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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules TABLE 11SUMMARY OF SMALL BUSINESS SCREENING DATAContinued Revenues and costs in $ millions Small standard max. no. of employees
Estimated revenues all small mines
Number of small mines
One percent of revenues
Costs to all small mines
Cost exceeds one percent
NAICS
Code
NAICS description
327410
331313

Lime Manufacturing
Alumina Refining and Primary Aluminum Production.

750
1,000

31
6

1,350
3

13.50
0.03

0.24
0.04

No.
Yes.

Grand Total

10,278

53,856

538.56

38.77

No.

Note: Total number of small mines includes two mines that were not reported as abandoned but lacked hours and sufficient information to assign revenues. Without miner hours, costs and revenues related to the NAICS codes above are most likely zero.

As Table 11 shows, the total estimated cost to small mines, $38.77 million, is far less than 1 percent of the total revenues of those mines, which comes to $538.56 million. Two NAICS codes, 331313 Alumina Refining and Primary Aluminum Production and 212291
Uranium Radium Vanadium Ore Mining, require further analysis, because estimated costs for those codes exceed MSHAs 1-percent threshold for additional analysis. The Census Bureaus Statistics of U.S. Businesses and 2017 Economic Census data provides helpful information for additional analysis of NAICS code 331313. The Census Bureau reports that all data for the 212291 NAICS has been withheld due to the very limited number of mines. The six mines and plants regulated by MSHA with NAICS
code 331313 are only a portion of the larger group of all firms with NAICS
code 331313. The preliminary data from the Economic Census as shown in the Bureaus data does not provide enough detail to separate small firms between 500 and 1,000 employees from their total for 500 and more employees or to isolate mines from all firms with NAICS
code 331313.7
For NAICS code 331313, MSHAs estimate for the total costs for the small firms that it regulates within the code is $38,500. The Economic Census reports that the smallest firms for this NAICS
have preliminary receipts of $9.3
million. The impact for the smallest firms would be only 0.4 percent
$38,500/$9,300,000. The overall percentage impact to small firms goes down as the revenues increase for the rest of the firms up to the SBA threshold of 1,000 employees. Although the Economic Census numbers are for 2017, information available online provided by a private firm SICCODE.com https
siccode.com/naics-code/331313/
alumina-refining-primary-aluminumproduction, suggests that the number of firms 26 and total revenues $3 billion are down slightly for 2018 but not enough to alter MSHAs conclusion that there is no significant impact for small firms with this NAICS code.
For Uranium and Vanadium, the mines were rarely in production in 2018. Several web sources suggest that as uranium approaches or maintains zero production, the Vanadium mines have the potential for growth for use in steel and battery production; thus, nonproducing mines are maintained for this possibility. Because no recent data are available regarding the remaining establishments, their total employment, their revenues or costs, it is not possible to compute the impact beyond the total cost for the NAICS code 212291 which is slightly more than $14,000.
Considering that the firms owning the limited number of mines are maintaining the mines for future possibilities, it is unlikely that this low cost would impact their decision whether to close. MSHA invites comments and data that might improve this conclusion and analysis.

VI. Paperwork Reduction Act of 1995
A. Summary This proposal would create new information collection burdens for the mining community. The new burden applies only to mine operators with six or more miners. As stated in the proposal, mine operators would have wide latitude to develop and implement a written safety program. Mine operators could also consult or use examples of model written safety programs available on MSHAs website. MSHA recognizes that this proposal could transfer burden from or add burden to existing information collections such as those related to training or equipment maintenance. However, MSHA is requesting a new OMB Control Number until the Agency determines how the burden under this proposal would affect MSHAs existing information collections. Using the data from the E.O.
12866 analysis, MSHA estimates that 5,027 respondents mine operators employing six or more miners would incur an average annual collection burden of 5,027 responses, 100,540
hours, with an annual burden cost estimate of $4.8 million. The MSHA
enforcement staff would not review all written programs, but any program review would be part of routine mine inspections and therefore there is no new federal cost. Table 12 shows the anticipated first three years of collection burden.

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TABLE 12RECORDKEEPING BURDEN OF PROPOSED RULE
Year
Item description
1
1

Development of a written safety program
Clerical assistance to finalize written program.
Annual review, plan revision, and update due to changes in workplace activities.

2

Hours per task
Respondents mines
Burden hours
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Hour burden cost $ Millions
20
30

5,027
5,027

100,540
150,810

$65.10
31.46

$6.5
4.7

5

5,027

25,135

65.10

1.6

7 See https www2.census.gov/programs-surveys/
susb/tables/2017/us_6digitnaics_2017.xlsx for the available data.

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