The proposal contains information collection requirements in §§ 62.120, 62.130, 62.140, 62.150, 62.160, 62.170, 62.180, 62.190, 62.200, and 62.210. Those required to provide the information are mine operators and individuals who are paid to perform tasks for the mine operator (e.g., physicians reporting the results of audiograms to the mine operator).

The following chart presents the paperwork requirements by section.

These paperwork requirements have been submitted to the Office of Management and Budget (OMB) for review under section 3504(h) of the Paperwork Reduction Act of 1995 (PRA 95). Respondents are not required to respond to any collection of information unless it displays a currently valid OMB control number. The following discussion provides summary information on the estimated burden hours and costs associated with the information collection or reporting requirements of this proposal. The estimates provided are rounded.

§ 62.120 Limitations on Noise Exposure

Administrative Controls

Section 62.120(c)(1) requires that when a mine operator uses administrative controls to reduce a miner's noise exposure to the PEL, the operator must post these procedures on the mine bulletin board and provide a copy to affected miners.

Metal/Nonmetal Mines
MSHA estimates that about 18 small metal/nonmetal mines, having a total of 103 miners, and about 40 large metal/nonmetal mines, having a total of 2,932 miners, would begin to use administrative controls each year to comply with the PEL. MSHA estimates that a supervisor, earning $36.50 per hour, would take 0.75 hours in small metal/nonmetal mines and 1.5 hours in large metal/nonmetal mines to write administrative controls and approve the final procedures; that a clerical worker, earning $16.16 per hour, would take 0.75 hours to type, edit, and post the controls; and that a clerical worker would take 0.05 hour to make and distribute a copy, at $0.25 per copy, of the administrative controls to the affected miner.

The total annual estimated burden for metal/nonmetal mines would be about 270 hours of which large mines would incur 240 hours and small mines would incur 30 hours. The estimated cost for metal/nonmetal mines would be about $6,580 of which large mines would incur $5,735 and small mines would incur $845.

Coal Mines
MSHA estimates that about 20 small coal mines, employing approximately 173 miners, and about 45 large coal mines, employing about 5,237 miners, would begin to use administrative controls each year to comply with the PEL. MSHA estimates that a supervisor, earning $40 per hour, would take 0.75 hours in small coal mines and 1.5 hours in large coal mines to write administrative controls and approve the final procedures; that a clerical worker, earning $16.16 per hour, would take 0.75 hours to type, edit, and post the controls; and that a clerical worker would take 0.05 hour to make and distribute a copy, at $0.25 per copy, of the administrative controls to the affected miner.

The total estimated annual burden for coal mines would be about 405 hours of which large mines would incur 365 hours and small mines would incur 40 hours. The estimated cost for coal mines would be about $10,015 of which large mines would incur $8,800 and small mines would incur $1,215.

All Mines
The total estimated annual burden for all mines would be about 675 hours at a cost of about $16,595. Here are the burden calculations.

Dose Determination

Section 62.120(f)(1) requires operators to evaluate each miner's noise exposure to determine if such exposure exceeds the action level, permissible exposure level, dual hearing protection level, or ceiling level.

Metal/Nonmetal Mines
MSHA estimates that about 6,218 small metal/nonmetal mines and about 1,023 large metal/nonmetal mines would perform noise exposure monitoring under the proposal. The proposal calls for sufficient monitoring to determine noise dosages received. For this reason, MSHA assumes that mine operators would conduct random testing. MSHA estimates that a miner, earning $22.60 per hour, and a supervisor, earning $36.50 per hour, would take 2 hours at small mines and 5 hours at large mines to evaluate miners' noise exposures.

The total annualized estimated evaluation time for metal/nonmetal mines would be about 3,660 hours of which large mines would incur 1,100 hours and small mines would incur 2,560 hours. The estimated annualized capital cost and annual maintenance and operating costs associated with monitoring would be about $1.6 million, of which large mines would incur $237,885 and small mines would incur $1.39 million. These figures exclude the cost of labor.

Here are the burden calculations for metal/nonmetal mines.

Coal Mines
MSHA estimates that about 1,255 small coal mines and about 890 large coal mines would perform noise monitoring to determine noise dosage under the proposal. A miner, earning $25.40 per hour, and a supervisor, earning $40 per hour, would take 2 hours at small coal mines and 5 hours at large coal mines to evaluate miners' noise exposures.

The net annual estimated evaluation time would be a reduction of about 95,400 hours of which large mines would incur 83,445 hours and small mines would incur 11,955 hours. The total estimated savings of annualized capital costs and annual maintenance and operating costs for coal mines under the proposal would be about $540,215 (excludes cost of labor) of which large mines would save $196,125 and small mines would incur a savings of $344,090.

Here are the burden calculations for coal mines.

The existing rule requires coal mine operators to conduct semiannual noise surveys of all coal miners. Additional savings would be derived from the elimination of existing requirements for semiannual noise surveys, written hearing conservation plans, monitoring records, supplemental noise surveys, calibration reports, survey reports, and survey certifications. MSHA estimates that it would require 0.25 hour for the supervisor to fit the miner with the dosimeter and to read it at the end of the work shift. In addition, mine operators have to conduct supplementary monitoring if a miner's exposure exceeds the PEL, keep records of monitoring, calibrate dosimeters and keep calibration records, conduct other surveys to determine sound levels in the work areas, and certify that exposures are below the PEL for miners not monitored. The estimated costs and burden hours of these existing requirements are tabulated below.

Notification

Section 62.120(f)(2) requires that, whenever a miner's exposure exceeds the action level, PEL, dual hearing protection level or ceiling level, the operator notify the miner in writing, within 15 calendar days, of the overexposure and the corrective action being taken. The operator is required to maintain a copy of the miner's notification, or a list on which the relevant information is recorded, at the mine site for the duration of the affected miner's exposure above the action level and for at least 6 months thereafter.

It must be noted that MSHA anticipates that the task of notification would predominantly be incurred in the first year after the proposal has taken effect. Additional notification costs would be incurred when a new miner is hired and works in an area in which the noise exposure exceeds the action level, when a change occurs with machinery and the sound levels shift higher, or some similar situation occurs in which the sound levels change to a higher level. For the purposes of this analysis, MSHA has annualized the burden estimates; the Agency anticipates that 1,365 annualized hours would be incurred by metal/nonmetal mines (490, small mines; 875 large mines). MSHA estimates that about 6,218 small metal/nonmetal mines would notify about 35,300 miners and that about 1,023 large metal/nonmetal mines would notify about 75,700 miners.

MSHA estimates that about 1,255 small coal mines would notify about 9,020 miners and that about 890 large coal mines would notify about 66,668 miners. Approximately 890 annualized hours would be incurred by coal mines (120 hours, small mines; 770 hours, large mines).

MSHA estimates that a clerical worker, earning $16.16 per hour, would take 0.08 hour per miner to prepare and distribute a notification; that it would cost $0.25 per photocopy (one copy to miner, one copy to file); and that a supervisor, earning $40 per hour, would take 0.1 hour to give instructions to the clerical worker.

For the purposes of this analysis, MSHA has annualized this burden to provide a consistent measure of information collection burden hours in terms of yearly burden.

All Mines

The incremental impact on all mines of the proposed requirement for notification of exposure levels would be about 2,255 hours annualized at a cost of about $26,900.

Total for § 62.120

The total estimated annual recordkeeping burden for all mines for compliance with proposed § 62.120 is tabulated below.

§ 62.130 Training

Section 62.120(b) requires miners to be trained in accordance with § 62.130 if their exposure exceeds the action level. Section 62.130(c) requires mine operators to certify the date and type of training given each miner and to retain the most recent certification at the mine site, for as long as the miner is exposed to noise exceeding the action level and for at least 6 months thereafter. Training is required at the time exposure exceeds the action level and every 12 months thereafter that the miner remains so exposed.

MSHA estimates that it would take 0.05 hour for a clerical worker, earning about $16.16 per hour, to prepare and to file the certification for each miner trained. The cost for photocopying is $0.25 per certification. It would take a supervisor, earning $36.50 per hour at metal/nonmetal mines and $40 per hour at coal mines, about 0.1 hour to give instructions to the clerical worker doing the certifications.

Metal/Nonmetal Mines

MSHA estimates that metal/nonmetal mine operators would train 35,300 miners from 6,218 small mines and 75,700 miners from 1,023 large mines.

The estimated annual recordkeeping burden for preparing training certifications would be about 6,270 hours of which large mines would incur 3,885 hours and small mines would incur 2,385 hours. The annual cost associated with training certifications would be about $143,900 of which large mines would incur $83,200 and small mines would incur $60,700.

Coal Mines

MSHA estimates that coal mine operators would train 9,020 miners from 1,255 small mines and 66,668 miners from 890 large mines.

The estimated annual recordkeeping burden would be about 4,000 hours of which large mines would incur 3,420 hours and small mines would incur 580 hours. The annual cost associated with these training certifications would be about $88,670 which large mines would incur $74,090 and small mines would incur $14,580.

All Mines

The total estimated annual recordkeeping burden for training certification would be about 10,270 hours (7,310 at large mines; 2,960 at small mines) at a cost of about $232,570.

Here are the burden calculations.

§ 62.140 Audiometric Testing Program

Section 62.140(b)(1) requires mine operators to obtain a valid baseline audiogram of the miner's hearing acuity within 6 months of including a miner in an HCP and annually thereafter as long as the miner is enrolled in the HCP. Where mobile test vans are used to meet the audiometric test requirements, the operator may obtain a valid baseline audiogram within 12 months. Audiograms cost about $30 and take about 1.0 hour. Metal/nonmetal miners earn about $22.60 per hour and coal miners earn about $25.40 per hour.

Section 62.140(b)(3) requires operators to inform miners of the need to avoid high levels of noise for the 14 hours immediately before taking a baseline audiogram. MSHA estimates that it would take 0.08 hour to notify each miner of the need to appear for an audiogram and what to do prior to the audiogram, and that it would take 0.1 hour for a supervisor to give instructions to the clerical worker for each mine.

The following table summarizes the number of mines and miners which would be impacted by this proposal. These numbers are based upon enforcement data collected by MSHA (March 1991 - March 1995). The figures take into consideration the percent of mines which voluntarily have an audiometric program. (MSHA estimates that 5% of small mines and 20% of large mines have one.)

Metal/Nonmetal Mines

The estimated burden for baseline and annual audiometric testing for metal/nonmetal mines is tabulated below.

Coal Mines

The estimated burden for baseline and annual audiometric testing for coal mines is tabulated below. About 2% of coal miners are audiometrically tested under the requirements of the existing rule. This small existing burden is factored into the estimates shown.

All Mines

The net impact of these provisions on all mines would be an annual burden of about 69,930 hours (50,655 at large mines; 19,275 at small mines) at a cost of about $3.58 million ($2.6 million at large mines; $972,220 at small mines).

Here are the burden calculations.

§ 62.150 Audiometric Test Procedures

Section 62.150(b) requires the operator to obtain from the physician, audiologist, or qualified technician who conducts the audiometric test, a certification that the testing was conducted in accordance with a scientifically validated procedure. Section 62.150(c) requires operators to compile an audiometric test record including: 1) Name and job classification of the miner who has undergone the audiometric test; 2) A copy of the miner's original baseline, annual, and revised baseline audiograms; 3) Certifications of training; 4) Any exposure determination for the miner; and 5) The results of any follow-up examination.

MSHA estimates the following numbers of miners and mines to be impacted by this provision.

Metal/Nonmetal Mines

MSHA estimates that a secretary, earning $16.16 per hour, would take about 0.08 hour to process a certification and would take 0.05 hour to compile a test record. The Agency estimates that 0.1 hour would be needed for a mine operator, earning $36.50 per hour to provide instructions to the secretary. The total estimated recordkeeping burden for metal and nonmetal mines would be about 5,245 hours of which large mines would incur 2,970 hours and small amines would incur 2,275 hours. The total estimated cost would be about $113,835.

Coal Mines

MSHA estimates that a secretary, earning $16.16 per hour, would take about 0.08 hour to process a certification and would take 0.05 hour to compile a test record. The Agency estimates that 0.1 hour would be needed for a mine operator, earning $40 per hour, to provide instructions to the secretary. The total estimated recordkeeping burden for coal mines would be 3,935 hours of which large mines would incur 3,325 hours and small mines would incur 610 hours. The total estimated cost would be $82,000.

All Mines

The net impact of these provisions on all mines would be an annual burden of about 9,175 hours (6,290 at large mines; 2,885 at small mines) at a cost of about $195,835 ($127,925 at large mines; $67,910 at small mines).

The following table summarizes the burden of this section.

Here are the burden calculations.

§ 62.160 Evaluation of Audiogram Section 62.160(a)(1) requires the operator to inform persons evaluating audiograms of the requirements of this part and to provide them with a copy of the miner's audiometric test records. Section 62.160(d) requires a follow-up audiogram when in the judgment of the audiologist or physician the standard threshold shift revealed by the annual audiogram is permanent or the hearing threshold shown in the annual audiogram indicates significant improvement over the baseline audiogram.

Metal/Nonmetal Mines

MSHA estimates that a secretary, earning $16.16 per hour, would take 0.08 hour to photocopy a miner's audiometric test records and would take about 0.05 hour to inform the physician. MSHA also estimates that a mine operator, earning $36.50 per hour, would spend about 0.1 hour per mine per year to instruct the secretary on preparing these documents. An audiometric retest would take a miner, earning about $22.60 per hour, about 1.5 hours and would cost about $50. The total estimated recordkeeping burden for metal and nonmetal mines would be 12,010 hours of which large mines would incur 7,155 hours and small mines would incur 4,855 hours. The total estimated cost would be $492,215.

Coal Mines

MSHA estimates that a secretary, earning $16.16 per hour, would take 0.08 hour to photocopy a miner's audiometric test records and would take about 0.05 hour to inform the physician. MSHA also estimates that a mine operator, earning $40 per hour, would spend about 0.1 hour per mine per year to instruct the secretary on preparing these documents. An audiometric retest would take about 1.5 hours and would cost about $50. A coal miner earns about $25.40 per hour. The total estimated recordkeeping burden for coal mines would be 9,345 hours of which large mines would incur 8,015 hours and small mines would incur 1,330 hours. The total estimated cost would be $400,000.

All Mines

The net impact of these provisions on all mines would be an annual burden of about 21,355 hours (15,170 at large mines; 6,185 at small mines) at a cost of about $892,175 ($637,605 at large mines; $254,610 at small mines). The following table summarizes the burden estimates of this section.

The following table provides the number of miners and mines which are affected by the retesting requirement.

The assumptions relative to the percent of mines which now voluntarily provide an audiometric testing program are reflected in the above numbers.

Here are the burden calculations.

§ 62.170 Follow-up Evaluation

Section 62.170(a) requires the operator to refer the miner for a clinical audiological evaluation or an otological examination if a valid audiogram cannot be obtained due to a medical pathology caused or aggravated by the miner's exposure to noise or the wearing of hearing protectors.

Section 62.170(b) requires the operator to inform the miner of the need for an otological examination if a valid audiogram cannot be obtained due to a medical pathology of the ear which is unrelated to the miner's exposure to noise or the wearing of hearing protectors.

Section 62.170(c) requires the operator to instruct the physician or audiologist not to reveal to the operator any specific findings or diagnoses unrelated to the miner's exposure to noise or the wearing of hearing protectors without the written consent of the miner.

Metal/Nonmetal Mines

MSHA estimates that it would take a clerical worker, earning $16.16 per hour, an average of 0.08 hour to prepare a written notice to inform physicians or audiologists of information relating to the otological exam and of what information to reveal. The clerical worker, earning $16.16 per hour, would take about 0.08 hour to prepare a notice to the miner regarding the otological exam. MSHA further estimates that about 0.1 hour would be needed by a mine operator, earning $36.50 per hour, to instruct the secretary on how to prepare this information. Otological exams cost about $250. The Agency estimates that 5% of retested miners would need to have an otological exam. Metal/nonmetal mine operators would send 90 miners from small mines and 174 miners from large mines. Metal/nonmetal miners earn an average of $22.60 per hour.

MSHA estimates that metal/nonmetal mine operators would need 570 hours to meet these requirements. This total burden estimate includes the time for the otological exam, time to prepare the notice to the physician, and time to prepare the notice to the miner. Small metal/nonmetal mines would need about 200 hours and $26,950 to comply. Large metal/nonmetal mines would use about 370 hours and $51,915.

Coal Mines

MSHA estimates a clerical worker, earning $16.16 per hour, would take an average of 0.08 hour to prepare a written notice to inform physicians or audiologists of information relating to the otological exam and of what information to reveal. The clerical worker, earning $16.16 per hour, would take about 0.08 hour to prepare a notice to the miner regarding the otological exam. MSHA further estimates that a mine operator, earning $40 per hour, would need about 0.1 hour a year to instruct the secretary on how to prepare this information. Otological exams cost about $250. The Agency estimates that 5% of retested miners would need to have an otological exam. About 470 hours and $66,915 would be needed by coal operators to comply with these requirements. Small mines would need 55 hours and $7,330. Large coal mines would need 425 hours and $59,120. About 24 miners from small mines and 196 miners from large mines would need an otological exam; coal miners earn an average of $25.40 per hour.

All Mines

The net impact of these provisions on all mines would be an annual burden of about 1,045 hours (795 at large mines; 250 at small mines) at a cost of about $145,780 ($111,500 at large mines; $34,280 at small mines).

The following table presents the number of mines and miners which would be impacted by this provision.

Here are the burden calculations.

§ 62.180 Follow-up Corrective Measures

Section 62.180(a) requires the operator to retrain the miners, to refit the miners with HPDs, and to review the effectiveness of any engineering and administrative controls to identify and correct any deficiencies if an STS is detected in a miner.

Review Administrative/Engineering Controls

Metal/Nonmetal Mines

MSHA estimates that it would take a mine operator of a small mine, earning $36.50 per hour, 0.75 hour to identify and correct any deficiencies of engineering and administrative controls; for a large mine, MSHA anticipates that 1.5 hours would be needed by a mine operator, earning $36.50 per hour. In addition, a clerical worker, earning $16.16 per hour, would need 0.5 hour at a small mine and 0.75 hour at a large mine to type and edit the administrative controls. The total estimated burden for metal and nonmetal mines would be about 100 hours (80 hours for large mines and 20 hours for small mines). MSHA estimates that 15 small mines and 35 large mines would perform this task. The cost for metal and nonmetal mines would be $2,875.

Coal Mines

MSHA estimates that a mine operator, earning $40 per hour, would spend 0.75 hour to review administrative controls at small mines; at large mines, a mine operator, earning $40 per hour, would spend 1.5 hours reviewing administrative controls. In addition, a secretary, earning $16.16 per hour, would spend 0.5 hour at a small mine and 0.75 hour at a large mine typing and editing the administrative controls. The total estimated burden for coal mines would be about 115 hours (90 hours, large mines; 25 hours, small mines). About 20 small mines and 40 large mines would perform this task. Coal's estimated cost would be $3,645.

All Mines

The net impact of this provision on all mines would be an annual burden of about 215 hours (170 at large mines; 45 at small mines) at a cost of about $6,520 ($5,240 at large mines; $1,280 at small mines).

Here are the burden calculations.

Refit/Retrain Miners (Retraining Certification)

Metal/Nonmetal Mines

The Agency estimates that a clerical worker, earning $16.16 per hour, would take about 0.05 hour to prepare and file a training certification for each miner. MSHA estimates that metal and nonmetal mines would use 265 hours (90 for small mines and 175 for large mines). About 320 small mines would retrain 1,808 miners and 50 large mines would retrain 3,491 miners. The estimated cost of compliance is $5,600.

Coal Mines

MSHA estimates that a clerical worker, earning $16.16 per hour, would take about 0.05 hour to prepare and file a training certification for each miner. About 220 hours would be spent in complying with this provision (25, small mines; 195, large mines). Compliance would cost about $4,680. MSHA estimates that 70 small mines would retrain 507 miners and 50 large mines would retrain 3,108 miners.

All Mines

The net impact of this provision on all mines would be an annual burden of about 485 hours (370 at large mines; 115 at small mines) at a cost of about $6,520 ($5,240 at large mines; $1,280 at small mines).

Here are the burden calculations.

§ 62.190 Notification of Results

The Agency estimates this section would cost $128,710 and would involve 6,300 hours for compliance. All parts of this section are new. Section 62.190 requires that within 21 calendar days of receiving the results of an audiogram or follow-up evaluation, the operator would be required to notify the miner of the results and interpretation of the audiometric test, including any finding of an STS or reportable hearing loss; and if applicable the need and reasons for any further testing or evaluation.

Notification of Audiometric Test Results

Metal/Nonmetal Mines

MSHA estimates that it would take a clerical worker, earning $16.16 per hour, about five minutes per miner to provide the results. MSHA also estimates that a mine operator, earning $36.50 per hour, would take about 0.1 hour per mine per year to instruct the secretary on how to prepare the results. The total estimated recordkeeping burden for metal and nonmetal mines would be 3,165 hours of which large mines would incur 1,820 hours and small mines would incur 1,345 hours. The total estimated cost would be $65,670 ($30,120 for small mines and $35,550 for large mines). MSHA estimates that 13,779 miners of 2,430 small mines and 22,328 miners of 301 large mines would be notified.

Coal Mines

MSHA estimates that it would take a clerical worker, earning $16.16 per hour, five minutes per miner to prepare the results. It would take a mine operator, earning $40 per hour, about 0.1 hour per year to give instructions to the clerical worker on how to perform this task. The total estimated recordkeeping burden for coal mines would be 2,395 hours of which large mines would incur 2,035 hours and small mines would incur 360 hours. The total estimated cost would be $47,990 ($8,100 for small mines, $39,890 for large mines). This provision would impact 3,851 miners of 536 small mines and 25,007 miners of 334 large mines.

Notification of an STS

Metal/Nonmetal Mines

MSHA further estimates that it would take a clerical worker, earning $16.16 per hour, about five minutes per miner for the results of an STS to be prepared and it would take a mine operator, earning $36.50 per hour, average of 0.1 hour to give instructions to the clerical worker and to approve the final notification. MSHA estimates that 4,777 metal/nonmetal miners (1,812 from small mines, 2,965 from large mines) would receive notification regarding the finding of an STS or of the need for an otological exam; of these numbers 90 miners from 15 small mines would be notified regarding the need for an otological exam and 174 miners of 2 large mines would be notified about an otological exam. The total estimated recordkeeping burden for metal and nonmetal mines would be 420 hours of which 50 large mines would incur 240 hours and 320 small mines would incur 180 hours. The total estimated cost would be $8,670 ($3,950 for small mines and $4,720 for large mines).

Coal Mines

MSHA further estimates that it would take a clerical worker, earning $16.16 per hour, about five minutes per miner for the results of an STS to be prepared and it would take a mine operator, earning $40 per hour, average of 0.1 hour to give instructions to the clerical worker and to approve the final notification. The total estimated recordkeeping burden for coal mines would be 320 hours of which large mines would incur 270 hours and small mines would incur 50 hours. The total cost would be $6,380 ($1,070 for 73 small mines and $5,310 for 44 large mines). MSHA estimates that about 3,827 coal miners (505 from small mines and 3,322 from large mines) would be notified regarding an STS or regarding the need for an otological exam annually.

All Mines

The net impact of these provisions on all mines would be an annual burden of about 6,300 hours (4,365 at large mines; 1,935 at small mines) at a cost of about $131,520 ($88,000 at large mines; $43,720 at small mines).

The following table summarizes the number of miners who would receive a notification regarding an STS or the need for an otological exam.

Here are burden calculations.

The Agency is requesting data from the public on whether to use a hearing loss measure of less than 25 dB.

Notification to MSHA of an STS

Section 62.190(b) requires the operator to report to MSHA a hearing loss of 25 dB or greater in accordance with part 50. The burden for reporting a hearing loss of 25 dB or greater would be included in the part 50 paperwork burden hour estimates.

§ 62.200 Access to Records

Proposed § 62.200(a) would require the operator to provide access to all required records under this part to the authorized representatives of the Secretaries of Labor and Health and Human Services and the operator also would be required to provide, within 15 calendar days of the request, access to records to the miner, former miner, or miner's designated representative. The proposal also would require the operator to provide the miner or the miner's representative access to training records and to miner's notification of exposure. Section 62.200(b) requires the operator to provide the miner with a copy of all records that the operator is required to maintain upon termination of employment.

Metal/Nonmetal Mines

MSHA estimates that a secretary, earning $16.16 per hour, would take about 0.1 hour per record to process an access request. In addition, MSHA estimates that a mine operator, earning $36.50 per hour, would take an average of 0.1 hour annually to provide the secretary with instructions. Photocopying would cost about $0.25 per file. The total estimated burden for metal and nonmetal mines would be 1,000 hours of which large mines would incur 560 hours and small mines would incur 440 hours. The total estimated cost would be about $18,865 ($8,375 for small mines and $10,490 for large mines).

Coal Mines

The Agency estimates that a secretary, earning $16.16 per hour, would take about 0.1 hour per record to process an access request. In addition, MSHA estimates that a mine operator, earning $40 per hour, would take an average of 0.1 hour annually to provide the secretary with instructions. The total estimated burden for coal mines would be 255 hours of which large mines would incur 195 hours and small mines would incur 60 hours. The total estimated cost would be $4,845 ($1,190 for small mines and $3,655 for large mines). Photocopying would cost about $0.25 per file.

All Mines

The net impact of this provision on all mines would be an annual burden of about 1,255 hours (755 at large mines; 500 at small mines) at a cost of about $23,690 ($14,130 at large mines; $9,560 at small mines).

Here are the burden calculations.

§ 62.210 Transfer of Records

Section 62.210(a) requires the operator to transfer all records required to be maintained by this part to a successor operator whenever an operator ceases to do business.

Metal/Nonmetal Mines

MSHA estimates that it would take a secretary, earning $16.16 per hour, an average of 0.25 hour for small mines to transfer records and one hour for a large mine. MSHA also estimates that 0.1 hour would be required per mine for the mine operator, earning $36.50 per hour, to provide instructions to the secretary. Annually, 5.8% of small metal/nonmetal mines and 1% of large metal/nonmetal mines close; this translates into 360 small mines and 10 large mines which would perform this task each year. The total estimated burden for metal and nonmetal mines would be 135 hours of which large mines would incur 10 hours and small mines would incur 125 hours. The total estimated cost would be about $2,950.

Coal Mines

The Agency estimates that it would take a secretary, earning $16.16 per hour, an average of 0.25 hour at a small mine to transfer records and one hour at a large mine. MSHA also estimates that 0.1 hour would be required per mine for the mine operator, earning $40 per hour, to provide instructions to the secretary. Annually, 12.5% of small coal mines and 4.7% of large coal mines close; this translates into 160 small mines and 40 large mines which would perform this task each year. The total estimated burden for coal mines would be 100 hours of which large mines would incur 40 hours and small mines would incur 60 hours. The total estimated cost would be about $2,090.

All Mines

The net impact of this provision on all mines would be an annual burden of about 235 hours (50 at large mines; 185 at small mines) at a cost of about $5,040.

Here are the burden calculations.

Summary

The following chart summarizes MSHA's estimates by section in tabular form. All numbers have been rounded.

Alternatively, the paperwork hours may be distributed between small and large mines. The following table provides this analysis.

The proposal would result in a decrease of 14,985 hours from the current paperwork requirements. Metal/nonmetal mines would spend an additional 73,755 hours but coal mines would use 88,740 fewer hours for compliance. The proposed rule would result in a net cost of $8.3 million.