Program to Prevent Smoking in Hazardous Areas

OMB Control No: 1219-0041	ICR Reference No: 201003-1219-006
Status: Historical Active	Previous ICR Reference No: 200706-1219-002
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Program to Prevent Smoking in Hazardous Areas
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/01/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/30/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	36 Months From Approved	09/30/2010
Responses	144	0	101
Time Burden (Hours)	72	0	51
Cost Burden (Dollars)	6,098	0	0

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Abstract: The information collection requirements contained in 30 C.F.R. § 75.1702 prohibits persons from smoking or carrying smoking materials underground or in places where there is a fire or explosion hazard, and §75.1702-1 requires that the mine operator submit the smoker search plan to MSHA for approval.

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Authorizing Statute(s): PL: Pub.L. 91 - 173 103(h) 30 U.S.C. 813 Name of Law: Federal Mine Safety & Health Act of 1977    US Code: 30 USC 877(c) Name of Law: Federal Mine Safety & Health Act of 1977    PL: Pub.L. 91 - 173 317(c) 30 U.S.C. 877 (c) Name of Law: Federal Mine Safety & Health Act of 1977    US Code: 30 USC 813 Name of Law: Federal Mine Safety & Health Act of 1977

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 36120	06/24/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 52979	08/30/2010
Did the Agency receive public comments on this ICR? Yes

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

IC Title Form No. Form Name Program to Prevent Smoking in Hazardous Areas

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	144	101	0	43	0	0
Annual Time Burden (Hours)	72	51	0	21	0	0
Annual Cost Burden (Dollars)	6,098	0	0	6,098	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: MSHA’s estimates of burden hours and costs associated with this standard recognize that when mine properties are opened, reopened, reactivated or new mine properties open an initial program of searches for smoking material must be submitted for MSHA District Manager approval or that when existing operations change ownership and/or significantly alter their legal identity, revised mandatory plans are required. Therefore, an increase in the total number of plans submitted (101 to 144) has resulted in a increase of 21.5 burden hours (from 50.5 to 72). The 12 month average of US. coal mines as of 03/31/2010 was 417 mines.

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Annual Cost to Federal Government: $2,425

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Mario Distasio 2026939455 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 08/30/2010

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