a change in the arrangements for emergency medical assistance and transportation for injured persons occurs. Approximately 550 surface coal mines and facilities reported employment as of May 2, 2022. MSHA estimates that it would cost $1.00 to copy and post the medical plan at each mine and that approximately 5 percent of 550 surface coal mines (28 mines) or facilities experience changes in circumstances that require revising and posting new medical emergency arrangements. Additionally, there are about 33 new surface coal operations open each year. A total of 61 (= 28 existing + 33 new) surface coal mines need to make arrangements for 24-hour emergency medical assistance and transportation for injured persons.

Table 13-1 Estimated Annual Respondent Recordkeeping Cost Burden, OMB #1219-0144

Cost Component	No. of Responses	Mailing & Copy Costs	Burden Cost
Rescue Team Compliance Statements	22	$1.00	$22.00
Rescue Team Certification	66	$1.00	$66.00
Mine Emergency Notification Plans	8	$1.00	$8.00
Emergency Medical Plans (UG)	8	$1.00	$8.00
Emergency Medical Plans (Surface)	61	$1.00	$61.00
Total	165		$165

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.

MSHA used data from the June 2022 FedScope Employment Cube published by the U.S. Office of Personnel Management for annual salary and adjusted the rates for benefits. The occupations listed in Table 14-1 are those that were determined to be relevant for the cost calculations.

Table 14-1 Federal Hourly Wage Rates

		A	B	= A x B
Occupation*	Occupation Code	Mean Wage Rate	Benefit Multiplier	Loaded Hourly Wage Rate
GS-07 MSHA Clerk	0303	$27.13	1.440	$39.07
GS-12 MSHA Safety Specialist	1822	$44.95	1.440	$64.73

*Hourly wage rates developed from Office of Personnel Management (OPM) June 2022 FedScope Employment Cube, http://www.fedscope.opm.gov/. Data search qualifiers for Safety Specialist were: Agency = DLMS, Occupation = 1822 (Mine Safety and Health Inspection), Work Schedule = Full-Time, Salary Grade = GS-12, Measure = Average Salary. Data search qualifiers for Clerk were: Agency = DLMS, Occupation = 303 (Miscellaneous Clerk And Assistant), Work Schedule = Full-Time, Salary Grade = GS-7, Measure = Average Salary. The hourly wage is the weighted average annual salary divided by 2,087 hours. To include the cost of benefits, MSHA multiplied the average annual salary by a federal benefit scaler for MSHA of 1.440 (FY 2023 budget submission).

OMB #1219-0078

Federal Hour and Cost Burden, Rescue Team Compliance Statement (30 CFR 49.2)

MSHA estimates that the Agency will receive 15 new or revised statements from underground MNM mine operators each year. MSHA also estimates that it takes an Agency Safety Specialist (GS-12) approximately 1hour to review and acknowledge the average statement, and an Agency Clerk (GS-7) approximately 15 minutes to process and file the statement.

Table 14-7 Estimated Federal Cost and Hour Burden, Rescue Team Compliance Statement

Occupation	Responses Reviewed	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
GS-07 MSHA Clerk	15	15	3.75	$39.07	$146.51
GS-12 MSHA Safety Specialist	15	60	15.00	$64.73	$970.98
Subtotal	15		19		1,117

Federal Hour and Cost Burden, Alternative Rescue Capability Application (30 CFR 49.3 & 49.4)

Under 30 CFR 49.3, the operator may provide for an alternative mine rescue capability if an underground mine is small and remote. Under 30 CFR 49.4, the operator may provide for an alternative mine rescue capability if an underground mine is operating under special mining conditions. Under both standards, the operator is required to submit an application for alternative mine rescue capability to the MSHA District Manager for review and approval. Provisions have been made for small or remote mines to submit alternate plans to MSHA for approval on an individual basis. Also, in certain States, small operators have gained relief through State plan agreements with MSHA, whereby State maintained mine rescue stations are made available to the mine operator.

MSHA’s estimates that it will receive an average of 10 new or revised applications from underground MNM mine operators each year. MSHA also estimates that it takes an Agency Safety Specialist (GS-12) approximately 1 hour to review the average application, and an Agency clerk (GS-7) takes approximately 45 minutes to process the application and to prepare an approval letter for the MSHA District Manager's signature.

Table 14-8 Estimated Federal Hour and Cost Burden, Alternative Rescue Capability Application

Occupation	Responses Reviewed	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
GS-07 MSHA Clerk	10	45	7.50	$39.07	$293.02
GS-12 MSHA Safety Specialist	10	60	10.00	$64.73	$647.32
Subtotal	10		18		$940

Table 14-9 Estimated Federal Hour and Cost Burden, OMB #1219-0078 Totals

Component Cost	Responses Reviewed	Annual Burden (Hours)	Burden Cost
Compliance Statement (30 CFR 49.2)	15	18.75	$1,117.49
Alternative Rescue Capability Application (30 CFR 49.3 & 49.4)	10	17.50	$940.34
Total	25	36	$2,058

Table 14-10 Combined Federal Hour and Cost Burden, OMB #1219-0144 and #1219-0078

OMB No.	Responses Reviewed	Annual Burden (Hours)	Burden Cost
#1219-0144	447	394.75	$22,685.14
#1219-0078	25	36.25	$2,057.83
Total	472	431	$24,743

OMB #1219-0144

Federal Hour and Cost Burden, Rescue Team Compliance Statement (30 CFR 49.12)

Under 30 CFR 49.12, each operator of an underground coal mine who provides rescue teams under this standard is required to send the MSHA District Manager a statement describing the mine's method of compliance with 30 CFR 49.12. The statement must indicate whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams.

MSHA estimates that the Agency will receive from 33 percent of 164 existing underground coal mine operators each year a total of 55 revised compliance statements. MSHA also estimates that it takes an Agency Safety Specialist (GS-12) approximately 1 hour to review and acknowledge the average statement, and an Agency Clerk (GS-7) approximately 15 minutes to process and file the statement.

Table 14-2 Estimated Federal Hour and Cost Burden, Rescue Team Compliance Statement

Occupation	Responses Reviewed	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
GS-07 MSHA Clerk	55	15	13.75	$39.07	$537.19
GS-12 MSHA Safety Specialist	55	60	55.00	$64.73	$3,560.27
Subtotal	55		69		$4,097

Federal Hour and Cost Burden, Alternative Rescue Capability Application (30 CFR 49.13)

Under 30 CFR 49.13, operators of small and remote coal mines may submit an application to MSHA for approval of an arrangement for alternative mine rescue capability. The statement must indicate whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams.

MSHA estimates that the Agency will receive from 33 percent of 164 existing underground coal mine operators (55 mines) and nine new mine operators each year a total of 64 revised or new compliance statements. MSHA also estimates that it takes an Agency Safety Specialist (GS-12) approximately one hour to review and acknowledge the average statement, and an Agency Clerk (GS-7) approximately 15 minutes to process and file the statement.

Table 14-3 Estimated Federal Hour and Cost Burden, Alternative Rescue Capability Application

Occupation	Responses Reviewed	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
GS-07 MSHA Clerk	64	15	16.00	$39.07	$625.10
GS-12 MSHA Safety Specialist	64	60	64.00	$64.73	$4,142.86
Subtotal	64		80		$4,768

Federal Hour and Burden Cost, Certification of Coal Mine Rescue Teams (30 CFR 49.50)

Under 30 CFR 49.50, the operator of an underground coal mine must send the District Manager an annual statement certifying that each mine rescue team designated to provide mine rescue coverage meets the requirements of this section. Each underground coal mine operator must certify two mine rescue teams, and there are two responses per mine as each operator fills out two MSHA Forms 2000-224, one statement for each team. For this purpose, the mine operator may use MSHA Form 2000-224, "Operator’s Annual Certification of Mine Rescue Team Qualifications,” an optional form for certifying mine rescue teams.

MSHA estimates that all 164 underground coal mines will submit two certifications each year (a total of 328 certificates). MSHA also estimates that it takes an Agency Safety Specialist (GS-12) approximately 30 minutes to review and acknowledge the average statement, and an Agency Clerk (GS-7) approximately 15 minutes to process and file the statement.

Table 14-4 Estimated Federal Cost and Hour Burden, Rescue Team Certificate

Occupation	Responses Reviewed	Burden per Response (Minutes)	Annual Burden (Hours)	Hourly Wage Rate	Burden Cost
GS-07 MSHA Clerk	328	15	82.00	$39.07	$3,203.63
GS-12 MSHA Safety Specialist	328	30	164.00	$64.73	$10,616.08
Subtotal	328		246		$13,820

Table 14-6 Estimated Federal Hour and Cost Burden, OMB #1219-0144 Totals

Component Cost	Responses Reviewed	Annual Burden (Hours)	Burden Cost
Compliance Statement (30 CFR 49.12)	55	68.75	$4,097.47
Alternative Rescue Capability Application (30 CFR 49.13)	64	80.00	$4,767.96
Rescue Team Certificate (30 CFR 49.50)	328	246.00	$13,819.71
Total	447	395	$22,685

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

Respondents: The number of respondents decreased from 403 to 362 due to the decline of the number of coal mines.

Responses: The number of responses decreased from 40,176 to 30,436 due to the decline in the number of respondents in coal mines and updated assumptions for MNM mines.

Burden Hours: The number of burden hours decreased from 12,603 to 5,106 due to the decreases in responses.

Recordkeeping Costs: The estimated annual cost decreased from $1,980,169 to $265 due to changes in the assumptions of relevant cost components for recordkeeping.

Table 15-1 Program Changes or Adjustments for Combined OMB #1219-0144/0078

	Previous	Current	Difference
Respondents	403	362	-41
Responses	40,176	30,436	-9,740
Burden Hours	12,603	5,106	-7,497
Respondents’ or Recordkeepers’ Costs	$1,980,169	$265	-$1,979,904

Federal Costs	$17,440	$24,743	$7,303
Federal Hours	356	431	75

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.

MSHA does not intend to publish the results of this information collection.

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 is not seeking approval to not display the expiration date or OMB approval number for this collection of information.

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

The collection of this information does not employ statistical methods.

1 For all wage rates, MSHA uses the relevant precision throughout the calculation to avoid compound rounding errors and rounds at the final rate value. Displayed intermediate calculation values are presented to explain the calculation and are representative but the final rate value reflects the correct rounding and final estimate.

2Options 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.

3 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at http://data.bls.gov/cgi-bin/srgate 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 to determine what 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 1 + (benefit percentage/(1-benefit percentage)).

4Wage 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 ; Inflation Multiplier = (Current Quarter Cost Index Value / OEWS Wage Base Quarter Index Value).

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