[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60837-60839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21303]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0127]


Proposed Extension of Information Collection; Certification and 
Qualification To Examine, Test, Operate Hoists and Perform Other Duties

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed collections of information 
in accordance with the Paperwork Reduction Act of 1995. This program 
helps to ensure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized,

[[Page 60838]]

collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments on the information collection for Certification and 
Qualification to Examine, Test, Operate Hoists and Perform Other 
Duties.

DATES: All comments must be received on or before November 27, 2020.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments for docket number MSHA-
2020-0030. Comments submitted electronically, including attachments, to 
https://www.regulations.gov will be posted to the docket, with no 
changes. Because your comment will be made public, you are responsible 
for ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
     Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452.
     MSHA will post your comment as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Roslyn Fontaine, Deputy Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); (202) 693-9440 (voice); 
or (202) 693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 103(h) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 813(h), authorizes MSHA to collect information 
necessary to carry out its duty in protecting the safety and health of 
miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a), 
authorizes the Secretary of Labor (Secretary) to develop, promulgate, 
and revise as may be appropriate, improved mandatory health or safety 
standards for the protection of life and prevention of injuries in coal 
or other mines.
    Under section 103(a) of the Mine Act, authorized representatives of 
the Secretary or Secretary of Health and Human Services must make 
frequent inspections and investigations in coal or other mines each 
year for the purpose of gathering information with respect to mandatory 
health or safety standards.
    Title 30 Code of Federal Regulations (CFR) 75.159 and 77.106 
require coal mine operators to maintain a list of persons who are 
certified and qualified to perform duties under 30 CFR parts 75 and 77, 
such as examining for hazardous conditions, testing for methane and 
oxygen deficiency, conducting tests of air flow, performing electrical 
work, repairing energized surface high-voltage lines, and performing 
the duties of hoisting engineer. This information collection is 
necessary to ensure that only persons who are properly trained and 
sufficiently experienced are permitted to perform these duties. 
Although MSHA does not specify a format for the recordkeeping, it 
normally consists of the names of the certified and qualified persons 
listed in two columns on a sheet of paper. One column is for certified 
persons and the other is for qualified persons.
    Sections 75.100 and 77.100 pertain to the certification of certain 
persons to perform specific examinations and tests. Sections 75.155 and 
77.105 outline the requirements necessary to be qualified as a hoisting 
engineer or hoistman. Under sections 75.160, 75.161, 77.107, and 
77.107-1, the mine operator must have an approved training plan 
developed to train and retrain the qualified and certified persons to 
effectively perform their tasks.
    These regulations recognize State certification and qualification 
programs. However, where State programs are not available, MSHA may 
certify and qualify miners to carry out certain functions prescribed in 
the Mine Act.
    Under this program, MSHA will qualify or certify individuals if 
these individuals meet the requirements for qualification or 
certification, fulfill any applicable retraining requirements, and 
remain employed at the same mine or by the same independent contractor.
    Applications for MSHA qualification or certification are submitted 
to the MSHA Qualification and Certification Unit in Denver, Colorado. 
MSHA Form 5000-41, Safety & Health Activity Certification or Hoisting 
Engineer Qualification Request provides the coal mining industry with a 
standardized reporting format that expedites the certification and 
qualification process while ensuring compliance with the regulations. 
MSHA uses the information collected through this form to determine if 
applicants satisfy the requirements to obtain the certification or 
qualification sought. Persons must meet certain minimum experience 
requirements depending on the type of certification or qualification 
sought.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Certification and Qualification to Examine, Test, 
Operate Hoists and Perform Other Duties. MSHA is particularly 
interested in comments that:
     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 MSHA's 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.
    Background documents related to this information collection request 
are available at https://regulations.gov and in DOL-MSHA located at 201 
12th Street South, Suite 4E401, Arlington, VA 22202-5452. Questions 
about the information collection requirements may be directed to the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
notice from the previous collection of information.

III. Current Actions

    This information collection request concerns provisions for 
Certification and Qualification to Examine, Test, Operate Hoists and 
Perform Other Duties. MSHA has updated the data with respect to the 
number of respondents, responses, burden hours, and burden costs 
supporting this information collection request from the previous 
information collection request.

[[Page 60839]]

    Type of Review: Extension, without change, of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0127.
    Affected Public: Business or other for-profit.
    Number of Respondents: 674.
    Frequency: On occasion.
    Number of Responses: 3,259.
    Annual Burden Hours: 330 hours.
    Annual Respondent or Recordkeeper Cost: $56.10.
    MSHA Forms: MSHA Form 5000-41, Safety and Health Activity 
Certification or Hoisting Engineers Qualification Request Form.
    Comments submitted in response to this notice will be summarized in 
the request for Office of Management and Budget approval of the 
proposed information collection request; they will become a matter of 
public record and will be available at https://www.reginfo.gov.

Roslyn B. Fontaine,
Certifying Officer.
[FR Doc. 2020-21303 Filed 9-25-20; 8:45 am]
BILLING CODE 4510-43-P