FR 2021-00937

The Department of Labor (DOL) has issued a notice regarding the submission of an information collection request to the Office of Management and Budget (OMB). The intent is to gather data on safety and health standards concerning refuse piles and impoundment structures in mining operations. The submission falls under the purview of the Paperwork Reduction Act, aiming to ensure that the process of information collection is efficient and necessary. The public is invited to provide input on the necessity and potential improvements for this data collection by February 18, 2021.

General Overview

The document centers around a critical safety issue in the mining industry: the management of refuse piles and impoundments. These structures, if improperly handled, can pose serious risks to mine workers, nearby communities, and the environment. The DOL is emphasizing the need for accurate and reliable data to maintain safety standards and prevent accidents.

Issues and Concerns

Several issues arise from this document. Firstly, there is a lack of clarity regarding the estimated annual cost burden of over $1.5 million, as the document does not explain how this figure was determined. Similarly, the estimate of nearly 69,000 hours for the annual time burden lacks justification, leaving the audience questioning the necessity and efficiency of the collection process.

Moreover, instructions for submitting comments are somewhat vague, which might cause confusion for those unfamiliar with navigating the regulatory website. This could potentially limit public participation, as interested parties might struggle to access the platform to provide feedback.

Additionally, while the document mentions measures to minimize the burden on respondents, it fails to specify how small businesses in particular could be supported or if they face disproportionate impacts compared to larger corporations more capable of bearing these costs.

Impact on the Public

The impact on the public is multifaceted. From a safety standpoint, ensuring comprehensive standards and monitoring for refuse piles and impoundments is beneficial, reducing the risk of catastrophic failures that can lead to injuries or fatalities. For businesses, particularly those in the mining sector, compliance with these standards will likely require resources, both in terms of time and finances.

For smaller businesses, the lack of explicit measures to alleviate burdens could prove challenging. They may find it difficult to comply with the reporting requirements without significant financial and operational strain. As a result, there may be a potential risk of widening the gap between small and large enterprises in the industry.

Impact on Specific Stakeholders

Mining companies, especially those managing refuse piles and impoundment structures, will be directly affected by these requirements. Larger corporations with dedicated compliance departments may absorb the additional workload more easily than smaller entities, potentially influencing competitive dynamics within the industry.

For regulators and public safety advocates, the enhanced data collection offers the promise of better oversight and the ability to implement safety standards effectively, potentially leading to improved safety outcomes in the long run.

Conclusion

While the document sets out a necessary agenda for improving mining safety through data collection, it reveals areas where clarity and efficiency could be improved. Addressing these concerns, particularly regarding cost and the burden on smaller businesses, may enhance compliance and support the overarching goal of safeguarding miners and communities. The public and stakeholders are encouraged to contribute feedback to refine these processes, ensuring that they serve their intended purpose without disproportionate strain on any segment of the industry.

The document titled "Agency Information Collection Activities; Submission for OMB Review; Comment Request; Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements" contains several references to financial aspects related to the proposed information collection by the Department of Labor. The financial components are crucial for understanding the potential implications and oversight of the program described.

Summary of Financial Information

In the document, a key financial figure is highlighted: the Total Estimated Annual Other Costs Burden is $1,509,202. This amount reflects additional costs associated with the program beyond time and labor expenses. Unfortunately, the document does not break down how this total cost was calculated, leaving room for uncertainty regarding what specific expenses contribute to this figure. This lack of detail could lead to confusion or skepticism regarding the necessity and efficiency of the expenditures.

Financial Implications and Identified Issues

The presentation of financial figures in the document raises several significant issues. Firstly, the absence of detailed calculation for the $1,509,202 cost burden stirs concerns about transparency and accountability. Without an explicit breakdown, it is challenging for stakeholders, including businesses affected by these regulations, to assess whether these costs are justified or if there may be potential areas for reduction and efficiency improvements.

Furthermore, the document also mentions a significant labor commitment—Total Estimated Annual Time Burden of 68,692 hours. Like the cost burden, this time estimation lacks an explanation of its derivation, potentially appearing excessive. Stakeholders are left without a clear understanding of how these hours contribute to achieving the objectives of the collection activity, making it difficult to argue for or against the efficiency of the program.

Moreover, the document does not specify measures to alleviate financial burdens on small businesses. Not addressing this concern can imply a disadvantage for smaller enterprises less able to absorb these costs, raising concerns about possible favoritism toward larger businesses that can handle such financial impacts more readily.

In summary, while the document outlines significant annual costs and time allocations, a comprehensive and clear explanation of these figures would provide better insight into the financial operations and impact of the proposed information collection activities, facilitating more informed public commentary and oversight.