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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules TABLE 12RECORDKEEPING BURDEN OF PROPOSED RULEContinued Burden hours
Hourly rate with Benefits
Hour burden cost $ Millions
Item description
3

Annual review, plan revision, and update due to changes in workplace activities.

5

5,027

25,135

65.10

1.6

3-Year Total
Annual Average

60
20

5,027
5,027

301,620
100,540

NA
NA

14.4
4.8

The information collection package for this proposal has been submitted to OMB for review under 44 U.S.C. 3504, paragraph c of the Paperwork Reduction Act of 1995, as amended.
Comments on the information collection requirements should be sent to both OMB and MSHA. Addresses for both offices can be found in the ADDRESSES
section of this preamble.
MSHA is soliciting comments concerning the proposed information collection related to written safety programs. MSHA is particularly interested in comments that address the following:
Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information has practical utility;
Evaluate the accuracy of MSHAs estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;
Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

MSHA estimates that there are 7,254
mines with five or fewer miners. The preliminary projected costs for this group of mines would add up to approximately undiscounted cost of $170 million over a ten-year period.
These mines would incur a start up cost of $ 64.6 million in the first year and an annual cost of $11.7 over the subsequent 9 years.
Based on the Agencys experience, MSHA concluded that a mine operator with five or fewer miners would generally have a limited inventory of surface mobile equipment. These operators would also have less complex mining operations, with fewer mobile equipment hazards that would necessitate a written safety program.
Also, at these small mines, safety can be communicated more effectively through face to face communication rather than in writing. Taken together, MSHA has determined that mine operators employing five or fewer miners would not be required to have a written safety program, although the Agency would assist these mine operators with promoting a safety culture in a variety of ways. Fuller discussions can be found in the Preliminary Regulatory Impact Analysis in the proposed rule docket at https www.regulations.gov/docket?D=
MSHA-2018-0016 and are posted on MSHAs website at https
www.msha.gov. MSHA also solicits comments on the Agencys determination.

Reform Act requires no further Agency action or analysis.

VII. Regulatory Alternative
VIII. Other Regulatory Considerations
MSHA considered requiring all mines, regardless of size, to develop and implement a written safety program for surface mobile equipment used at surface mines and surface areas of underground mines. Between 2013 and 2018, mines with five or fewer miners experienced 10 fatalities related to surface mobile equipment, whereas mines with six or more miners experienced 109 related fatalities during the same time period.
If those mines with five or fewer miners were required to develop and implement a written safety program, they would incur substantial costs.

A. The Unfunded Mandates Reform Act of 1995

Section 3 of E.O. 12988 contains requirements for federal agencies promulgating new regulations or reviewing existing regulations to minimize litigation by eliminating drafting errors and ambiguity, providing a clear legal standard for affected conduct rather than a general standard, promoting simplification, and reducing burden. MSHA has reviewed the proposal and has determined that it would meet the applicable standards provided in E.O. 12988 to minimize litigation and undue burden on the federal court system.

B. Procedural Details
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Hours per task
Respondents mines
Year
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The Unfunded Mandates Reform Act of 1995 Act 2 U.S.C. 1501 et seq.
requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by state, local, or tribal governments, in the aggregate, or by the private sector, of $100 million adjusted annually for inflation or more in any one year. This proposed rule would not result in such an expenditure.
Accordingly, the Unfunded Mandates
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B. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families Section 654 of the Treasury and General Government Appropriations Act of 1999 5 U.S.C. 601 note requires agencies to assess the impact of Agency action on family well-being. MSHA has determined that the proposal would not have an effect on family stability or safety, marital commitment, parental rights and authority, or income or poverty of families and children.
Accordingly, MSHA certifies that this proposed rule would not impact family well-being.
C. Executive Order 12630: Government Actions and Interference With Constitutionally Protected Property Rights Section 5 of E.O. 12630 requires federal agencies to identify the takings implications of final regulatory actions. . . . MSHA has determined that the proposal would not include a regulatory or policy action with takings implications. Accordingly, E.O. 12630
requires no further Agency action or analysis.
D. Executive Order 12988: Civil Justice Reform
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