Operations Under Water

OMB Control No: 1219-0020	ICR Reference No: 201007-1219-001
Status: Historical Active	Previous ICR Reference No: 200706-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Operations Under Water
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/12/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/18/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	36 Months From Approved	10/31/2010
Responses	80	0	30
Time Burden (Hours)	400	0	150
Cost Burden (Dollars)	33,880	0	450

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Abstract: Requires coal mine operators to obtain a permit to mine under a body of water if in the judgment of the Secretary of Labor, it is sufficiently large enough to constitute a hazard to miners.

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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 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 36122	06/24/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 48367	08/10/2010
Did the Agency receive public comments on this ICR? No

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

IC Title Form No. Form Name Operations Under Water

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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	80	30	0	50	0	0
Annual Time Burden (Hours)	400	150	0	250	0	0
Annual Cost Burden (Dollars)	33,880	450	0	33,430	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 records for 2007-2009 show that the number of plans for mining underwater that were reviewed averaged approximately 80 plans per year, this is higher than the previously used estimate of 30 plans per year. Increased awareness of inundation hazards since the Quecreek incident in 2002 may have contributed to the increase in the number of permit applications. In addition, the average wage rates used were slightly higher than in the previous calculations.

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Annual Cost to Federal Government: $45,862

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]? No

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: 08/18/2010

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