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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules
evaluates the impacts on small entities by comparing the estimated compliance costs of a rule for small entities in the sector affected by the rule to the estimated revenues for the affected sector. As the threshold analysis is developed, MSHA considers the data availability as well as the degree of representativeness if the data is disaggregated. When estimated compliance costs are less than 1 percent of the estimated industry revenues, it is generally appropriate to conclude that there is no significant economic impact on a substantial number of small entities. MSHA examines data for the NAICS codes that have much higher impact ratios cost/revenue than others to ensure that the first level screening is representative. When estimated ratios may not be representative or when compliance costs exceed one percent of revenues, MSHA investigates whether further analysis is required.
For this analysis, MSHA evaluated a number of data sources related to the number of firms, employment, and revenue. MSHA concluded that the most useful data for firms and employment was the MNM mine data from MSIS, which is publicly available at https www.msha.gov/data-reports/
data-sources-calculators. Using the SBA
criteria see Table 11 and MSIS total average annual mine employment data
as provided by mine operators, MSHA
identified that 10,278 out of 12,281
mines and facilities are considered small and have usable data. MSHA
identified 533 other small mines that were not included in this analysis, because some had incomplete data, another had few production hours for the year intermittent mines, and others stopped production in 2018. Of those small mines and facilities, slightly more than one-third, 35 percent 3,557/10,278
small, would be required to comply with the provisions of the proposal because they employ six or more miners. Costs from the Compliance Costs section above were distributed using the SBA small and large sizes using the same methodology discussed in that section. The 65 percent of small mine operators that do not have to comply will have no cost.5
MSHA estimates mine revenue as it did in the past. Since MNM mines do not report production, MSHA used U.S.
Geological Commodity reports USGS, 2019 to obtain national MNM revenue numbers for 2018. MSHA allocated the NAICS code revenue for MNM mines on a dollar per hour basis. MSHA uses the mine operator-reported coal production and Energy Information Administration price per ton for anthracite, lignite, and bituminous coal for small mines.6

MSHA considered the issue of disaggregation of summary data and displaying representative data for mines with only five or fewer miners. The revenue per hour for MNM mines and per ton for coal is representative for the total as most mines meet the SBAs small criteria. However, MSHA believes it is unlikely to be representative for the smallest mines. MSHA requests comments and data that would assist MSHA in estimating representative revenues for the categories of six or more, and five or fewer, miners.
Table 11 shows the estimated revenues, costs, SBA size standards Feb. 2019, and the summary level screening test results for the total small mine revenue for each 6-digit NAICS
code. The summary level data is consistent with evaluating the impact on a mine-by-mine basis without providing detail on all mines. The data allows each operator to use the Table 11
data to compare the revenue per mine and cost per mine to their operating data. However, the revenue for incomplete data was less than 1 percent of total revenues. It is therefore small enough not to affect MSHAs decision to propose to certify that there would be no significant economic impact on a substantial number of small entities.

TABLE 11SUMMARY OF SMALL BUSINESS SCREENING DATA
Revenues and costs in $ millions NAICS description
212111

Bituminous Coal and Lignite Surface Mining.
Bituminous Coal Underground Mining
Anthracite Mining
Iron Ore Mining
Gold Ore Mining
Silver Ore Mining
Copper, Nickel, Lead, and Zinc Mining
Uranium-Radium-Vanadium Ore Mining
All Other Metal Ore Mining
Dimension Stone Mining and Quarrying
Crushed and Broken Limestone Mining and Quarrying.
Crushed and Broken Granite Mining and Quarrying.
Other Crushed and Broken Stone Mining and Quarrying.
Construction Sand and Gravel Mining
Industrial Sand Mining
Kaolin and Ball Clay Mining
Clay and Ceramic and Refractory Minerals Mining.
Potash, Soda, and Borate Mineral Mining Phosphate Rock Mining
Other Chemical and Fertilizer Mineral Mining.
All Other Nonmetallic Mineral Mining
Spice and Extract Manufacturing
Cement Manufacturing

212112
212113
212210
212221
212222
212230
212291
212299
212311
212312

212313
212319
212321
212322
212324
212325

lotter on DSK11XQN23PROD with PROPOSALS1

Small standard max. no. of employees
NAICS
Code

212391
212392
212393
212399
311942
327310

5 Those 533 mines excluded from this analysis are mines with 1 to 5 miners, which are not subject to the proposed rule.

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Number of small mines
Estimated revenues all small mines
One percent of revenues
Frm 00025

Cost exceeds one percent
1,250

611

$9,325

$93.25

$4.48

No.

1,500
250
750
1,500
250
750
250
750
500
750

148
117
21
122
5 27
4 17
772
1,318

4,386
189
999
2,332
99
2,780
0 419
438
6,459

43.86
1.89
9.99
23.32
0.99
27.80
0.00
4.19
4.38
64.59

0.33
0.38
0.16
0.63
0.01
0.31
0.01
0.13
3.15
7.64

No.
No.
No.
No.
No.
No.
Yes.
No.
No.
No.

750

138

1,135

11.35

0.97

No.

500

874

1,732

17.32

3.52

No.

500
500
750
500

5,326
249
7 198

6,796
4,231
620
766

67.96
42.31
6.20
7.66

12.77
1.34
0.05
0.78

No.
No.
No.
No.

750
1,000
500

9
8 44

909
969
1,541

9.09
9.69
15.41

0.05
0.16
0.28

No.
No.
No.

500
500
1,000

181
3 40

957
920
4,501

9.57
9.20
45.01

0.89
0.02
0.43

No.
No.
No.

6 https www.eia.gov/coal/annual/archive/0584_
2018.pdf, p. XVII

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Costs to all small mines
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