[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28443-28453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12232]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
[Docket No. MSHA-2025-0084]
RIN 1219-AC21
Ventilation Plan Approval Criteria
AGENCY: Mine Safety and Health Administration (MSHA), Department of
Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: MSHA proposes to revise requirements for the contents in mine
ventilation plans to eliminate the authority given to the District
Manager to require additional provisions. The current standard may
violate statutory authority; the Appointments Clause, by vesting
significant regulatory authority in District Managers; and the
Administrative Procedure Act (APA), by skipping notice and comment.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: All submissions must include RIN 1219-AC21 or Docket No.
MSHA-2025-0084. You should not include personal or proprietary
information that you do not wish to disclose publicly. If you mark
parts of a comment as ``business confidential'' information, MSHA will
not post those parts of the comment. Otherwise, MSHA will post all
comments without change, including any personal information provided.
MSHA cautions against submitting personal information.
You may submit comments and informational materials, clearly
identified by RIN 1219-AC21 or Docket No. MSHA-2025-0084, by any of the
following methods:
1. Federal E-Rulemaking Portal: https://www.regulations.gov. Follow
the online instructions for submitting comments for MSHA-2025-0084. A
brief summary of this document will be available at https://www.regulations.gov/docket/MSHA-2025-0084.
2. Email: [email protected]. Include ``RIN 1219-AC21'' in the
subject line of the message.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
to make an appointment.
No telefacsimiles (``faxes'') will be accepted.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA at 202-693-9440
(voice). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, Congress prescribed an interim standard requiring that
``[a]ll coal mines shall be ventilated by mechanical ventilation
equipment installed and operated in a manner approved by an authorized
representative of the Secretary.'' 30 U.S.C. 863(a). Further, by
statute, the Secretary of Labor must set out ``mandatory health or
safety standards for the protection of life and prevention of injuries
in coal or other mines.'' 30
[[Page 28444]]
U.S.C. 811(a). In the Mine Act, Congress prescribed very specific
interim ventilation standards. 30 U.S.C. 863(b)-(c) and (h)-(m).
Congress likewise required every operator to prepare ``A ventilation
system and methane and dust control plan and revisions suitable to the
conditions and the mining system of the coal mine . . .'' 30 U.S.C.
863(o). MSHA has adopted regulations to implement 30 U.S.C. 863 and
these standards include submission and approval of mine ventilation
plans. 30 CFR 75.370. Each mine operator must ``develop and follow a
ventilation plan'' which is ``approved by the District Manager.'' 30
CFR 75.370(a)(1). No proposed ventilation plan may be implemented
before it is approved by the District Manager. 30 CFR 75.370(d).
MSHA regulations also set out detailed contents for the mine
ventilation plans. 30 CFR 75.371. For example, ventilation plans must
include ``planned main mine fan stoppages, other than those scheduled
for testing, maintenance or adjustment, including procedures to be
followed during these stoppages and subsequent restarts and the type of
device to be used for monitoring main mine fan pressure, if other than
a pressure recording device.'' 30 CFR 75.371(b), ``Section and face
ventilation systems used and the minimum quantity of air that will be
delivered to the working section . . .'' 30 CFR 75.371(f), ``Locations
where air quantities must be greater than 3,000 cubic feet per
minute.'' 30 CFR 75.371(g), and many other specific requirements. 30
CFR 75.371. The ventilation plan has the force and effect of ``law'' at
the mine. The mine may be cited for violation of the plan and mine
personnel may be held personally liable, civilly and criminally, for
violations of the plan.
Title 30 CFR 75.371 also gives the District Manager broad authority
to add regulatory requirements to the Ventilation Plan which are
neither described, nor required, by the regulations or 30 U.S.C. 863.
Specifically, the regulations currently state, without limitation, that
``[t]he mine ventilation plan shall contain the information described
below and any additional provisions required by the district manager.''
30 CFR 75.371 (emphasis added).
II. Discussion
MSHA is proposing to rescind the power of District Managers to
require additional provisions in ventilation control plans, beyond the
reticulated criteria set out in 30 CFR 75.371 and other requirements
set forth in 30 CFR 75.370-371. MSHA has reevaluated its regulations
and tentatively concluded that the significant authority and discretion
granted to District Managers in 30 CFR 75.371 to add ``and any
additional provisions required by the district manager,'' not
identified in the statute or improved mandatory safety standards is not
supported by statute and violates the Appointments Clause and the APA.
While mine operators are required by statute to prepare and submit
a ``ventilation system and methane and dust control plan,'' and while
MSHA has promulgated regulations setting forth specific contents and
requirements for ventilation plans, nothing in the plain text of the
underlying statute including 30 U.S.C. 863 and 30 U.S.C. 811(a), can be
read to permit the unfettered addition of ``and any additional
provisions required by the district manager.'' 30 CFR 75.371. This lack
of statutory authority is contrary to Loper Bright Enterprises v.
Raimondo, 603 U.S. 369 (2024) and is an adequate reason to rescind the
clause ``and any additional provisions required by the district
manager.''
Government officials that exercise significant discretion when
carrying out important functions are officers of the United States, and
thus subject to the Appointments Clause. See Lucia v. SEC, 585 U.S.
237, 248 (2018); U.S. Const. Art. II, Sec. 2, cl. 2. Under Section
75.371, District Managers are granted nearly unlimited discretion to
include additional provisions in mine ventilation plans as they deem
appropriate. Accordingly, because District Managers are not appointed
pursuant to the Appointments Clause, that substantial authority is
unlawful.
Independently, the significant discretion in section 75.371 appears
to violate the APA. The introductory text in 30 CFR 75.371 essentially
amounts to the unfettered ability of the District Manager to draft and
create ``laws'' which are civilly and criminally enforceable, without
bicameral presentment, and without notice and comment rulemaking.
Various statutory provisions, including 30 U.S.C. 811, give the
Secretary authority to issue health and safety regulations for mines.
When these regulations are substantive rules, with ``general or
particular applicability and future effect designed to implement,
interpret, or prescribe law or policy,'' 5 U.S.C. 551(4), they are
subject to the notice and comment process. MSHA must present the
rulemaking to the public for comment, then issue a final rule
responding to any comments. See 5 U.S.C. 553. 30 CFR 75.371 skips this
process entirely when it vests District Managers with the authority to
require undesignated ventilation plan provisions. Giving the District
Manager authority to include additional provisions in ventilation
plans, is promulgating a new substantive rule of particular
applicability, without any of the necessary process. Thus, 30 CFR
75.371 violates the APA.
MSHA seeks all comments on any aspects of the proposed rule,
including the statutory authority, appointments clause issues and APA
requirements, and the costs and benefits of the District Manager's
vague authority.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
58 FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted
by law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR
3821 (Jan. 21, 2011), requires agencies to use the best available
techniques to quantify anticipated present and future benefits and
costs as accurately as possible. E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for improvements in the nation's regulatory
system to promote predictability, reduce uncertainty, and use the best,
most innovative, and least burdensome tools for achieving regulatory
ends.
E.O. 12866 and E.O.13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the
[[Page 28445]]
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility.
Under section 6(a) of E.O. 12866, the Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA)
determines whether a regulatory action is significant and whether
Agencies are required to submit the regulatory action to OIRA for
review. Under section 3(f) of E.O. 12866, a ``significant regulatory
action'' is a regulatory action that is likely to result in a rule that
may:
(1) have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or communities
(also referred to as economically significant);
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of
recipients; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
Background
The proposed rule would apply to all underground coal mines. The
existing rule allows the District Manager to require mine operators to
include plan requirements not specified in the statute or regulations,
while the proposed rule would rescind the power of District Managers to
do so. The proposed change would decrease the burden currently faced by
mine operators of having to revise their ventilation plans to include
plan requirements not specified in the statute or regulations when
required by the District Manager. The proposed rule would maintain the
existing ventilation plan requirements, except for the District
Manager's discretion to include plan requirements not specified in the
statute or regulations.
Based on MSHA internal data, the Agency estimates there will be
approximately 215 underground coal mines operating each year that would
be impacted by this proposed rule.\1\ All estimated figures are
expressed in 2024 dollars.
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\1\ The Number of mines inspected at least once in 2024 and
whose `current status' is listed as active, intermittent, or
nonproducing active on April 14, 2025.
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Under the baseline scenario mine operators would continue their
current practice of making changes to their ventilation plans as deemed
necessary by their District Manager, but not required elsewhere in
existing regulations. Under the proposed rule mine operators would no
longer need to include plan requirements not specified in the statute
or regulations.
Benefits
Under this proposed rule mine operators would no longer be required
to incorporate novel or unspecified provisions into their ventilation
plans at the discretion of the District Manager. This change does not
impact any other existing requirements for ventilation plans. This
action will remove improper regulatory burden and reduce arbitrary and
unforeseen demands on mine operators.
The benefits associated with the proposed rule cannot be easily
quantified due to existing information gaps and challenges with
quantifying the incremental shifts in costs and benefits under the
proposed rule. However, some benefits are discussed in a qualitative
manner below. The potential benefits of the proposed rule include:
(1) reduced production delays for mines--faster plan approval can
enable earlier initiation or resumption of mining operations, reducing
downtime, and increasing operational efficiency;
(2) improved resource allocation--predictable and consistent plan
requirements reduce the need for mine operators to hire consultants or
devote engineering resources to anticipate or respond to unpredictable
District Managers' additional criteria;
(3) regulatory certainty--by aligning plan requirements strictly
with the regulations, operators can better plan capital expenditures,
staffing, and compliance investments, improving long-term planning and
cost efficiency;
(4) increased domestic energy production--more predictable plan
approval processes may allow mines to optimize coal output, supporting
national energy goals and supply chain stability; and,
(5) prevents unauthorized rulemaking--preventing extra-statutory,
unaccountable and unauthorized rulemaking restores confidence in the
administrative process.
MSHA requests public comments on potential benefits associated with
this proposal.
Cost Savings
MSHA estimates that mine operators would accrue a cost reduction
from efficiencies associated with specific and consistent ventilation
plan requirements, both for initial plans and revisions. Removing the
provision asserting broad District Manager discretion with respect to
ventilation plan requirements would result in cost savings to mine
operators who would be better able to anticipate required plan
revisions and receive plan approval more quickly. MSHA estimates that
mine operators would accrue a cost reduction from no longer having to
revise ventilation plans at the request of the District Manager. The
Agency estimates that each year 14 new ventilation plans, and 760
revised ventilation plans are submitted to MSHA. Of which, 50 percent
(387 plans) \2\ would need to be revised specifically at the discretion
of the District Manager. MSHA requests comments on the estimated number
of plans impacted by this proposal.
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\2\ 387 revised plans at the request of the District Manager =
(14 new plans + 760 revised plans) x 50 percent.
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MSHA used data from the May 2024 Occupational Employment and Wage
Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for
hourly wage rates \3\ and adjusted the rates for benefits,\4\ wage
inflation,\5\ and overhead costs.\6\ The analysis period is 10 years.
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\3\ 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.
\4\ 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 2024Q1-2024Q4 to determine that 31.2
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)). The benefit multiplier is 1.453 = 1 + (0.312/
(1-0.312)).
\5\ 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). The inflation
multiplier is determined by using the employment price index from
the most current quarter, 2024Q4, divided by the base year and
quarter of the OEWS employment and wage statistics, 2024Q2. The
inflation multiplier is 1.022 = 166.7/163.1.
\6\ MSHA uses an overhead rate of 17 percent. This overhead rate
is based on a 2002 EPA report by Cody Rice, ``Wage Rates for
Economic Analysis of the Toxics Release Inventory Program'',
available at https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0387-0064.
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The cost savings generated by the proposed rule consists of the
following:
[[Page 28446]]
1. Revisions to Ventilation Plans Required by the District Manager
MSHA assumes that under the baseline each year there are 387 new
and revised ventilation plans that are revised at the District Managers
discretion. MSHA estimates that it takes a coal mine supervisor,
earning $95.72 per hour, 1 hour to make the requested revisions. Under
the proposed rule these revisions would no longer need to be made,
creating an annual cost saving of $37,044.\7\
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\7\ $37,044 = 387 plans x $95.72 per hour x 1 hour.
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2. Providing Notifications of Denials
Currently when MSHA denies a ventilation plan or a revision to a
plan the mine operator must notify the miner's representative of this
denial. MSHA estimates that the 387 plans that under the baseline would
require revisions to meet the District Manager's requirements would
receive such a denial upon their first submission. It is assumed that
it takes a clerical worker, earning $44.53 per hour 15 minutes to make
such notifications. The proposed rule would remove the need for these
notifications, creating an annual cost saving of $4,308.\8\
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\8\ $4,308 = 387 plans x $44.53 per hour x 15 minutes.
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3. Notification of Resubmission of Ventilation Plan and Provide a Copy
of Resubmission
When a mine operator submits a ventilation plan or a revision to a
plan, they must notify the miner's representative of the submission and
provide them with a copy. MSHA estimates that the 387 plans that would
under the baseline require revisions to meet the District Manager's
requirements would have to be revised and then resubmitted to MSHA. It
is assumed that it takes a clerical worker earning $44.53, 15 minutes
to make such notifications. The proposed rule would remove the need for
these notifications, creating an annual cost saving of $4,308.\9\
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\9\ $4,308 = 387 plans x $44.53 per hour x 15 minutes.
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It is assumed that each resubmission is approximately 3 pages long
and the cost to print per page is $0.15. Under the proposed rule mine
operators would no longer need to generate these copies creating an
annual cost saving of $174.\10\
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\10\ $174 = 387 plans x (3 pages x $.15 cost per page).
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4. Copying and Mailing Ventilation Plans
In submitting ventilation plans to MSHA, the operator is expected
to incur a cost to mail in any physical plans or revisions. MSHA
assumes that 100 percent of plans and plan revisions are submitted to
MSHA physically via the mail. Under the baseline 387 plans that would
have had to be resubmitted with revisions to meet the District
Manager's requirements. At a cost of $1.45 per plan for copying (3
pages per plan, $0.15 per page) and mailing ($1.00 per plan), removing
this requirement would lead to an annual cost saving of $561.\11\
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\11\ $561 = 387 plans x ((3 pages x $.15 cost per page) + $1
mailing cost).
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Summary
Removing the provisions concerning the District Manager'
requirements for ventilation plans would result in cost savings to mine
operators through avoided revisions to ventilation plans that under the
existing regulation, would have been requested by the District Manager.
Under the proposed rule, incremental cost savings are estimated at
$0.464 million over 10 years undiscounted. These cost savings include
no longer revising ventilation plans to meet non-statutory or
regulatory requirements by the District Manager, providing copies of
revised plans to miners and their representatives, and the avoided
costs of copying and mailing revised ventilation plans. For this
proposed rule, the Agency estimates that the annualized cost saving
across the three discount rates of 0 percent, 3 percent, and 7 percent
would be $46,395.
While cost savings are quantified, potential benefits of the
proposed rule have been addressed in a qualitative manner and include:
reduced production delays, improved resource allocation, regulatory
certainty, increased domestic energy production and unauthorized
rulemaking. Additionally, more efficient approval of ventilation plans
is expected to result in other cost savings, including earlier
initiation (or resumption) of production and revenue due to simplified
plan and amendment approvals, lower costs associated with subject
matter expert consultants hired by mine operators in response to
unanticipated Agency requirements, and other efficiencies generated by
increased regulatory predictability resulting from this action.
Benefits of the proposed rule could also result from a more efficient
Agency review and approval of ventilation plans for underground coal
mines. Underground coal mine operators are expected to benefit from the
proposed rule that clarifies the information and provisions required in
ventilation plans. This is expected to help ease operator confusion
regarding what content is required when developing ventilation plans
for MSHA approval and to result in an increase in the time value of
revenues generated by coal production. Another potential benefit to the
public is the increased opportunity to produce coal, which would
improve American energy production. The proposed rule is deregulatory
because it reduces qualitative burdens for mine operators.
Additionally, the Agency experience supports cost savings that are not
yet quantified.
Significance Determination
Under section 6(a) of E.O. 12866, the Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA)
determines whether a regulatory action is significant and whether
Agencies are required to submit the regulatory action to OIRA for
review. Under section 3(f) of E.O. 12866, a ``significant regulatory
action'' is a regulatory action that is likely to result in a rule that
may:
(1) have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or communities
(also referred to as economically significant);
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of
recipients; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
OIRA has designated this rule a ``significant regulatory action''
under section 3(f) of E.O. 12866. Accordingly, it will be reviewed by
OMB.
No alternatives are considered for this proposed deregulatory
action. MSHA requests comments on alternatives within the Agency's
authority that would generate similar or greater benefits.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996,
requires preparation of an Initial Regulatory Flexibility Analysis
(IRFA) for any rule that by law must be proposed for public comment,
unless the agency certifies that the rule, if promulgated, will not
have a significant economic impact on
[[Page 28447]]
a substantial number of small entities. The RFA defines small entities
to include small businesses, small organizations, including not-for-
profit organizations, and small governmental jurisdictions.
Under the RFA, MSHA uses the Small Business Administration's (SBA)
definition to set thresholds for small business sizes for the MNM and
coal mining industries defined at the 6-digit North American Industry
Classification System (NAICS) level. For underground coal mines the
threshold is 1,500 employees and MSHA estimates that there are 115
underground coal mines that meet the definition of small.
MSHA evaluated data routinely provided by mine operators related to
the number of mines, employment, and production from MSHA's
Standardized Information System (MSIS) for underground coal mines. MSHA
calculated revenues as production of coal in short tons times the
average price of coal. Using internal data, MSHA estimates that small
coal mines produce roughly 92.1 million tons of coal annually. Using
U.S. Energy Information Administration Annual Coal Report 2023 Table
28, Average Sales Price of Coal by State and Mine Type, the average
coal price for was $54.04 per short ton in 2023. The price was then
adjusted to 2024 dollars using CPI-U, $55.63 per short ton, to estimate
national coal revenues generated by small coal mines of $5.1 billion.
MSHA assesses the impacts on small entities by comparing the
estimated costs, in this case cost savings, of the proposed rule to the
estimated revenues for those small entities. When estimated compliance
costs are less than 1 percent of the estimated revenues, the Agency
believes it is generally appropriate to conclude that there is no
significant economic impact on a substantial number of small entities.
When estimated compliance costs exceed 1 percent of revenues, MSHA
investigates whether further analysis is required. The impact of the
proposed rule, as a percentage of revenue, is essentially zero: for
small coal mine operators the total annualized cost is $46,395 while
total annual revenue is $5.1 billion, resulting in a ratio of 0.001
percent. Thus, no further analysis is required.
MSHA considered the costs on small mines when developing the
proposed rule. MSHA reviewed this proposed rule, which eliminates
burdensome regulations, under the provisions of the RFA. MSHA initially
concludes that this proposed rule would not have a `significant
economic impact on a substantial number of small entities,' and that
the preparation of an IRFA is not warranted. MSHA will transmit this
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
provides for the Federal Government's collection, use, and
dissemination of information. The goals of the Paperwork Reduction Act
include minimizing paperwork and reporting burdens and ensuring the
maximum possible utility from the information that is collected under 5
CFR part 1320. The Paperwork Reduction Act requires Federal agencies to
obtain approval from OMB before requesting or requiring ``a collection
of information'' from the public.
This proposed rule imposes no new information collection or record-
keeping requirements. However, this proposed rule would result in
substantive changes to another currently approved information
collection request, OMB Control Number 1219-0088 ``Ventilation Plans,
Tests, and Examinations in Underground Coal Mines.'' The currently
approved information collection request covers requirements in 30 CFR
part 75, which sets forth the procedures and rules to govern the
submission and approval of ventilation plans.
Type of Review: Substantive Change to currently approved
information collection.
OMB Control Number: 1219-0088.
Title: Ventilation Plans, Tests, and Examinations in Underground
Coal Mines.
Description of the ICR:
Background
The proposed rule would apply to all underground coal mines. The
existing rule allows the District Manager the discretion to revise
ventilation plans, while the proposed rule would decrease the burden
currently faced by mine operators of having to revise their ventilation
plans when required by the District Manager.
Based on MSHA internal data, there were 225 underground coal mines
in the calendar year 2023 affected by this information collection
request (70 mines with 1-19 employees, 146 mines with 20-500 employees,
and 9 mines with more than 500 employees). On average, there is 1 fan,
1 working section, and 1 shift per day at mines with 1-19 employees;
1.5 fans, 2.5 working sections, and 2 shifts per day at mines with 20-
500 employees; and 1.5 fans, 2.5 working sections, and 3 shifts per day
at mines with more than 500 employees. MSHA estimates that there are on
average of 200 working days/50 weeks of operation in mines with 1-19
employees; 300 working days/52 weeks of operation in mines with 20-500
employees; and 350 working days/52 weeks of operation in mines with
more than 500 employees. The burden hour estimates are based on the
total number of weeks mines operate yearly, rather than on the average
number of work weeks.
Summary of Changes
This change request will change the supporting statement for this
information collection request. Currently 225 underground coal mines
are impacted under 1219-0088 under the proposed rule. This change does
not modify the authority or number of affected mine operators and
contractors, but it does decrease the paperwork burden and costs
associated with ventilation plans as captured by this information
collection request.
The number of respondents, frequency of response, annual hour
burden, and recordkeeping cost are described below.
1. Installation of Main Mine Fans (30 CFR 75.310(a))
Under 30 CFR 75.310, each mine is required to be ventilated by one
or more main mine fans. This section sets forth requirements and
specifications for the installation of main mine fans. Under 30 CFR
75.310(a)(4), mine operators are required to equip each main mine fan
with a pressure recording device, which may be a part of a fan
monitoring system, and to maintain the resulting records for one year.
The record, a pressure recording chart, will be generated an
average of 50 weeks per year at mines with 1-19 employees, and every
week (52 weeks per year) at mines with 20-500 employees and mines with
more than 500 employees. MSHA assumes that mines with 1-19 employees
will have 1 mine fan, while mines with 20 or more employees will
average 1.5 mine fans per mine. The number of responses per respondent
is thus 50 for mines with 1-19 employees and 78 for mines with 20 or
more employees. MSHA estimates that it takes 7 minutes per week to
generate and maintain the record for each fan. A miner earning $47.97
per hour typically performs this task.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 15,590, the annual burden hours is
[[Page 28448]]
1,819, and the annual recordkeeping cost to respondents is $0.
2. Main Mine Fan Examinations and Records (30 CFR 75.312)
2-1. Main Mine Fan Examination and Certification (30 CFR 75.312(a),
(b), and (f))
Under 30 CFR 75.312(a) and (b), mine operators are required to
conduct daily examinations on main mine fans not using a monitoring
system to ensure electrical and mechanical reliability. For mines with
a monitoring system, the data provided by the fan monitoring system
must be reviewed at least once each day to assure that the fan and the
fan monitoring system are operating properly. Fan examinations are not
required on days when no one enters the mine. Although production may
not occur, people do enter the mine for maintenance and examinations
240 days per year at mines with 1-19 employees, 365 days per year at
mines with 20-500 employees, and 365 days at mines with more than 500
employees. MSHA assumes that mines with 1-19 employees will have 1 mine
fan, while mines with 20 or more employees will average 1.5 mine fans.
The number of responses per respondent is thus 240 for mines with 1-19
employees and 547.5 for mines with 20 or more employees.
Under 30 CFR 75.312(f)(1) and 75.321(f)(2), persons making main
mine fan examinations must certify that the examinations were made. The
fan examination certification time is estimated at 1 minute. A
certified person earning $62.39 per hour typically performs this task.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 101,663, the annual burden hours is 1,694, and the annual
recordkeeping cost to respondents is $0.
2-2. Automatic Fan Signal Device Testing (30 CFR 75.312(c), (d), and
(g)(3))
Under 30 CFR 75.312(c), the automatic fan signal device for each
main mine fan must be tested at least once every 31 days. Under 30 CFR
75.312(d), automatic closing doors in multiple main mine fan systems
must be tested at least once every 31 days. A record of these tests is
required under 30 CFR 75.312(g)(3), taking 5 minutes per mine, done 12
times yearly. MSHA assumes that mines with 1-19 employees will have 1
mine fan, while mines with 20 or more employees will average 1.5 mine
fans. The number of responses per respondent is thus 12 for mines with
1-19 employees and 18 for mines with 20 or more employees. This record
can be performed by a certified person earning $62.39 per hour.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 3,630, the annual burden hours is 303, and the annual
recordkeeping cost to respondents is $0.
2-3. Records of Uncorrected Defects (30 CFR 75.312(g)(1) and (2))
Under 30 CFR 75.312(g)(1), a record of uncorrected defects found
during an examination must be kept. Estimated recordkeeping is 5
minutes and MSHA estimates that 90 mines will have uncorrected defects
requiring a record each month. This record can be performed by a
certified person earning $62.39 per hour.
Under 30 CFR 75.312(g)(2)(ii), mines using monitoring systems to
monitor fan pressure must make a record concerning monitoring system
malfunctions and electrical or mechanical deficiencies, and any sudden
increase or loss in mine ventilating pressure. MSHA estimates 20 mines
will be required to make a record of monitoring system malfunctions.
MSHA estimates the recordkeeping to take 10 minutes. This record can be
performed by a certified person earning $62.39 per hour.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 110, the number of annual
responses is 1,320, the annual burden hours is 130, and the annual
recordkeeping cost to respondents is $0.
3. Methane Monitors (30 CFR 75.342(a))
Under 30 CFR 75.342(a)(1), mine operators must install MSHA
approved methane monitors on all face cutting machines, continuous
miners, longwall face equipment, loading machines, and other mechanized
equipment used to extract or load coal in the working place. In
addition, methane monitors must be maintained in permissible and proper
operating condition and be calibrated with a known methane-air mixture
at least once every 31 days. Under 30 CFR 75.342(a)(4)(ii) and (iii),
operators are required to keep records of calibration tests for 1 year
from the date of the test. Estimated time to make a record is 5 minutes
per month for mines with 1-19 employees, and 8 minutes for mines with
20-500 and more than 500 employees. The record can be made by a
qualified electrician earning $59.34 per hour.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 2,700, the annual burden hours is 318, and the annual
recordkeeping cost to respondents is $0.
4. Atmospheric Monitoring Systems (30 CFR 75.351)
Under 30 CFR 75.351(o), when an atmospheric monitoring system is
used to comply with 30 CFR 75.323(d)(1)(ii), 75.340(a)(1)(ii),
75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), individuals
designated by the mine operator must make the following records by the
end of the shift in which the following event(s) occur:
(i) If an alert or alarm signal occurs, a record of the date, time,
location and type of sensor, and the cause for the activation.
(ii) If an AMS malfunctions, a record of the date, the extent and
cause of the malfunction, and the corrective action taken to return the
system to proper operation.
(iii) A record of the seven-day tests of alert and alarm signals;
calibrations; and maintenance of the AMS must be made by the person(s)
performing these actions.
It is estimated that 32 mines have these monitoring systems
averaging 7 alarm activations annually. MSHA estimates that it will
take 2 minutes to make a record of the occurrence. The record can be
made by a certified person earning $62.39 per hour.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 32, the number of annual
responses is 224, the annual burden hours is 7, and the annual
recordkeeping cost to respondents is $0.
5. Preshift Examinations at Fixed Intervals (30 CFR 75.360)
Under 30 CFR 75.360(a)(1), preshift examinations are required to be
conducted within 3 hours prior to the beginning of each shift. MSHA
estimates that the number of workdays per year is: 200 days for mines
with 1-19 employees; 300 days for mines with 20-500 employees; and 350
days for mines with more than 500 employees. On average, a mine with 1-
19 employees will conduct 1 examination per day, mines with 20-500
employees will conduct 2 examinations per day, and mines with more than
500 employees will conduct 3 examinations per day. The number of
responses per respondent is thus 200 for mines with 1-19 employees, 600
for mines with 20-500 employees, and 1,050 for mines with more than 500
employees.
[[Page 28449]]
Under 30 CFR 75.360(g) records of the results of preshift
examinations, including hazardous conditions observed during the
examinations and their locations, are required to be made. Mine
operators are also required to record violations of mine specific
mandatory health or safety standards found during these examinations.
These mine standards represent the conditions or practices that, if
uncorrected, present the greatest unsafe conditions and the most
serious risks to miners. Records are also required to be made of the
action taken to correct hazardous conditions and violations of the mine
standards observed during the preshift examination.
MSHA estimates the recordkeeping activity to take 18 minutes per
record in mines with 1-19 employees and 33 minutes per record in mines
with 20 or more employees. Records are typically made by a certified
person earning $62.39 per hour. Countersigning by the mine supervisor,
earning $79.76 per hour, is required, and takes an estimated 5 minutes
per record for mines with 1-19 employees, 10 minutes per record for
mines with 20-500 employees, and 15 minutes per record for mines with
more than 500 or more employees.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 222,100, the annual burden hours is 75,707, and the annual
recordkeeping cost to respondents is $0.
6. On-Shift Examination (30 CFR 75.362)
6-1. On-Shift Examination for Hazardous Conditions (30 CFR
75.362(a)(1))
The recordkeeping requirement for hazardous conditions and
violations of the mine mandatory health or safety standards found
during on-shift examinations under 30 CFR 75.362(a)(1) are accounted
for in 30 CFR 75.363. The records that are accounted under 30 CFR
75.363 pertain to records recorded in a mine's book in accordance with
30 CFR 75.363(b).
Recordkeeping requirements under 30 CFR 75.362(g)(1), 75.362(g)(3)
and (g)(4) pertain to violations under 75.362(a)(3)(i)-(vi). Under 30
CFR 75.362(g)(1), mine operators are required to have a certified
person certify by initials, date, and time the examination was made and
at enough locations to show the entire area has been examined for
hazards under 30 CFR 75.362(a)(3)(i)-(vi), and in accordance with the
recordkeeping requirements of 30 CFR 75.362(g)(1), 75.362(g)(3) and
(g)(4). The estimated burden of this recordkeeping required under 30
CFR 75.362(g)(1), 75.362(g)(3) and (g)(4) are shown below.
These requirements include that a person designated by the operator
must conduct an examination and record the results and the corrective
actions taken to ensure compliance with 30 CFR 75.362(a)(3). The
examinations are made on the sections and these sections include MMUs.
MSHA estimates that a certified person earning $62.39 per hour,
takes 3 minutes to make a record of the examination for the average
mine in all mine sizes. MSHA estimates that there are 43 MMUs in mines
with 1-19 employees, which average 1 shift per day; 360 MMUs in mines
with 20-500 employees, which average 2 shifts per day; and 62 MMUs in
mines with more than 500 employees, which average 3 shifts per day.
Records of the examinations will need to be made of these shifts each
working day. MSHA estimates that the number of workdays per year is:
200 days for mines with 1-19 employees; 300 days for mines with 20-500
employees; and 350 days for mines with more than 500 employees.
Under 30 CFR 75.362(g)(3), that at each mine the mine supervisor
(foreman) or equivalent official must countersign each examination
record under 30 CFR 75.362(a)(3) after it is certified by a certified
person in accordance with 30 CFR 75.362(g)(2)(ii). MSHA estimates that
it takes 1 minute for a mine supervisor or equivalent mine official
earning $79.79 per hour to review and countersign the record.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 579,400, the annual burden hours is 19,313, and the annual
recordkeeping cost to respondents is $0.
6-2. On-Shift Examination for Respirable Dust (30 CFR 75.362(a)(2))
Under 30 CFR 75.362(a)(2), a person designated by the operator must
conduct an examination and record the results and the corrective
actions taken to assure compliance with the respirable dust control
parameters specified in the mine ventilation plan. MSHA estimates that
on average, there is 1 fan, 1 working section, and 1 shift per day at
mines with 1-19 employees; 1.5 fans, 2.5 working sections, and 2 shifts
per day at mines with 20-500 employees; 1.5 fans, 2.5 working sections,
and 3 shifts per day at mines with 501+ employees. Additionally, MSHA
estimates that there are 43 MMUs in mines with 1-19 employees, which
average 1 shift per day; 360 MMUs in mines with 20-500 employees, which
average 2 shifts per day; and 62 MMUs in mines with 501+ employees,
which average 3 shifts per day. Records of the examinations will need
to be made of these shifts each working day. MSHA estimates that the
number of workdays per year is: 200 days for mines with 1-19 employees;
300 days for mines with 20-500 employees; and 350 days for mines with
more than 500 employees.
MSHA estimates that a mine supervisor, earning $79.76 per hour,
takes 3 minutes to make a record of the examination for the average
mine in all mine sizes.
Under 30 CFR 75.362(g)(2)(i), the record required under
75.362(a)(2) must be certified by initials, date, and time on a board
maintained at the section load out or similar location showing that the
examination was made prior to resuming production. This standard does
not add any additional burden because the record is already required
under 30 CFR 75.362(a)(2).
Under 30 CFR 75.362(g)(2)(ii), records required under 30 CFR
75.362(a)(2) must be verified by initials, date, and time, by the
certified person directing the on-shift examination. Under 30 CFR
75.362(g)(3), the mine supervisor (foreman) or equivalent official must
countersign each examination record under 30 CFR 75.362(a)(2) after it
is verified by a certified person in accordance with 30 CFR
75.362(g)(2)(ii). MSHA estimates that it takes 1 minute for a certified
person earning $62.39 per hour to verify the record; and another 1
minute for a mine supervisor or equivalent mine official earning $79.76
per hour to review and countersign the record.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 869,100, the annual burden hours is 24,142, and the annual
recordkeeping cost to respondents is $0.
7. Supplemental Examination for Hazardous Conditions and Violations of
Mandatory Health or Safety Standards (30 CFR 75.361 and 75.363)
7-1. Supplemental Examination for Hazardous Conditions (30 CFR 75.361
and 75.363(a))
Under 30 CFR 75.363(b), a record of any hazardous conditions found,
including any found during examinations under 30 CFR 75.361
supplemental examinations and any violation of the mine mandatory
health or safety standards found during 30 CFR 75.362 on-shift
examinations, must be
[[Page 28450]]
recorded by a certified person along with corrective actions taken to
abate the conditions. This record must be countersigned by the mine
supervisor. This record must be maintained in a secure book at the mine
in accordance with 30 CFR 75.363(c). The time to record a hazard is
estimated to be 5 minutes, and 3 minutes to countersign the record. The
record can be made by a certified person earning $62.39 per hour and
signed by the mine supervisor earning $79.76 per hour. MSHA estimates
that 100 hazards per year will be recorded at mines with at least 20
employees and 50 hazards per year will be recorded in mines with fewer
than 20 employees.
Under 30 CFR 75.361(a), a certified person is required to make a
supplemental examination for hazardous conditions and violations of the
mandatory health or safety standards referenced in paragraph (a)(2) of
that section before any person enters an area of the mine that has not
had a preshift examined. Under 30 CFR 75.361(b), at each working place
examined, the person making the supplemental examination must certify
by initials, date, and the time, that the examination was made. MSHA
estimates that it takes 1 minute for a certified person earning $62.39
per hour to make the certification.
Additionally, if a hazard is found or a violation of one or more of
the mine specific health or safety standards is identified, then a
record must be kept under 30 CFR 75.363.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 57,000, the annual burden hours is 2,850, and the annual
recordkeeping cost to respondents is $0.
7-2. Violations of Mandatory Health or Safety Standards (30 CFR
75.363(b))
Under 30 CFR 75.363, operators must record any violations of mine
mandatory health or safety standards found on supplemental and on-shift
examinations and any corrective actions taken. The mandatory health and
safety standards represent the conditions or practices that, if
uncorrected, present the greatest unsafe conditions and the most
serious risks to miners. The supplemental (30 CFR 75.361) and on-shift
(30 CFR 75.362) standards contain recordkeeping requirements if a
violation of any of the standards is found.
During fiscal years 2021 through 2023, MSHA inspectors found an
annual average of 12,057 violations of the mine standards MSHA believes
these violations are most likely to be identified during preshift,
supplemental, on-shift, and weekly examinations. Because conditions
resulting in these violations can occur and require corrective action
multiple times during the year (e.g., insufficient rock dust), MSHA
multiplied the 12,057 violations found by MSHA inspectors by a factor
of 1.5 to arrive at an estimated 18,085 violations. MSHA assumes that
half of these violations--9,043 violations--would be identified on the
preshift (30 CFR 75.360) and weekly examinations (30 CFR 75.364) and
the other half, 9,042 violations, would be identified on supplemental
and on-shift examinations.
MSHA estimates that 80 percent of these (7,234 violations out of
9,043 violations) would be found during on-shift examinations and 20
percent (1,809 violations out of 9,043 violations) would be found
during the supplemental examinations. MSHA estimates that it would take
3 minutes to record any violations identified and corrective actions
taken. Mine supervisors earning $79.76 an hour perform on-shift exams
and certified persons earning $62.39 perform supplemental exams.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 9,043, the annual burden hours is 452, and the annual
recordkeeping cost to respondents is $0.
8. Weekly Examination (30 CFR 75.364)
8-1. Weekly Examination of Worked-Out Areas (30 CFR 75.364(a) and (h))
Under 30 CFR 75.364(a), at least every 7 days, a certified person
must examine unsealed worked-out areas where no pillars have been
recovered by traveling to the area of deepest penetration; measuring
methane and oxygen concentrations and air quantities and making tests
to determine if the air is moving in the proper direction in the area.
Under 30 CFR 75.364(h), at the completion of any shift during which
a portion of a weekly examination is conducted, a record of the results
of each weekly examination, including a record of hazardous conditions
and violations of the nine mandatory health or safety standards found
during each examination and their locations, the corrective action
taken, and the results and location of air and methane measurements,
must be made.
MSHA estimates the time required to make the record to be 35
minutes per record in mines with 1-19 employees and 60 minutes per
record in mines with 20 or more employees. Records are completed by a
certified person earning $62.39 per hour. The time needed to review and
countersign the record by a mine supervisor earning $79.76 per hour is
5 minutes per record at mines with 1-19 employees and 10 minutes per
record at mines with 20 or more employees. MSHA also estimates that, on
average, mines with 1-19 employees operate for 50 weeks out of the year
and mines with 20+ employees operate 52 weeks out of the year.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 23,120, the annual burden hours is 11,737, and the annual
recordkeeping cost to respondents is $0.
8-2. Weekly Examination of Hazardous Conditions (30 CFR 75.364(b) and
(h))
Under 30 CFR 75.364(b), at least every 7 days, an examination for
hazardous conditions and violations of the mandatory health or safety
standards, as listed in 30 CFR 75.364(b)(8), must be made by a
certified person designated by the mine operator. The mandatory health
and safety standards represent the conditions or practices that, if
uncorrected, present the greatest unsafe conditions and the most
serious risks to miners.
Under 30 CFR 75.364(h), at the completion of any shift during which
a portion of a weekly examination is conducted, a record of the results
of each weekly examination, including a record of hazardous conditions
and violations of the nine mandatory health or safety standards found
during each examination and their locations, the corrective action
taken, and the results and location of air and methane measurements,
must be made.
MSHA estimates that it would take a certified person 3 minutes to
record violations along with any corrective actions taken. A certified
person conducting these examinations earns a wage of $62.39 per hour.
MSHA also estimates that, on average, mines with 1-19 employees operate
for 50 weeks out of the year and mines with 20+ employees operate 52
weeks out of the year.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 225, the number of annual
responses is 11,560, the annual burden hours is 578, and the annual
recordkeeping cost to respondents is $0.
[[Page 28451]]
9. Mine Ventilation Plan; Submission and Approval (30 CFR 75.370 and
75.371)
9-1. Mine Ventilation Plans (30 CFR 75.370(a)(1) and (2))
Under 30 CFR 75.370, the mine operator must submit a proposed
ventilation plan in writing to the District Manager for approval and
that plan must be reviewed by MSHA every 6 months. However, once a
ventilation plan is approved, the operator needs to submit only the
revised pages, sketches, and drawings of the plan when proposing
revisions, unless the District Manager requests in writing that the
mine operator submit a new fully revised plan. The operator must update
the plan as often as necessary to ensure in the mine. The mine operator
must notify the representative of miners of any proposed and approved
ventilation plan or plan revision, and upon request, provide a copy.
MSHA estimates that new ventilation plans will be developed and
submitted in writing to the District Manager by new or newly active
mines, which are estimated to be 6 percent of the total (4 mines with
1-19 employees, 9 mines with 20-500 employees, and 1 mine with more
than 500 employees), and will each take 32 hours each. New plans, plan
revisions, and maps are prepared by a mine supervisor earning $79.76
per hour and copies are made by a clerical employee earning $34.66 per
hour. Under 30 CFR 75.370(b), following receipt of the proposed plan or
proposed revision, the representative of miners may submit timely
comments to the district manager, in writing, for consideration during
the review process. A copy of these comments must also be provided to
the operator by the district manager upon request. MSHA assumes this
will rarely take place. The annual burden cost for this provision is
thus assumed to be `de minimis'. Under 30 CFR 75.370(c)(1), the
district manager notifies the operator in writing of the approval or
denial of approval of a proposed ventilation plan or proposed revision.
A copy of this notification must be sent to the representative of
miners by the district manager.
MSHA assumes that mines with 1-19 employees will receive 2 such
notifications from MSHA each year, while mines with 20 or more
employees will receive 4 such notifications. MSHA estimates that a
clerical employee earning $34.66 per hour will take 15 minutes to send
a copy of this notification to the representative of miners for both
proposed ventilation plans (only new mines: 6 percent of underground
coal mines, equal to 4 mines with 1-19 employees, 9 mines with 20-500
employees, and 1 mine with more than 500 employees) or proposed
revision (all underground coal mines).
Contractor Labor Cost
Under 30 CFR 75.370, mine operators must submit a proposed
ventilation plan in writing to the District Manager for approval and
that plan must be reviewed by MSHA every 6 months. However, once a
ventilation plan is approved, the operator needs to submit only the
revised pages, sketches, and drawings of the plan when proposing
revisions, unless the District Manager requests in writing that the
mine operator submit a new fully revised plan. The operator must update
the plan as often as necessary to ensure that the plan is suitable to
current conditions in the mine.
Mines with 1-19 employees will generally contract out for this
service. MSHA estimates that under the proposed rule 6 percent of these
mines (4) will submit a new ventilation plan and all mines with 1-19
employees (70) will submit 2 updates annually. MSHA further estimates
that new plans will require 8 hours each, revised plans will require 4
hours each, and 3 maps will require 1 hour each. MSHA estimates that
these tasks will be carried out by a contractor equivalent to a mine
supervisor, earning $79.76 per hour.
In addition, 3 copies of the mine ventilation map must be submitted
annually or with each update (the assumption is that they will be
submitted twice annually), including supplemental information listed in
30 CFR 75.372, requiring a total of 30 minutes. MSHA estimates that
this task will be carried out by a contractor equivalent to a clerical
employee, earning $34.66 per hour.
This proposed rule would result in a reduction of annual
recordkeeping cost to respondents from $66,394 to $34,473.
Copying and Postage Costs
MSHA estimates that under the proposed rule 6 percent of
underground coal mine operators (4 mines with 1-19 employees, 9 mines
with 20-500 employees, and 1 mine more than 500 employees) will create
new ventilation plans each year. Under 30 CFR 75.370(a)(2), underground
coal mines may revise approved ventilation plans. Additionally, MSHA
estimates that under the proposed rule underground coal mines with 1-19
employees will revise and submit their ventilation plans to MSHA twice
each year, and mines with 20 or more employees will revise and submit
their ventilation to MSHA plans 4 times each year. On average, MSHA
estimates that a new plan or plan revision will be three pages. Copying
will cost $0.15 per page and $1.00 for postage, for a total cost of
$1.45 per new plan or plan revision.
Under 30 CFR 75.370(a)(3)(i) and (f)(1), underground coal mine
operators that revise their ventilation plans are required to notify
the miners' representative at least 5 days prior to submission of a
mine ventilation plan revision and, if requested, provide a copy of the
revisions to the miners' representative under 30 CFR 75.370(a)(3)(i)
and (f)(1). Under the proposed rule MSHA assumes that a copy of the
revisions will always be requested. The number of copies provided
equals the number of revisions noted above. MSHA estimates that the
cost of copying will be $0.45 for three pages.
Under 30 CFR 75.370(a)(3)(iii) and (f)(3), underground coal mine
operators that revise their ventilation plans must post a copy of the
revisions of the mine ventilation plan under 30 CFR 75.370(a)(3)(iii)
and (f)(3). The number of postings is equal to the number of revisions
noted above. MSHA estimates that the cost of copying will be $0.45 for
three pages.
This proposed rule would result in a reduction of annual
recordkeeping cost to respondents from $3,472 to $1,819.
This proposed rule would result in a reduction in information
collection costs. The number of annual respondents remains unchanged at
225, the number of annual responses would decrease from 2,499 to 957,
the annual burden hours would decrease from 11,056 to 5,614 hours, and
the annual recordkeeping cost to respondents would decrease from
$69,865 to $36,292.
9-2. Mine Ventilation Plan Contents for Diesel-Powered Equipment (30
CFR 75.371)
Under 30 CFR 75.371(f), (j), (r), (kk), (ll), (mm), (nn), (oo), and
(pp), certain information required in 30 CFR 75.325 and 70.1900 must be
recorded in the mine operator's ventilation plan as required by 30 CFR
75.370. MSHA estimates that under the proposed rule 15 mines annually
will need to provide and record certain information with ventilation
plans under 30 CFR 75.325 and 70.1900. MSHA estimates that the time
required to record the additional information in the ventilation plan
will be 15 minutes. The information is recorded by a mine supervisor
earning $79.76 per hour.
This proposed rule would result in a reduction in information
collection
[[Page 28452]]
costs. The number of annual respondents would decrease from 29 to 15,
the number of annual responses would decrease from 29 to 15, the annual
burden hours would decrease from 7 to 4 hours, and the annual
recordkeeping cost to respondents would remain unchanged at $0.
9-3. Miner Notification and Copies of Ventilation Plan Revisions (30
CFR 75.370(a)(3) and (f))
Under 30 CFR 75.370(a)(3)(i) and (f)(1), underground coal mine
operators are required to notify the miners' representative at least 5
days prior to submission of a mine ventilation plan or plan revision
for MSHA approval and, if requested, provide a copy of the proposed and
approved revisions to the miners' representative. Under the proposed
rule MSHA assumes that a copy of the plan or plan revisions will be
requested each time they are submitted. MSHA assumes underground coal
mines with 1-19 employees will revise and submit their ventilation
plans to MSHA twice each year, and mines with 20 or more employees will
revise and submit their ventilation to MSHA plans 4 times each year.
The number of copies of new plans provided to miners' representatives
is estimated to be 6 percent of underground coal mines (4 mines with 1-
19 employees, 9 mines with 20-500 employees, and 1 mine with more than
500 employees). MSHA estimates that it takes a clerical employee,
earning $34.66 per hour, 15 minutes to notify and provide a copy of the
plan or plan revisions.
Under 30 CFR 75.370(a)(3)(iii) and (f)(3), underground coal
operators must post a copy of the revisions of the mine ventilation
plan. The number of postings is equal to the number of new plans and
plan revisions, including ones created by contractors: 6 percent of all
underground coal mines for new plans (4 mines with 1-19 employees, 9
mines with 20-500 employees, and 1 mine with more than 500 employees)
and 100 percent of all underground coal mines, including new mines, for
revised plans (2 times per year in mines with 1-9 employees and 4 times
per year in mines with at least 20 employees). MSHA estimates that it
takes a clerical employee earning $34.66 per hour 15 minutes to post a
copy of the plan or plan revisions to the mine ventilation plan.
This proposed rule would result in a reduction in information
collection costs. The number of annual respondents would remain
unchanged at 225, the number of annual responses would decrease from
1,548 to 253, the annual burden hours would decrease from 387 to 63
hours, and the annual recordkeeping cost to respondents would remain
unchanged at $0.
10. Mechanical Escape Facilities (30 CFR 75.382)
Under 30 CFR 75.382(c), mines employing mechanical escape
facilities must conduct a weekly examination to ensure that the
facility is in proper operating condition. Under 30 CFR 75.382(g), mine
operators are required to have a certified person certify by date,
time, and initials, that the examination was conducted. It is estimated
that 201 such facilities are in use at mines with 20 or more employees
operating 52 weeks per year and that the certification will take 1
minute. The certification can be conducted by a certified person
earning $62.39 per hour.
This proposed rule does not impact this information collection
cost. The number of annual respondents is 201, the number of annual
responses is 10,452, the annual burden hours is 174, and the annual
recordkeeping cost to respondents is $0.
Summary of the Collection of Information
Under the proposed rule, the estimated number of respondents,
responses, burden hours and recordkeeping costs to respondents would
decrease from the currently approved information collection request.
The reduction in information collection costs comes from removing the
requirement of revising ventilation plans at the discretion of the
District Manager.
Affected Public: Businesses or For-Profit.
Estimated Number of Respondents: 225 (0 due to this proposed rule).
Frequency: On occasion.
Estimated Number of Responses: 1,908,126 (-2,852 due to this
proposed rule).
Estimated Number of Burden Hours: 144,904 (-5,770 due to this
proposed rule).
Estimated Recordkeeping Costs to Respondents: $36,292 (-$33,574 due
to this proposed rule).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.
MSHA has examined this proposed rule and has determined that it
would not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity; (2) write regulations to minimize litigation; (3) provide a
clear legal standard for affected conduct rather than a general
standard; and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms; and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOL has completed the required review and
determined that, to the extent permitted by law, this proposed rule
meets the relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a
[[Page 28453]]
regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
MSHA examined this proposed rule according to UMRA and determined
that the proposed rule does not contain a Federal intergovernmental
mandate, nor is it expected to require expenditures of $100 million or
more in any one year by State, local, and Tribal governments, in the
aggregate, or by the private sector. As a result, the analytical
requirements of UMRA do not apply.
G. Review Under the National Environmental Policy Act
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et seq.), requires each Federal agency to consider the
environmental effects of regulatory actions and to prepare an
environmental impact statement on Agency actions that would
significantly affect the quality of the environment; unless the action
is considered categorically excluded under 29 CFR 11.10. MSHA has
reviewed the proposed rule in accordance with NEPA requirements and the
Department of Labor's NEPA procedures (29 CFR part 11). As a result of
this review, MSHA has determined that this proposed rule would not
impact air, water, or soil quality, plant or animal life, the use of
land or other aspects of the human environment. Therefore, MSHA has not
conducted an environmental assessment nor provided an environmental
impact statement.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, MSHA has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOL has determined that this proposed rule would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). MSHA has reviewed this proposed rule under the
OMB and has concluded that it is consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13175
E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments'' 65 FR 67249 (Nov. 9, 2000), requires agencies to consult
with tribal officials when developing policies that may have ``tribal
implications.'' This proposed rule does not have ``tribal
implications'' because it will not ``have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Accordingly, under E.O. 13175, no further Agency action or analysis is
required.
L. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' 66 FR 28355 (May 22,
2001), requires agencies to publish a statement of energy effects when
a rule has a significant energy action that adversely affects energy
supply, distribution, or use. MSHA has reviewed this proposed rule for
its energy effects. For the energy analysis, this proposed rule will
not exceed the relevant criteria for adverse impact.
M. Review Under Additional Executive Orders and Presidential Memoranda
MSHA has examined this proposed rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy'' 90 FR 8353 (Jan. 29, 2025); E.O. 14192,
``Unleashing Prosperity Through Deregulation'' 90 FR 9065 (Feb. 6,
2025); and the Presidential Memorandum, ``Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis''
90 FR 8245 (Jan. 28, 2025). This proposed rule is expected to be an
E.O. 14192 deregulatory action.
List of Subjects in 30 CFR Part 75
Coal, Mine safety and health, Reporting and recordkeeping
requirements, Underground coal mines, Ventilation.
For the reasons set forth in the preamble, and under the authority
of the Federal Mine Safety and Health Act of 1977, as amended by the
Mine Improvement and New Emergency Response Act of 2006, MSHA proposes
to amend chapter I of title 30 of the Code of Federal Regulations as
follows:
SUBCHAPTER O--COAL MINE SAFETY AND HEALTH
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
0
1. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
Subpart D--Ventilation
0
2. In Sec. 75.371, revise the introductory text to read as follows:
Sec. 75.371 Mine ventilation plan; contents.
The mine ventilation plan shall contain the information described
below:
* * * * *
James P. McHugh,
Deputy Assistant Secretary for Policy, Mine Safety and Health
Administration.
[FR Doc. 2025-12232 Filed 6-30-25; 8:45 am]
BILLING CODE 4520-43-P