Permissible Equipment Testing

OMB Control No: 1219-0066	ICR Reference No: 201302-1219-002
Status: Historical Inactive	Previous ICR Reference No: 201106-1219-003
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Permissible Equipment Testing
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 01/12/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/19/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2018	12/31/2015	04/30/2015
Responses	772	0	754
Time Burden (Hours)	4,630	0	4,441
Cost Burden (Dollars)	2,803,067	0	2,780,708

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Abstract: MSHA regulations at 30 CFR parts 6 through 36 contain application, testing and inspection procedures, and quality control procedures for the approval of mining equipment or explosives used in both underground and surface coal, metal, and nonmetal mines. Except for parts 6 and 7, MSHA conducts most of the testing and evaluation of products for a fee paid by the applicant; although some regulations require the manufacturer to pretest the product. Upon MSHA approval, the manufacturer must ensure that the product continues to conform to the specifications and design evaluated and approved by MSHA. In some instances, as part of the approval process, manufacturers are required to have a quality control or assurance plan.

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Authorizing Statute(s): PL: Pub.L. 91 - 173 508 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:
1219-AB65	Final or interim final rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 24060	04/29/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 52015	08/19/2011
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 Permissible Equipment Testing MSHA 2000-38, MSHA 2000-38(Web version)

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ICR Summary of Burden

	Total Request	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	772	754	0	18	0	0
Annual Time Burden (Hours)	4,630	4,441	0	189	0	0
Annual Cost Burden (Dollars)	2,803,067	2,780,708	0	22,359	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: There was an increase of 189 burden hours (from 4,441 to 4,630). The increase is due to changes in the number of estimated applications filed with MSHA by manufacturers and/or mine operators, but also because it subsumes burden from two ICRs, 1219-0145, specifically the approval and testing of flame-resistant conveyor belting, and 1219-0146, the approval and testing requirements of refuge alternatives. When OMB approves this package, MSHA will submit change requests to reduce the corresponding burden of these two packages. There was an increase of 18 responses (from 754 to 772) and a decrease of 5 respondents (262 to 257). These increases are due to the changes in the number of applicants and applications being filed. The increase is also due to the addition of applicants and applications for the Part 7, Subpart L, Refuge Alternatives program and Part 14 Conveyor Belt program. Burden costs increased by $22,359 (from $3,780,708 to $2,803,067). This increase is related to the following changes: MSHA's hourly charge to evaluate applications for approval; the addition of applicants and applications for the Part 7, Subpart L, Refuge Alternatives program and Part 14 Conveyor Belt program. Additional time spent on applications due to an increase in the complexity of evaluating incoming applications. The time spent on evaluating applications has increased because many experienced long-time employees have retired and MSHA has had to hire and train new engineers and technicians to replace them.

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Annual Cost to Federal Government: $56,476

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: Nicole Bouchet 202 646-2814 [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: 02/19/2014

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