Proposed Rule2025-12231
Training and Retraining of Miners
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
MSHA proposes to revise its regulations to eliminate provisions that allow District Managers to require changes in, or additions to, training programs. The current regulations appear to violate statutory authority; the Appointments Clause, by vesting significant regulatory authority in District Managers; and the Administrative Procedure Act (APA), by skipping notice and comment related to undesignated and unpredictable requirements.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28383-28390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12231]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 48
[Docket No. MSHA-2025-0085]
RIN 1219-AC19
Training and Retraining of Miners
AGENCY: Mine Safety and Health Administration (MSHA), Department of
Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: MSHA proposes to revise its regulations to eliminate
provisions that allow District Managers to require changes in, or
additions to, training programs. The current regulations appear to
violate statutory authority; the Appointments Clause, by vesting
significant regulatory authority in District Managers; and the
Administrative Procedure Act (APA), by skipping notice and comment
related to undesignated and unpredictable requirements.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: All submissions must include RIN 1219-AC19 or Docket No.
MSHA-2025-0085. You should not include personal or proprietary
information that you do not wish to disclose publicly. If you mark
parts of a comment as ``business confidential'' information, MSHA will
not post those parts of the comment. Otherwise, MSHA will post all
comments without change, including any personal information provided.
MSHA cautions against submitting personal information.
You may submit comments and informational materials, clearly
identified by RIN 1219-AC19 or Docket No. MSHA-2025-0085, by any of the
following methods:
1. Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the online instructions for submitting comments for MSHA-2025-0085. A
brief summary of this document will be available at <a href="https://www.regulations.gov/docket/MSHA-2025-0085">https://www.regulations.gov/docket/MSHA-2025-0085</a>.
2. Email: <a href="/cdn-cgi/l/email-protection#dca6a6918f949df1bfb3b1b1b9b2a8af9cb8b3b0f2bbb3aa"><span class="__cf_email__" data-cfemail="b8c2c2f5ebf0f995dbd7d5d5ddd6cccbf8dcd7d496dfd7ce">[email protected]</span></a>. Include ``RIN 1219-AC19'' in the
subject line of the message.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
to make an appointment.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA at 202-693-9440
(voice). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, ``[e]ach operator of a coal or other mine shall have a
health and safety training program which shall be approved by the
Secretary.'' 30 U.S.C. 825(a). Further, by statute, the Secretary of
Labor must set out ``mandatory health or safety standards for the
protection of life and prevention of injuries in coal or other mines.''
30 U.S.C. 811(a).
MSHA has adopted regulations to implement 30 U.S.C.825(a) to
include the mandatory requirements for submitting and obtaining
approval of programs for training and retraining miners working in
underground mines. 30 CFR 48.1. Each mine operator must ``have an MSHA
approved plan containing programs for training new miners, training
experienced miners, training miners for new tasks, annual refresher
training, and hazard training for miners. . . .'' 30 CFR 48.3(a).
MSHA regulations also set out detailed criteria for the information
required in training programs. For example, each operator must submit
``the name and position of the person designated by the operator who is
responsible for health and safety training at the mine.'' 30 CFR
48.3(c)(2). ``The operator shall furnish to the representative of the
miners a copy of the training plan two weeks prior to its submission to
the District Manager.'' 30 CFR 48.3 (d). ``The training shall include
instruction in the health and safety aspects and the safe operating
procedures related to the assigned tasks, including information about
the physical and health hazards of chemicals in the miner's work area,
the protective measures a miner can take against these hazards, and the
contents of the mine's HazCom program.'' 30 CFR 48.7(a)(1). ``The
annual refresher training program for all miners shall include the
following courses of instruction: Mandatory health and safety standard;
Transportation Controls and communication systems; Barricading; Roof or
ground control, ventilation, emergency evacuation and firefighting
plans; First aid, Electrical hazards; Prevention of accidents; Self-
rescue and respiratory devices; Explosives; Mine gases, Health.'' 30
CFR 48.8(b)(1)-(11).
The regulations also include detailed requirements for instruction
including, for example, hazard recognition and avoidance; emergency and
evacuation procedures; health and safety standards, safety rules, and
safe working procedures; and use of self-rescue and respiratory
devices. 30 CFR 48.11(a)(1)-(4). Miners must receive instruction on
these subjects ``at least once every 12 months.'' 30 CFR 48.11(b). The
training and retraining plan has the force and effect of ``law'' at the
mine. The mine may be cited for violation of the training and
retraining plan and mine personnel may be held personally liable,
civilly and criminally for violations of the training and retraining
plan.
[[Page 28384]]
Various regulations in Part 48 also give the District Manager broad
authority to add regulatory requirements to the training plan, which
are neither described, nor required, by regulations or 30 U.S.C. 825.
Specifically, several regulations currently state, without limitation,
that mine operators must include in the training and retraining plan
``[s]uch other courses as may be required by the District Manager based
on circumstances and conditions at the mine.'' 30 CFR 48.5(b)(14),
48.6(b)(13), 48.8(b)(12), 48.7(a)(4), 48.11(a)(5), 48.25(b)(13),
48.26(b)(12), 48.27(a)(4), 48.28(b)(11) and 48.31(a)(5). Moreover, 30
CFR 48.3 provides: ``If it is deemed necessary, the District Manager
may require changes in, or additions to, programs.'' 30 CFR 48.3.
II. Discussion
MSHA is proposing to remove the power of District Managers to
require additional courses to training and retraining plans, beyond the
criteria set out in 30 U.S.C. 825, and 30 CFR part 48. MSHA has
reevaluated its regulations and tentatively concluded that the
significant authority and discretion granted to District Managers in 30
CFR 48.5(b)(14), 48.6(b)(13), 48.8(b)(12), 48.7(a)(4), 48.11(a)(5),
48.25(b)(13), 48.26(b)(12), 48.27(a)(4), 48.28(b)(11), 48.31(a)(5) and
30 CFR 48.3. to require undesignated additions to training plans,
violates 30 U.S.C. 825, the Appointments Clause and the APA.
While mine operators are required by statute to prepare and submit
``training plans,'' and while MSHA has promulgated regulations setting
forth specific contents and requirements for training plans, nothing in
the plain text of the underlying statutes, including 30 U.S.C. 825 and
30 U.S.C. 811(a), can be read to permit the unfettered addition of
``[s]uch other courses as may be required by the District Manager based
on circumstances and conditions at the mine'' or undesignated additions
to the safety training programs, simply because they are deemed
necessary by the District Manager. This lack of statutory authority is
contrary to Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024)
and is an adequate reason to rescind these regulatory clauses.
Government officials that exercise significant discretion when
carrying out important functions are officers of the United States, and
thus subject to the Appointments Clause. See Lucia v. SEC, 585 U.S.
237, 248 (2018); U.S. Const. Art. II, Sec. 2, cl. 2. Under Sec. Sec.
48.5(b)(14), 48.6(b)(13), 48.7(a)(4), 48.25(b)(13), 48.26(b)(12), and
48.27(a)(4), District Managers are granted nearly unlimited discretion
to add additional courses to training and retraining plans as they deem
appropriate. Accordingly, because District Managers are not appointed
pursuant to the Appointments Clause, that substantial authority is
unlawful.
Independently, the significant discretion in Sec. Sec. 30 CFR
48.5(b)(14), 48.6(b)(13), 48.8(b)(12), 48.7(a)(4), 48.11(a)(5),
48.25(b)(13), 48.26(b)(12), 48.27(a)(4), 48.28(b)(11) and 48.31(a)(5)
appear to violate the APA. The authority given to District Managers to
add courses essentially amounts to the unfettered ability to draft and
create ``laws'' which are civilly and criminally enforceable, without
bicameral presentment, and without notice and comment rulemaking.
Various statutory provisions, including 30 U.S.C. 811 and 825 give the
Secretary authority to issue health and safety regulations for mines
including requirements for mines to have a health and safety training
program which must be approved by the Secretary. When these regulations
are substantive rules, with ``general or particular applicability and
future effect designed to implement, interpret, or prescribe law or
policy,'' 5 U.S.C. 551(4), they are subject to the notice and comment
process. MSHA must present the rulemaking to the public for comment,
then issue a final rule responding to any comments. See 5 U.S.C. 553.
30 CFR 48.5(b)(14), 48.6(b)(13), 48.7(a)(4), 48.25(b)(13),
48.26(b)(12), 48.27(a)(4) and 48.28(b)(1)(11) skip this process
entirely when they vest District Managers with the authority to require
undesignated training plan provisions. The District Manager, by adding
additional courses for training and retraining plans, is promulgating
new substantive rules of particular applicability, without any of the
necessary process. Thus, Sec. Sec. 30 CFR 48.5(b)(14), 48.6(b)(13),
48.8(b)(12), 48.7(a)(4), 48.11(a)(5), 48.25(b)(13), 48.26(b)(12),
48.27(a)(4), 48.28(b)(11) and 48.31(a)(5) appear to violate the APA.
MSHA seeks comment on any aspects of this proposed rule, including
the statutory authority, appointments clause issues and APA
requirements, and the costs and benefits of the District Manager's
vague authority.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and 13563
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
58 FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted
by law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR
3821 (Jan. 21, 2011), requires agencies to use the best available
techniques to quantify anticipated present and future benefits and
costs as accurately as possible. E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for improvements in the nation's regulatory
system to promote predictability, reduce uncertainty, and use the best,
most innovative, and least burdensome tools for achieving regulatory
ends.
E.O. 12866 and E.O. 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Background
The proposed rule would apply to all underground and surface mines.
The existing rule allows the District Manager to add courses as deemed
necessary and not specified in statute or regulations to training and
retraining programs, while the proposed rule would rescind the power of
District Managers to do so. The proposed change would decrease the
burden currently faced by mine operators of having to add extra courses
not specified in the statute or regulations to their training programs
when required by the District Manager.
On average each year, MSHA reports that there are 1,719 underground
mines that employ 97,158 miners (excluding office employees).
Additionally, there are 3,213 contractor companies that employ 45,867
miners who work at
[[Page 28385]]
underground mines. For surface mines, there are 11,969 mines that
employ 151,322 miners (excluding office employees). Additionally, there
are 5,496 contractor companies that employ 78,552 miners who worked at
surface mines. Therefore, MSHA estimates that there would be each year
a total of 4,932 underground mines/contractor companies employing
143,025 underground miners, and 17,465 surface mines/contractor
companies employing 229,874 surface mining workers be impacted by this
proposed rule.\1\ All estimated figures below are expressed in 2024
dollars.
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\1\ Number of mines inspected at least once in 2024 and the
mine's current status is listed as active, intermittent, or
nonproducing active on April 14, 2025.
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Under the baseline scenario mine operators would continue their
current practice of making changes to their training programs as deemed
necessary by their District Manager, not required elsewhere in existing
regulations. Under the proposed rule mine operators would no longer
need to add courses as deemed necessary by the District Manager and not
specified in statute or regulations to training and retraining
programs.
Benefits
Under this proposed rule mine operators would no longer be required
to make additional changes to their training programs at the discretion
of the District Manager. This change does not impact the existing
requirements for the training programs that mine operators are required
to implement. This action will remove improper regulatory burden from
and reduce arbitrary and unforeseen demands on mine operators.
The benefits associated with the proposed rule cannot be easily
quantified due to existing information gaps and challenges with
quantifying the incremental shifts in costs and benefits under the
proposed rule. However, benefits are discussed in a qualitative manner
as described below. The potential benefits of the proposed rule
include:
(1) reduced production delays for mines--faster plan approval can
enable earlier initiation or resumption of mining operations, reducing
downtime, and increasing operational efficiency;
(2) improved resource allocation--predictable and consistent plan
requirements reduce the need for mine operators to hire consultants or
devote engineering resources to anticipate or respond to unpredictable
District Managers' additional criteria;
(3) regulatory certainty--by aligning plan requirements strictly
with the regulations, operators can better plan capital expenditures,
staffing, and compliance investments, improving long-term planning and
cost efficiency;
(4) increased domestic energy production--more predictable plan
approval processes may allow mines to optimize coal output, supporting
national energy goals and supply chain stability; and;
(5) prevents unauthorized rulemaking--preventing extra-statutory,
unaccountable and unauthorized rulemaking restores confidence in the
administrative process.
MSHA requests public comments on potential benefits associated with
this proposed rule.
Cost Savings
MSHA estimates that mine operators would accrue a cost reduction
from no longer having to add courses or subjects, not specifically
identified in the standard, to training programs at the request of the
District Manager. The Agency estimates that each year 351 new training
plans and 140 revised training plans are submitted to MSHA. Of which,
50 percent (246 \2\ new and revised plans) would need to be revised
specifically at the discretion of the District Manager. MSHA requests
comments on the estimated number of plans that would be impacted by
this proposal.
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\2\ 246 = (351 new training plans + 140 revised training plans)
x 50% (Rounded).
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MSHA used data from the May 2024 Occupational Employment and Wage
Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for
hourly wage rates \3\ and adjusted the rates for benefits,\4\ wage
inflation,\5\ and overhead costs.\6\ The analysis period is 10 years.
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\3\ To obtain OEWS data, follow BLS's directions in its
Frequently Asked Questions: ``E. How to get OEWS data. 4. What are
the different ways to obtain OEWS estimates from this website?'' at
<a href="https://www.bls.gov/oes/oes_ques.htm">https://www.bls.gov/oes/oes_ques.htm</a>.
\4\ The benefit multiplier comes from BLS Employer Costs for
Employee Compensation accessed by menu at <a href="http://data.bls.gov/cgi-bin/srgate">http://data.bls.gov/cgi-bin/srgate</a> or directly at <a href="http://download.bls.gov/pub/time.series/cm/cm.data.0.Current">http://download.bls.gov/pub/time.series/cm/cm.data.0.Current</a>. Insert the data series CMU2030000405000D and
CMU2030000405000P, Private Industry Total benefits for Construction,
extraction, farming, fishing, and forestry occupations, which is
divided by 100 to convert to a decimal value. MSHA uses the latest
4-quarter moving average 2024Q1-2024Q4 to determine that 31.2
percent of total loaded wages are benefits. MSHA computes the
benefit multiplier with a number of detailed calculations, but it
may be approximated with the formula 1 + (benefit percentage/(1-
benefit percentage)). The benefit multiplier is 1.453 = 1+(0.312/(1-
0.312)).
\5\ Wage inflation is the change in Series ID:
CIS2020000405000I; Seasonally adjusted; Series Title: Wages and
salaries for Private industry workers in Construction, extraction,
farming, fishing, and forestry occupations, Index. (<a href="https://data.bls.gov/cgi-bin/srgate">https://data.bls.gov/cgi-bin/srgate</a>; Inflation Multiplier = (Current Quarter
Cost Index Value/OEWS Wage Base Quarter Index Value). The inflation
multiplier is determined by using the employment price index from
the most current quarter, 2024Q4, divided by the base year and
quarter of the OEWS employment and wage statistics, 2024Q2. The
inflation multiplier is 1.022 = 166.7/163.1.
\6\ MSHA uses an overhead rate of 17 percent. This overhead rate
is based on a 2002 EPA report by Cody Rice, ``Wage Rates for
Economic Analysis of the Toxics Release Inventory Program'',
available at <a href="https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0387-0064">https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0387-0064</a>.
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The cost savings generated by the proposed rule consists of the
following:
1. Revising Training Plans Required by the District Manager
MSHA assumes that under the baseline each year there are 246 new
and revised training plans that are revised at the District Managers
discretion. MSHA estimates that it takes a mine supervisor, earning
$82.31 per hour, 1 hour to make the requested revisions. Under the
proposed rule these revisions would no such revisions, creating an
annual cost saving of $20,248.\7\
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\7\ $20,248 = 246 revisions x $82.13 per hour x 1 hour.
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2. Providing Copies of Revised Plans to Miners, Their Representatives,
or Posting at the Mine Sites After District Manger's Requirements
MSHA assumes mine operators provide miners or their representatives
with one copy of the training plan at each stage of the approval
process. Currently, the mine operator needs to provide a copy of the
plan to miners or their representatives prior to submitting it to the
District Manager for approval and another copy after the plan is
approved. Under the baseline, if the District Manager requires
revisions, mine operators would have to provide a further copy before
resubmitting the plan to the District Manager, after the requested
changes have been made. Under the proposed rule mine operators would
still need to provide a copy of the training plan to miners or their
representatives before submission to MSHA and after MSHA approval.
However they would no longer be resubmitting them in order to address
the District Manager's requirements, and would thus no longer need to
provide a copy before that resubmission.
MSHA estimates that it takes a clerk, earning $45.33 per hour, 5
minutes to generate a copy of the training plan, provide it to miners
or their representatives, or post it on the mine's bulletin boards.
Under the proposed rule, this step would not be necessary
[[Page 28386]]
for the 246 plans that would have to be revised at the District
Manager's distraction. Thus, the required time would be reduced by 20.5
\8\ hours and there would be an annual cost saving of $929.\9\
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\8\ 20.5 hours = 5 minutes per plan x 246 plans.
\9\ $929 = 20.5 hours x $45.33 per hour.
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MSHA also assumes that an average copy would have a materials cost
of $0.50. The proposed rule would reduce mine operators' costs by $123
\10\ per year by no longer requiring them to provide physical copies of
training plans that have been revised as requested by the District
Manager.
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\10\ $123= $.50 cost per copy x 246 plans.
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3. Copying and Mailing Training Plans
In the process of submitting training plans to MSHA, the operator
is expected to incur a cost to mail in any physical new plans or
revisions. Under the baseline, MSHA assumes that 65 percent of plans
and plan revisions are submitted to MSHA electronically and have no
associated copying or mailing costs. The remaining 35 percent would be
mailed in. This translates to 86 of the 246 \11\ plans that are revised
at the District Manager's request. At a cost of $2 per plan for copying
and mailing, by removing this requirement regarding the District
Manager, would lead to a cost saving of $172 \12\ every year.
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\11\ 86 mailed plans = 246 plans x 35 percent (Rounded).
\12\ $172 = 86 mailed in training plan revisions x $2 mailing
cost per revision.
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Summary
Removing the provisions concerning District Manager requirements
for training programs would result in cost savings to mine operators
through avoided revisions to training plans that would have been
requested by the District Manager under the existing regulation. Under
the proposed rule, incremental cost savings are estimated at $0.213
million over 10 years undiscounted. These cost savings include no
longer revising training plans to meet non-statutory or regulatory
requirements imposed by the District Manager, providing copies of
revised plans to miners and their representatives, and the avoided
costs of copying and mailing revised training plans. For this proposed
rule, the Agency estimates that the annualized cost saving across the
three discount rates of 0 percent, 3 percent, and 7 percent would be
$21,473.
While the potential cost savings are quantified, potential benefits
such as reduced production delays, improved resource allocation,
regulatory certainty, and increased domestic energy production, ore and
minerals production, and unauthorized rulemaking are addressed
qualitatively. More efficient approval of training plans is expected to
result in other cost savings, including earlier initiation (or
resumption) of production and revenue due to simplified plan and
amendment approvals, lower costs associated with subject matter expert
consultants and trainers hired by mine operators in response to
unanticipated Agency requirements, and other efficiencies generated by
increased regulatory predictability resulting from this action.
Benefits of the proposed rule could also result from a more efficient
Agency review and approval of training plans for mines. Mine operators
are expected to benefit from the proposed rule that clarifies the
information and provisions required in training plans. This is expected
to help ease operator confusion regarding what content is required when
developing training plans for MSHA approval and to result in an
increase in the time value of revenues generated by mine production.
Another potential benefit to the public is the increased opportunity to
improve production of ore and minerals, including critical minerals,
and coal which would improve American energy production. The proposed
rule is deregulatory because it reduces qualitative burdens for mine
operators. Additionally, the Agency's experience supports further cost
savings that are not yet quantified.MSHA requests comments on potential
disbenefits or costs associated with this proposed action.
Significance Determination
Under section 6(a) of E.O. 12866, the Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA)
determines whether a regulatory action is significant and whether
Agencies are required to submit the regulatory action to OIRA for
review. Under section 3(f) of E.O. 12866, a ``significant regulatory
action'' is a regulatory action that is likely to result in a rule that
may:
(1) have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or communities
(also referred to as economically significant);
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of
recipients; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
OIRA has determined that the proposed rule constitutes a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, it will be reviewed by OMB.
No alternatives are considered for this proposed deregulatory
action. MSHA requests public comments on alternatives to this proposal
within the Agency's authority that would generate similar or greater
benefits.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996,
requires preparation of an Initial Regulatory Flexibility Analysis
(IRFA) for any rule that, by law, must be proposed for public comment,
unless the agency certifies that the rule, if promulgated, will not
have a significant economic impact on a substantial number of small
entities. The RFA defines small entities to include small businesses,
small organizations, including not-for-profit organizations, and small
governmental jurisdictions.
Under the RFA, MSHA uses the Small Business Administration's (SBA)
definition to set thresholds for small business sizes for the mining
industry defined at the 6-digit North American Industry Classification
System (NAICS) level. For MNM mines the thresholds range from 500-1,500
employees depending on the specific commodity. For underground coal
mines the threshold is 1,500 employees, and for surface coal mines the
threshold is 1,250 employees. MSHA estimates that there are 5,984 small
mines, including 5,232 small MNM mines and 752 small coal mines.
MSHA estimates the total annual revenues for MNM commodities to be
$105.6 billion. This was calculated using the 2024 production values
for all metal and industrial minerals reported in U.S. Geological
Survey' Mineral Commodity Summaries 2025 Report. Using MSHA internal
data the agency estimates that $44.0 billion of total revenues were
generated by small MNM mines.
MSHA evaluated data routinely provided by mine operators related to
the number of mines, employment, and production from MSHA's
Standardized Information System (MSIS) for underground coal mines. MSHA
[[Page 28387]]
calculated revenue as production times the average price of coal. Using
internal data, MSHA estimates that small coal mines produce roughly
92.1 million tons of coal annually. Using U.S Energy Information
Administration Annual Coal Report 2023 Table 28, Average Sales Price of
Coal by State and Mine Type, the average coal price for was $54.04 per
short ton in 2023. The price was then adjusted to 2024 dollars using
CPI-U, $55.63 per short ton, to estimate that national coal revenues
generated by small coal mines of $5.1 billion in revenue.
MSHA assesses the impacts on small entities by comparing the
estimated costs, in this case cost saving, of the proposed rule on
small entities affected by the rule to the estimated revenues for those
small entities. When estimated compliance costs are less than 1 percent
of the estimated revenues, the Agency believes it is generally
appropriate to conclude that there is no significant economic impact on
a substantial number of small entities. When estimated compliance costs
exceed 1 percent of revenues, MSHA investigates whether further
analysis is required. The impact of the proposed rule, as a percentage
of revenues, is essentially zero: for small mine operators the total
annualized cost is estimated to be $21,473, while their annual revenue
is estimated at $49.1 billion (MNM and coal mines combined), resulting
in the ratio of 0.00004 percent. This proposed rule has little impact
on revenues for small mine operators. Thus, no further analysis is
required.
MSHA considered the compliance costs on small mines when developing
the proposed rule and reviewed this proposed rule under the provisions
of the RFA. The proposed rule eliminates burdensome regulations and
results in cost savings of less than 1 percent of annual revenues.
Therefore, MSHA certifies that the proposed rule would not have a
`significant economic impact on a substantial number of small
entities'. MSHA will transmit this certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
provides for the Federal Government's collection, use, and
dissemination of information. The goals of the Paperwork Reduction Act
include minimizing paperwork and reporting burdens and ensuring the
maximum possible utility from the information that is collected under 5
CFR part 1320. The Paperwork Reduction Act requires Federal agencies to
obtain approval from the Office of Management and Budget (OMB) before
requesting or requiring ``a collection of information'' from the
public.
Background
By no longer requiring mine operators to add courses to training
plans at the sole discretion of the District Manager this proposed rule
imposes no new information or record-keeping requirements. It does
result in substantive changes to a currently approved information
collection request, OMB Control Number 1219-0009 ``Training Plans and
Records of Training for Underground Miners and Miners Working at
Surface Mines and Surface Areas of Underground Mines.''
Summary of Changes
On average, MSHA estimates that under the proposed rule that
annually there would be 1,719 underground mines employing 97,158 miners
(excluding office employees). Additionally, MSHA estimates that there
would be 3,213 contractor companies employing 45,867 miners who work at
underground mines. For surface mines, MSHA estimates that there would
be 11,969 mines employing 151,322 miners (excluding office employees).
Additionally, MSHA estimates that there would be 5,496 contractor
companies employing 78,552 miners who worked at surface mines.
Therefore, MSHA estimates that there would be each year a total of
4,932 underground mines/contractor companies employing 143,025
underground miners, and 17,465 surface mines/contractor companies
employing 229,874 surface mining workers be impacted by this proposed
rule, totaling 22,397 operations employing 372,899 miners.
The number of respondents, frequency of response, annual hour
burden, and recordkeeping cost are described below.
1. Developing and Revising Training Plans (30 CFR 48.3 and 48.23)
Under 30 CFR 48.3 and 48.23, underground and surface mine operators
are required to have an MSHA-approved training plan. When new task
training is required, mine operators must revise their training plan to
include each new task. This revision must include a complete list of
task assignments, the titles of personnel conducting the training, the
outline of training procedures used, and the evaluation procedures used
to determine the effectiveness of the training.
MSHA assumes 491 training plan submissions annually, including 351
new training plans and 140 revised training plans. MSHA estimates that
35 percent of the new training plans (123 plans) will be submitted by
paper and 65 percent (228 plans) electronically. MSHA assumes that the
District Manager requires revisions for 246 training plans including
new and revised plans.
The plans are usually prepared by mine operator personnel. Although
the burden on the mine operator is dependent to some degree upon a
particular mine's size, MSHA estimates that on average it takes a mine
safety specialist, earning $78.46, 8 hours to prepare and submit a new
paper plan, 2.25 hours to complete a new plan online, and 1 hour to
revise any existing plan.
This proposed rule would decrease the burden related to developing
and revising training plans as requested by the District Manager. There
would be a decrease the number of new plans from 351 to 175 and the
number of revised plans would drop from 140 to 70, which corresponds to
a decrease of time burden of 815 hours. This proposed rule would result
in a reduction of information collection costs. The annual number of
respondents would decrease from 491 to 245, the annual number of
responses would decrease from 491 to 245, the annual burden hour would
decrease from 1,637 to 815 hours, and the annual recordkeeping cost to
respondents would remain unchanged at $0 to develop and revise training
plans.
2. Providing Copies of Training Records to Miners--MSHA Form 5000-23
(30 CFR 48.9 and 48.29)
Under 30 CFR 48.9 & 48.29, upon a miner completing each MSHA-
approved training program, the operator must record and certify that
the miner has received the specified training. The mine operator uses
MSHA Form 5000-23, Certificate of Training, to record and certify that
the miner has received the specified training. The form is completed by
the instructor after the completion of each training program. All
training courses completed within the miner's 12-month training cycle
may be recorded on one form, including the courses required by the
District Manager.
A copy of the form is given to the miner at the end of the 12-month
cycle. Additionally, a copy of the form is given to the miner after the
completion of a training program at the miner's request.
[[Page 28388]]
MSHA assumes that the copies of these training certificates are
provided electronically to miners and that operators incur no cost
associated with producing copies of training certificates.
MSHA estimates that 45 percent of the miners' training (64,361 out
of 143,025 miners) is conducted by an employee of the mine operator.
Another 25 percent of the training (35,776 miners) is conducted by
independent training contractors hired by the mine operator. The
remaining 30 percent of the training is conducted by State trainers
funded by sources that include Federal grants and incur no cost to main
operators.
Although all the training completed by a miner within a one-year
period may be recorded on one form, training specialists estimate that
for each miner, 2 forms will probably be completed annually. If the
training program is conducted by an employee of the mine operator, MSHA
estimates that it takes a safety specialist, earning $78.46 per hour, 5
minutes to prepare and complete the form. If the training is conducted
by independent training contractors hired by the mine operator, MSHA
estimates that it takes a safety specialist, earning $69.32 per hour, 5
minutes to prepare and complete the form.
The proposed rule does not impact this information collection cost.
The number of annual respondents would remain 64,361 miners trainer is
a mine employee, the annual number of responses is 128,722 (2 forms per
respondent), the annual burden hours is 10,727, and the annual
recordkeeping cost to respondents is $413,101.
3. Providing Copies of Plans to Miners, Their Representatives, or
Posting at the Mine Bulletin Boards (30 CFR 48.3 and 48.23)
Under 30 CFR 48.3 & 48.23, the operator is required to provide the
representative of the miners a copy of the training plan or post a copy
on the mine bulletin board at different stages of a plan: before its
submission to the District Manager, after MSHA approval, and MSHA
revisions and decision.
MSHA estimates that each year under the proposed rule there are 175
new training plans and 70 revised training plans are submitted. MSHA
assumes an operator would produce one copy of the training plan on
average at each stage of the plan. MSHA estimates that it takes a
clerk, earning $45.33 per hour, 5 minutes to provide a copy of the
training plan or post a copy on the mine bulletin board. Each of these
copies is estimated to cost $0.50 to make. Using the above parameters
from rescinding the power of the District Manager, the number of annual
respondents would decrease from 491 to 245, the number of annual
responses decreases from 842 to 420, and the annual burden hours would
decrease from 70 to 35, and the associated annual recordkeeping cost to
respondents decreases from $421 to $123.
4. Copying and Mailing Training Plans to MSHA (30 CFR 48.3 and 48.23)
The operator is also expected to incur a cost to produce one copy
of the training plans prior to submission to MSHA, after MSHA approval,
and MSHA revisions and decision. Operators also need to provide the
representative of the miners a copy of the training plan or post a copy
on the mine bulletin board. Upon submitting the training plan to MSHA,
operators and contractors may incur a cost to copy and mail their plan
to MSHA Headquarters. MSHA estimates that under the proposed rule 35
percent of the 245 new and revised training plans, or 86 will be
submitted by mail. This is a decrease from the 172 copies that would be
submitted by mail under the current rule. The estimated mailing cost is
$2.00 per training plan by paper. Thus, the annual recordkeeping cost
to respondents is anticipated to fall from $344 to $172.
Summary of the Collection of Information: Under the proposed rule,
the estimated number of respondents, responses, burden hours, and
recordkeeping cost to respondents would decrease from the currently
approved information collection request. The reduction in information
collection cost comes from eliminating provisions that allow District
Managers to require changes in training programs.
Type of Review: Substantive Change to currently approved
information collection.
OMB Control Number: 1219-0009.
Title: Training Plans and Records of Training, for Underground
Miners and Miners Working at Surface Mines and Surface Areas of
Underground Mines.
Summary of the Collection of Information: The calculated burden
shows a decrease in burden hours, and recordkeeping costs from the
currently approved information collection request.
Affected Public: Businesses or For-Profit.
Estimated Number of Respondents: 64,606 (-246 due to this proposed
rule).
Frequency: On occasion.
Estimated Number of Responses: 129,387 (-668 due to this proposed
rule).
Estimated Number of Burden Hours: 11,576 (-858 due to this proposed
rule).
Estimated Recordkeeping Costs to Respondents: $413,395 (-$471 due
to this proposed rule).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The E.O. requires agencies to examine the constitutional
and statutory authority supporting any action that would limit the
policymaking discretion of the States and to carefully assess the
necessity for such actions. The E.O. also requires agencies to have an
accountable process to ensure meaningful and timely input by State and
local officials in the development of regulatory policies that have
federalism implications.
MSHA has examined this proposed rule and has determined that it
would not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity; (2) write regulations to minimize litigation; (3) provide a
clear legal standard for affected conduct rather than a general
standard; and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms; and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in
[[Page 28389]]
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. MSHA has completed the
required review and determined that, to the extent permitted by law,
this proposed rule meets the relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy. 2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
MSHA examined this proposed rule according to UMRA and determined
that the proposal rule does not contain a Federal intergovernmental
mandate, nor is it expected to require expenditures of $100 million or
more in any one year by State, local, and Tribal governments, in the
aggregate, or by the private sector. As a result, the analytical
requirements of UMRA do not apply.
G. Review Under the National Environmental Policy Act
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et seq.), requires each Federal agency to consider the
environmental effects of regulatory actions and to prepare an
environmental impact statement on Agency actions that would
significantly affect the quality of the environment; unless the action
is considered categorically excluded under 29 CFR 11.10. MSHA has
reviewed the proposed rule in accordance with NEPA requirements and the
Department of Labor's NEPA procedures (29 CFR part 11). As a result of
this review, MSHA has determined that this proposed rule would not
impact air, water, or soil quality, plant or animal life, the use of
land or other aspects of the human environment. Therefore, MSHA has not
conducted an environmental assessment nor provided an environmental
impact statement.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, MSHA has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), MSHA has determined that this proposed rule would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). MSHA has reviewed this proposed rule under the
OMB and has concluded that it is consistent with applicable policies in
the OMB guidelines.
K. Review Under Executive Order 13175
E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments'' 65 FR 67249 (Nov. 9, 2000), requires agencies to consult
with tribal officials when developing policies that may have ``tribal
implications.'' This proposed rule does not have ``tribal
implications'' because it will not ``have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Accordingly, under E.O. 13175, no further Agency action or analysis is
required.
L. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' 66 FR 28355 (May 22,
2001), requires agencies to publish a statement of energy effects when
a rule has a significant energy action that adversely affects energy
supply, distribution, or use. MSHA has reviewed this proposed rule for
its energy effects. For the energy analysis, this proposed rule will
not exceed the relevant criteria for adverse impact.
M. Review Under Additional Executive Orders and Presidential Memoranda
MSHA has examined this proposed and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy'' 90 FR 8353 (Jan. 29, 2025); E.O. 14192,
``Unleashing Prosperity Through Deregulation'' 90 FR 9065 (Feb. 6,
2025); and the Presidential Memorandum, ``Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis''
90 FR 8245 (Jan. 28, 2025). This rescission is expected to be an E.O.
14192 deregulatory action.
List of Subjects in 30 CFR Part 48
Education, Mine safety and health, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, and under the authority
of the Federal Mine Safety and Health Act of 1977, as amended by the
Mine Improvement and New Emergency Response Act of 2006, MSHA proposes
to amend chapter I of title 30 of the Code of Federal Regulations as
follows:
PART 48--TRAINING AND RETRAINING OF MINERS
0
1. The authority citation for part 48 continues to read as follows:
Authority: 30 U.S.C. 811, 825.
0
2. In Sec. 48.3, revise paragraph (e) to read as follows:
Sec. 48.3 Training plans; time of submission; where filed;
information required; time for approval; method for disapproval;
commencement of training; approval of instructors.
* * * * *
(e) All training required by the training plan submitted to and
approved by the District Manager as required by this subpart A shall be
subject to evaluation by the District Manager to determine the
effectiveness of the training programs. Upon request from
[[Page 28390]]
the District Manager the operator shall make available for evaluation
the instructional materials, handouts, visual aids and other teaching
accessories used or to be used in the training programs. Upon request
from the District Manager the operator shall provide information
concerning the schedules of upcoming training.
* * * * *
Sec. 48.5 [Amended]
0
3. Amend Sec. 48.5 by removing paragraph (b)(14).
Sec. 48.6 [Amended]
0
4. Amend Sec. 48.6 by removing paragraph (b)(13).
Sec. 48.7 [Amended]
0
5. Amend Sec. 48.7 by removing paragraph (a)(4).
Sec. 48.8 [Amended]
0
6. Amend Sec. 48.8 by removing paragraph (b)(12)
Sec. 48.11 [Amended]
0
7. Amend Sec. 48.11 by removing paragraph (a)(5)
Sec. 48.25 [Amended]
0
8. Amend Sec. 48.25 by removing paragraph (b)(13).
Sec. 48.26 [Amended]
0
9. Amend Sec. 48.26 by removing paragraph (b)(12).
Sec. 48.27 [Amended]
0
10. Amend Sec. 48.27 by removing paragraph (a)(4).
Sec. 48.28 [Amended]
0
11. Amend Sec. 48.28 by removing paragraph (b)(11)
Sec. 48.31 [Amended]
0
12. Amend Sec. 48.31 by removing paragraph (a)(5).
James P. McHugh,
Deputy Assistant Secretary for Policy, Mine Safety and Health
Administration.
[FR Doc. 2025-12231 Filed 6-30-25; 8:45 am]
BILLING CODE 4520-43-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.