[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55728-55730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17625]


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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, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 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 October 16, 2023.

[[Page 55729]]


ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below. Please 
note that late, untimely filed comments will not be considered.
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2023-0043.
     Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment, in keeping with the Department of Labor's 
COVID-19 policy. Special health precautions may be required.
     MSHA will post all comments 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: S. Aromie Noe, 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) Public Law 95-164 as amended, 30 U.S.C. 813(h), authorizes 
the Mine Safety and Health Administration (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 
and metal and nonmetal mines.
    30 CFR 75.100 and 77.100 defines a certified person as a person who 
has been certified as a mine foreman (mine manager), an assistant mine 
foreman (section foreman), or a preshift examiner (mine examiner). The 
certified persons are qualified to perform duties under 30 CFR 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. In addition to experience in coal 
mines, the certified person is required to make the required 
examinations and tests, including being qualified to test for methane 
and for oxygen deficiency.
    30 CFR 75.155 outlines the requirements necessary to be qualified 
as a hoisting engineer to operate a steam-driven hoist or electrically 
driven hoist in underground coal mines if the person has at least one 
year experience as an engineer in a steam-driven or electrically driven 
hoisting plant and is qualified by the State in which the mine is 
located as a steam-hoisting engineer.
    30 CFR 77.105 outlines the requirements necessary to be qualified 
as a hoistman to a hoist at a slope or shaft sinking operation in 
surface coal mines if the person has at least one year of experience 
operating a hoist plant or maintaining hoist equipment and is qualified 
by any State as a hoistman or its equivalency.
    Under 30 CFR 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.
    30 CFR 75.159 and 30 CFR 77.106 require coal mine operators to 
maintain a list of persons who are certified and qualified to perform 
duties. 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.
    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. 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 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.
    The information collection request will be available on http://www.regulations.gov. MSHA cautions the commenter against providing any 
information in the submission that should not be publicly disclosed. 
Full comments, including personal information provided, will be made 
available on www.regulations.gov and www.reginfo.gov.
    The public may also examine publicly available documents at DOL-
MSHA, 201 12th Street South, Suite 4E401, Arlington, VA 22202-5452. 
Sign in at the receptionist's desk on the 4th floor via the East 
elevator. Before visiting MSHA in person, call 202-693-9455 to make an 
appointment, in keeping with the Department of Labor's COVID-19 policy. 
Special health precautions may be required.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice.

III. Current Actions

    This information collection request concerns provisions for 
Certification and Qualification to Examine, Test, Operate Hoists and 
Perform Other

[[Page 55730]]

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.
    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 Annual Respondents: 990.
    Frequency: On occasion.
    Number of Annual Responses: 3,980.
    Annual Burden Hours: 334 hours.
    Annual Respondent or Recordkeeper Cost: $3.00.
    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 
and included 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.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2023-17625 Filed 8-15-23; 8:45 am]
BILLING CODE 4510-43-P