Coal Mine Dust Sampling Devices
OMB Control Number: 1219-0147
OMB Expiration Date: 12/31/2025
Supporting Statement for
Coal Mine Dust Sampling Devices
Paperwork Reduction Act Submission
This information collection request (ICR) seeks to extend, without change, a currently approved information collection.
OMB Control Number: 1219-0147
Information Collection Request Title: Coal Mine Dust Sampling Devices
Type of OMB Review: Extension
Authority:
Part 74 - Coal Mine Dust Sampling Devices
Subpart B - Approval Requirements for Coal Mine Dust Personal Sampler Unit
30 CFR 74.5 - Tests of coal mine dust personal sampler units.
30 CFR 74.6 - Quality control.
Subpart C - Requirements for Continuous Personal Dust Monitors
30 CFR 74.9 - Quality assurance.
30 CFR 74.11 - Tests of the continuous personal dust monitor.
Subpart D - General Requirements for All Devices
30 CFR 74.14 - Certificate of approval.
30 CFR 74.16 - Material required for record.
30 CFR 74.17 - Changes after certification.
Part 18 - Electric Motor-Driven Mine Equipment and Accessories
Subpart C - Inspections and Tests
30 CFR 18.68 - Tests for intrinsic safety.
Collection Instrument(s): None
General Instructions
A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses or employ statistical methods” is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.
Specific Instructions
A. Justification
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act) as amended, 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(a), 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, metal, and nonmetal mines.
The Paperwork Reduction Act of 1995 (PRA) governs paperwork burdens imposed by Federal agencies on the public for using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden is defined in 44 U.S.C. 3502(2) as time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, the PRA also establishes policies and procedures of information collection for controlling paperwork burdens imposed by Federal agencies on the public, including evaluating public comments.
To fulfill the statutory mandates to promote miners’ health and safety, MSHA requires the information under the ICR titled “Coal Mine Dust Sampling Devices.” The information collection is intended to determine if coal mine dust sampling devices meet established safety criteria for use in coal mines.
Coal mine sampling devices include continuous personal dust monitors (CPDMs) and coal mine dust personal sampler units (CMDPSUs). CPDMs and CMDPSUs measure the concentration of respirable dust in coal mines. These devices must be designed and constructed for coal miners to wear and operate without impeding their ability to perform work safely and effectively. They must be durable to perform reliably in the normal working conditions of coal mines.
Under 30 CFR part 74, the requirements for approval of coal mine dust sampling devices are set forth for determining the concentrations of respirable dust in coal mine atmospheres. It also outlines procedures for applying for approval and testing.
Burden costs associated with the ICR include:
Manufacturers preparing and submitting applications for MSHA’s approval of the pump unit of a CMDPSU;
Manufacturers preparing and submitting applications for MSHA’s approval of intrinsic safety testing of a CPDM;
Manufacturers providing CMDPSU or CPDM devices to MSHA;
MSHA issuing certificates of approval or disapproval;
Manufacturers keeping records; and
Authorization and the associated rule text are described below.
Manufacturers Preparing and Submitting Applications for Pump Units of CMDPSUs
I-1. MSHA Testing Pump Units of CMDPSUs
Under 30 CFR 74.5(b) and 74.13(a), MSHA will conduct tests and evaluations to determine whether the pump unit of a CMDPSU that is submitted for approval complies with the applicable permissibility provisions.
I-2. Manufacturers Preparing and Submitting Applications for CMDPSUs
Under 30 CFR 74.13(a), the applicant must submit a written application to MSHA. Each copy of the application must be accompanied by complete scale drawings, specifications, and a description of materials. One complete pump unit of a CMDPSU must be submitted to MSHA with the application.
Under 30 CFR 74.13(c), complete drawings and specifications accompanying each copy of the application must be fully detailed to identify the design of the CMDPSU or pump unit and to disclose the dimensions and materials of all component parts.
Under 30 CFR 74.6, the applicant must describe the way in which each lot of components will be sampled and tested to maintain its quality prior to assembly of each sampler unit. In order to assure that the quality of the CMDPSU will be maintained in production through adequate quality control procedures, MSHA reserves the right to have their qualified personnel inspect each applicant's control-test equipment procedures and records and to interview the employees who conduct the control tests. Two copies of the results of any tests made by the applicant on the CMDPSU or the pump unit must accompany an application.
Manufacturers Preparing and Submitting Applications for Intrinsic Safety Testing of CPDMs
II-1. Manufacturers Testing Intrinsic Safety of CPDMs
Under 30 CFR 74.11(a), the applicant must conduct tests to determine whether a CPDM that is submitted for approval meets the requirements, with the exception of durability testing, which must be conducted by NIOSH. Applicant testing must be performed by an independent testing entity approved by NIOSH.
Under 30 CFR 74.11(d), the applicant must submit the CPDM to MSHA for testing and evaluation for intrinsic safety, to determine whether the electronic components of the CPDM meet the applicable permissibility provisions.
Under 30 CFR 74.13(b), testing of a CPDM will be performed by the applicant to determine whether it meets the requirements.
Under 30 CFR 18.68(a), tests for intrinsic safety will be conducted under the general concepts of “intrinsically safe”, which is defined in section 18.2 as “incapable of releasing enough electrical or thermal energy under normal or abnormal conditions to cause ignition of a flammable mixture of methane or natural gas and air of the most easily ignitable composition.” Further tests or requirements for intrinsic safety may be added at any time if features of construction or use or both indicate them to be necessary.
II-2. Manufacturers Preparing and Submitting Applications for CPDMs
Under 30 CFR 74.13(b), the applicant must submit a written application in duplicate to MSHA. Each copy of the application must be accompanied by complete scale drawings, specifications, a description of materials, and a copy of the testing protocol and test results which were provided by an independent testing entity. One complete CPDM device must be sent to MSHA with the application.
Under 30 CFR 74.13(c), complete drawings and specifications accompanying each copy of the application must be fully detailed to identify the design of the CPDM and to disclose the dimensions and materials of all component parts.
Under 30 CFR 74.9(a)(1)(i), the applicant must establish and maintain a quality control system that assures that CPDM devices produced under the applicant's certificate of approval meet the required specifications and are reliable, safe, effective, and otherwise suitable for their intended use. To establish and to maintain an approval, the applicant must submit with the application a copy of the most recent registration under International Organization for Standardization (ISO) Q9001-2000, American National Standard, Quality Management Systems-Requirements.
Manufacturers Providing CMDPSU or CPDM Devices
Under 30 CFR 74.16(a), as part of the permanent record of the approval application process, MSHA will retain a complete CMDPSU or CPDM, as appropriate, that has been tested and certified. Material not required for record purposes will be returned to the applicant at the applicant's request and expense upon receipt of written shipping instructions by MSHA.
MSHA Issuing Certificates of Approval or Notices of Disapproval
Under 30 CFR 74.14(a), upon completion of the testing of the pump unit of a CMDPSU or after review of testing protocols and testing results for the CPDM, MSHA must issue to the applicant either a certificate of approval or a written notice of disapproval. If a certificate of approval is issued, no test data or detailed results of tests will accompany such approval. If a notice of disapproval is issued, it will be accompanied by details of the defects, resulting in disapproval, with a view to possible correction.
Manufacturers Recordkeeping Certificates
Under 30 CFR 74.14(b), a certificate of approval will be accompanied by a list of the drawings and specifications covering the details of design and construction of the pump unit of a CMDPSU or of the CPDM, upon which the certificate of approval is based. The applicant must keep exact duplicates of the drawings and specifications submitted to MSHA relating to the pump unit of the CMDPSU or the CPDM, which has received a certificate of approval. The approved drawings and specifications must adhere exactly to the production of the certified CMDPSU including the pump unit, or of the CPDM, for commercial purposes. In addition, the applicant must observe the procedures for, and keep records of, the control of component parts as MSHA may in writing require as a condition of approval.
Manufacturers Making Changes After Certification
Under 30 CFR 74.17(b), if a change is proposed in a pump unit of a certified CMDPSU or in electrical components of a CPDM, the approval of MSHA with respect to intrinsic safety must be obtained in accordance with the required procedures.
Mine operator’ burden and costs associated with recordkeeping and reporting requirements of CMDPSU and CPDM sampling are included in a separate ICR under OMB Control Number 1219-0011 titled “Respirable Coal Mine Dust Sampling.”
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.
MSHA will use the information submitted by the applicant to determine if a CMDPSU or CPDM device meets established criteria for use in coal mines.
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.
No improved information technology has been identified that would reduce the burden of this collection. To comply with the Government Paperwork Elimination Act, mine operators may submit or retain records in whatever method they choose, including using computer technology to store records electronically.
MSHA accepts applications, correspondence, and information electronically via email. Coal mine operators can transmit CPDM sample files to MSHA and check the status of previously uploaded files at https://www.msha.gov/cpdm-sample-file-transmission. Applicants are able to upload engineering drawings (images) and files directly to the Arlington File Transfer Protocol (FTP) site server or via the [email protected] email account.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.
No similar or duplicate information is available or submitted to MSHA.
5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
The information collection provisions apply to all mine operators, both large and small. Congress intended that the Secretary enforce the law at all mining operations within the Agency’s jurisdiction regardless of size and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Mine Act. [S. Rep. No. 95-181 (1977)]. Section 103(e) of the Mine Act, 30 U.S.C. 813(e), directs the Secretary not to impose an unreasonable burden on small businesses when obtaining any information under the Mine Act. MSHA considered the burden on small mines when developing the collection and believes that these information collection requirements are imposed on all mining operators and do not have a significant impact on a substantial number of small businesses or other small entities.
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.
Before CMDPSUs and CPDMs can be introduced in coal mines, they must be approved for use by MSHA. The approval criteria established in 30 CFR part 74 requires manufacturers to demonstrate that devices are durable enough to withstand the mine environment, can be worn by miners performing normal tasks for an entire work shift, provide accurate and precise measurements, and can be safely used in mine atmospheres where explosive mixtures of gases may occur.
If MSHA does not conduct this information collection or conducts it less frequently, the Agency may not adequately protect the health and safety of our nation’s miners, which is required by the Mine Act.
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 statue 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.
This collection of information is consistent with the guidelines in 5 CFR 1320.5.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, 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, notify the public that these information collection requirements are being reviewed in accordance with the PRA, and provide 60 days for the public to submit comments. MSHA published a 60-day Federal Register notice on July 3, 2025 (90 FR 29577). MSHA received no comments.
9. Explain any decision to provide any payments or gifts to respondents, other than remuneration of contractors or grantees.
MSHA does not provide payment or gifts to respondents.
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.
Under 30 CFR 74.12(a), prior to the issuance of a certificate of approval, only personnel of MSHA, representatives of the applicant, and other persons mutually agreed upon may observe the tests conducted. MSHA must hold as confidential and must not disclose principles of patentable features or any details of the applicant's drawings, specifications, or other related material.
Documentation submitted by manufacturers is retained in secured areas, including locked rooms and filing cabinets, as well as in limited access electronic data storage.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement should:
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under ‘Annual Cost to Federal Government’.
Respondents
All information related to quantities and inspection rates are estimated by MSHA’s Headquarters Enforcement Division based on field experience with different types of mining operations, sizes of mines, and the frequency of inspections dictated by statute. Mine operators provide MSHA Headquarters Enforcement Division the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.
Based on internal data, MSHA estimates there will be one submission of either a CMDPSU or a CMPD each year. As the submission process of each device is similar, MSHA assumes that the cost is similar regardless of which device is submitted for approval.
Wage Rates Determination1
MSHA uses data from the May 2023 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates2 and adjusts the rates for benefits,3 wage inflation,4 and overhead costs.5 The occupations listed below in Table 12-1 are those that were determined to be relevant for the cost calculations.
Occupation |
NAICS Code |
Mean Hourly Wage Rate |
Benefit Multiplier |
Inflation Multiplier |
Overhead Cost Multiplier |
Loaded Hourly Wage Rate |
|
|
A |
B |
C |
D |
A x B x C x D |
Engineer [a] |
212100 |
$50.59 |
1.456 |
1.048 |
1.01 |
$77.97 |
Clerk [b] |
212100 |
$22.81 |
1.456 |
1.048 |
1.01 |
$35.16 |
Notes:
Benefit Multiplier – MSHA uses the latest 4-quarter moving average 2023Q4-2024Q3 to determine that 31.3 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.456 = 1+(0.313/ (1-0.313)).
Inflation Multiplier – The inflation multiplier is determined by using the employment price index from the most current quarter, 2024Q3, divided by the base year and quarter of the OEWS employment and wage statistics, 2023Q2, for private industry workers in construction, extraction, farming, fishing, and forestry occupations, current dollar index. The inflation multiplier is 1.048 = 164.8/157.3.
Overhead Multiplier – MSHA uses the overhead multiplier of 1.01.
[a] The Standard Occupation Codes (SOCs) used for this occupation are (17-2071), (17-2081), (17-2112), (17-2141), and (17-2151).
[b] The SOCs used for this occupation are (43-3031), (43-3051), (43-3061), (43-5071), and (43-9061).
Hour Burden
I-2. Manufacturers Preparing and Submitting Applications for CMDPSUs
II-2. Manufacturers Preparing and Submitting Applications for CPDMs
Under 30 CFR 74.13(a) and (b), an engineer must submit a written application for approval of a device to MSHA.
MSHA assumes that there is one application submission for either a CMDPSU or a CPDM device annually. MSHA estimates that it takes an engineer, earning $77.97 per hour, a total of 40 hours to prepare and compile the materials needed to accompany an application.
MSHA also assumes that the clerical worker will compile the application material, including testing results. MSHA estimates that for each application, four copies will be made, including a written application in duplicate sent to MSHA and two duplicates for recordkeeping. MSHA estimates that it takes a clerical employee, earning $35.16 per hour, 15 minutes to copy and mail a copy of each application.
Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Preparing and Submitting Applications (30 CFR 74.13(a) and (b))
Activity (Occupation) |
Number of Respondents (Manufacturers) |
Number of Responses per Respondent |
Total Responses (Applications) |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Preparing Applications (Engineer) |
1 |
1 |
1 |
40 |
40.00 |
$77.97 |
$3,118.80 |
Copying and Submitting Applications (Clerk) |
1 |
4 |
4 |
0.25 |
1.00 |
$35.16 |
$35.16 |
Subtotal (Rounded) |
1 |
|
1 |
|
41 |
|
Note: The total number of respondents and responses does not correspond to the sum of rows because different respondents work on the same record rather if refers to the number of applications.
Manufacturers Recordkeeping Certificates
Under 30 CFR 74.14(b), the applicant must keep exact duplicates of the drawings and specifications submitted to MSHA relating to the pump unit of the CMDPSU or the CPDM, which has received a certificate of approval. MSHA assumes that requirement does not impose any additional costs as the applicant already has a copy of the drawings and specifications submitted to MSHA relating to the devices.
Manufacturers Making Changes After Certification
Under 30 CFR 74.17(b), if the applicant makes changes to a pump unit of a certified CMDPSU or in electrical components of a CPDM, they must get approval from MSHA and apply for another certification. MSHA has not received requests from any existing approved devices and assume the burden cost to be zero.
MSHA estimates that the one respondent would incur, on average, an annual collection burden of 41 hours with an associated annual cost of $3,154. The annual respondent hour and cost burden of this information collection is summarized in the table below.
Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Summary
Activity |
Number of Respondents
|
Number of Responses per Respondent |
Total Responses |
Average Burden (Hours) |
Total Burden (Hours) |
Hourly Wage Rate |
Total Burden Cost |
Preparing and Submitting Applications |
1 |
1 |
1 |
|
41.00 |
|
$3,153.96 |
Total (Rounded) |
1 |
|
1 |
|
41 |
|
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.
I-1. MSHA Testing Pump Units of CMDPSUs
Under 30 CFR 74.5(b), the applicant must submit the CMDPSU or the pump unit to MSHA for testing and evaluation. The following tests would be performed by MSHA under 30 CFR 18.68(a)(1): current limiting resistor adequacy test; coal dust thermal ignition test; optical isolator test; impact test and force test of encapsulated electrical assemblies; drop testing intrinsically safe apparatus; mechanical test of partitions; piezoelectric device impact test; and dielectric strength test. The battery flash current test would be performed under 30 CFR 18.68(a)(1) and (b)(1). The methane thermal ignition test would be performed under 30 CFR 18.68(a)(1) and (b)(6). The maximum surface temperature test would be performed under 30 CFR 18.68(a)(1) and (b)(3). The spark ignition test would be performed under 30 CFR 18.68(a)(1), (a)(2), (a)(4), (a)(5), (b)(4), and (b)(5).
MSHA estimates that there is one CMDPSU device tested for application submission annually. MSHA estimates that it will take an average of 45 hours to evaluate and 40 hours to test each application, for a total of 85 hours for each application. MSHA charges an hourly fee of $184 per hour for evaluation and testing time that will be paid by the applicant.
Table 13-1. Estimated Annual Respondent or Recordkeeper Cost Burden, MSHA Testing Pump Units of CMDPSUs (30 CFR 74.5(b))
Cost components |
Number of Responses (Applications) |
Number of Hours |
Hourly Cost |
Cost to Recordkeepers |
MSHA Conducting CMDPSU Tests and Evaluations |
1 |
85 |
$184.00 |
$15,640.00 |
Subtotal (Rounded) |
1 |
|
|
II-1. Manufacturers Testing Intrinsic Safety of CPDMs
Under 30 CFR 74.11(a) and 74.13(b), the applicant must have a third party to perform tests of the CPDM. These tests are for the following: ergonomic design (30 CFR 74.7(b)); environmental conditions (30 CFR 74.7(e)); electromagnetic interference (30 CFR 74.7(f)); flow stability and calibration of pump (30 CFR 74.7(j)); and accuracy testing, which includes reliability measurement, precision, and bias testing (30 CFR 74.8(c), (d), and (e)).
MSHA estimates that the manufacturer will have a third party conduct these tests for one CPDM device, at a cost of approximately $250,000. MSHA’s estimate of the costs to perform these tests is based on the cost of the same tests provided by MSHA.
Table 13-2. Estimated Annual Respondent or Recordkeeper Cost Burden, Manufacturers Testing Intrinsic Safety of CPDMs (30 CFR 74.11(a))
Cost components |
Number of Responses (Applications) |
Unit Cost |
Cost to Recordkeepers |
Third Party Conducting CPDM Tests |
1 |
$250,000.00 |
$250,000.00 |
Subtotal (Rounded) |
1 |
|
$250,000 |
I-2. Manufacturers Preparing and Submitting Applications for CMDPSUs
II-2. Manufacturers Preparing and Submitting Applications for CPDMs
Under 30 CFR 74.13(a) and (b), an applicant must submit a written application to MSHA for approval of the pump unit of a CMDPSU or the CPDM. Four copies would be made for each application, including a written application in duplicate sent to MSHA and duplicates for recordkeeping.
MSHA assumes that there is one application submission for either a CMDPSU or a CPDM device annually. MSHA estimates that an average application contains 250 pages, and copy costs are $0.15 per page. MSHA also estimates that it costs $5 for each application to be mailed to MSHA.
Table 13-3. Estimated Annual Respondent or Recordkeeper Cost Burden, Manufacturers Copying and Mailing Applications (30 CFR 74.13(a) and (b))
Cost components |
Number of Responses (Applications) |
Number of Copies |
Number of Pages |
Cost Per Page |
Cost to Recordkeepers |
Manufacturers Copying Applications |
1 |
4 |
250 |
$0.15 |
$150.00 |
Manufacturers Mailing Applications |
1 |
4 |
250 |
$5.00 |
$20.00 |
Subtotal (Rounded) |
1 |
|
|
|
$170 |
Manufacturers Providing CMDPSU or CPDM Devices
Under 30 CFR 74.16(a), the applicant must provide the CMDPSU and the pump unit or the CPDM free of charge to the agency, in order to conduct testing on the device.
MSHA estimates that the average cost of a CMDPSU or CPDM device averages $36,000 a piece for each application, and one application submission every year.
Table 13-4. Estimated Annual Respondent or Recordkeeper Cost Burden, Manufacturers Providing CMDPSU or CPDM Devices (30 CFR 74.16(a))
Cost components |
Number of Responses (Applications) |
Unit Cost |
Cost to Recordkeepers |
Manufacturers Providing CMDPSU or CPDM Devices |
1 |
$36,000.00 |
$36,000.00 |
Subtotal (Rounded) |
1 |
|
$36,000 |
Cost Burden to Respondents or Recordkeepers Summary
The annual cost burden to respondents or recordkeepers is summarized in the summary table below.
Table 13-5. Estimated Annual Cost Burden to Respondents or Recordkeepers, Summary
Cost Component |
Number of Responses |
Cost to Recordkeepers |
I-1. MSHA Testing CMDPSUs |
1 |
$15,640 |
II-1. Third Party Testing CPDMs |
1 |
$250,000 |
I-2. and II-2. Manufacturers Copying and Mailing Applications |
1 |
$170 |
III. Manufacturers Providing CMDPSU or CPDM Devices |
1 |
$36,000 |
Total (Rounded) |
1 |
$301,810 |
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 Issuing Certificates of Approval or Notices of Disapproval
Since the applicant compensates MSHA for reviewing their applications and testing their devices, MSHA expects no Federal cost burden associated with this ICR.
15. Explain the reasons for any program changes or adjustments on the burden worksheet.
Number of Respondents: The estimated number of respondents remained the unchanged at 1.
Number of Responses: The estimated number of responses remained the unchanged at 1.
Annual Time Burden: The estimated annual time burden remained the unchanged at 41 hours.
Annual Burden Costs: The estimated annual burden costs increased from $2,885 to $3,154 due to an increase in wages.
Annual Other Burden Costs: The estimated annual other burden cost remained unchanged at $301,810.
Federal Hours: The estimated annual federal hours remained unchanged at 0.
Federal Costs: The estimated annual federal costs remained unchanged at 0.
Table 15-1. Summary of Changes
|
Currently Approved ICR |
Updated ICR |
Difference |
Number of Respondents |
1 |
1 |
0 |
Number of Responses |
1 |
1 |
0 |
Annual Time Burden |
41 |
41 |
0 |
Annual Burden Costs |
$2,885 |
$3,154 |
$269 |
Annual Other Burden Costs |
$301,810 |
$301,810 |
$0 |
|
|
|
|
Federal Hours |
0 |
0 |
0 |
Federal Costs |
$0 |
$0 |
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 for OMB approval of this information collection and there is no form associated with this collection.
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
As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.
1 For all wage rates, including Federal 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.
2 To obtain OEWS data, follow BLS’s directions in its Frequently Asked Questions: “E. How to get OEWS data. 4. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm. The average wage rate is calculated as the employment-weighted average of hourly mean wages for the occupation.
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 at 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 uses 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)).
4 Wage inflation is the change in Series ID: CIS2020000405000I; Seasonally adjusted; Series Title: Wages and salaries for Private industry workers in Construction, extraction, farming, fishing, and forestry occupations, Index. (https://data.bls.gov/cgi-bin/srgate; Inflation Multiplier = (Current Quarter Cost Index Value / OEWS Wage Base Quarter Index Value).
5 MSHA uses an overhead rate of 1 percent. The mining environment generally involves very little overhead, especially costs associated with workers engaged in administrative or clerical tasks.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Ramsey, Joseph E - MSHA |
| File Modified | 0000-00-00 |
| File Created | 2025-09-30 |