Hazardous Conditions Complaints

OMB Control No: 1219-0014	ICR Reference No: 201009-1219-002
Status: Historical Active	Previous ICR Reference No: 200707-1219-002
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Hazardous Conditions Complaints
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: 01/21/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/21/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2014	36 Months From Approved	01/31/2011
Responses	2,278	0	1,358
Time Burden (Hours)	456	0	272
Cost Burden (Dollars)	0	0	0

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Abstract: Under Section 103(g) of the Federal Mine Safety and Health Act of 1977, as amended (Mine Act), a representative of miners, or any individual miner where there is no representative of miners, may submit a written or oral notification of alleged violation or imminent danger of the Mine Act or a mandatory standard or of an imminent danger. The notifier has the right to obtain an immediate inspection by the Mine Safety and Health Administrations (MSHA). A copy of the notice must be provided to the operator, with individual miner names redacted. MSHA regulations at 30 C.F.R. part 43 implement section 103(g) of the Mine Act. These regulations provide the procedures for submitting notification of the alleged violation and the actions that MSHA must take after receiving the notice. Although the regulations contain a review procedure (required by section 103(g)(2) of the Mine Act) whereby a miner or a representative of miners may in writing request a review if no citation or order is issued as a result of the original notice, the option is so rarely used that it was not considered in the burden estimates.

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Authorizing Statute(s): PL: Pub.L. 91 - 173 103(g) 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 56561	09/16/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 80071	12/21/2010
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 Hazardous Conditions Complaints

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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	2,278	1,358	0	0	920	0
Annual Time Burden (Hours)	456	272	0	0	184	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The increase of 184 burden hours (from 272 to 456) is due to an increase in the number of responses and complaints received (from 1,358 to 2,278). MSHA ran a campaign “One Call Does It All” that notified the mining industry personnel of the hotline number to call if they wanted to report a hazardous condition complaint or an emergency situation at a mine site. In addition to running this campaign, the Sago, Aracoma, and Darby mining disasters increased the public’s awareness of the hotline and of the public’s ability to report a hazardous condition complaint online via MSHA’s website. Since these mining disasters have occurred we have experienced a significant increase in hotline number complaints, online complaints, email complaints, direct phone in complaints to headquarters, and enforcement personnel in the field have stated that they are receiving more hazardous condition complaints from miners while they are onsite conducting mine inspections. In summary, heightened awareness has resulted in more complaints which have improved enforcement efforts and safety conditions for miners. The burden costs remain at $0.

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Annual Cost to Federal Government: $176,343

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: 12/21/2010

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