[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63978-63979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20097]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0009]
Proposed Extension of Information Collection; Training Plans and
Records of Training, for Underground Miners and Miners Working at
Surface Mines and Surface Areas of Underground Mines
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 regarding Training Plans and Records of
Training, for Underground Miners and Miners Working at Surface Mines
and Surface Areas of Underground Mines.
DATES: All comments must be received on or before November 17, 2023.
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-2023-0045.
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, Director, Office of
Standards, Regulations, and Variances, MSHA, at MSHA.information
.[email protected] (email); (202) 693-9440 (voice); or (202) 693-9441
(facsimile). These are not toll-free numbers.
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
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.
The Mine Act recognizes that education and training is an important
element of efforts to make the nation's mines safe. Section 115(a) of
the Mine Act, 30 U.S.C. 825(a), states that ``each operator of a coal
and other mine shall have a health and safety training program which
shall be approved by the Secretary.'' These standards are intended to
ensure that miners will be effectively trained in matters affecting
their health and safety, with the ultimate goal of reducing the
occurrence of injury and illness in the nation's mines.
A. Training Plan Approvals and Revisions
30 CFR 48.3 and 48.23 require training plans, respectively, for
miners at underground mines, and for miners at surface mines and
surface areas of underground mines. Specifically, 30 CFR 48.3(a) and
48.23(a) require each mine operator to have an MSHA-approved plan
containing programs for training new miners, training experienced
miners, training miners for new task, annual refresher training, and
hazard training for miners.
[[Page 63979]]
Under 30 CFR 48.3(b) and 48.23(b) training plans are required to be
submitted for approval to the MSHA District Manager for the area where
the mine is located. The training plans must contain the information as
listed in 30 CFR 48.3(c) and 48.23(c).
Under 30 CFR 48.3(l) and 48.23(l) the operator is required to
notify the District Manager and the miners' representative of any
changes of modification and obtain the approval of the District
Manager.
B. Training Records MSHA Form 5000-23
30 CFR 48.9 and 48.29 require records of training for underground
mines and for surface mines and surface areas of underground mines,
respectively. Upon completion of each training program, the mine
operator must record and certify on MSHA Form 5000-23, Certificate of
Training, that the miner has received the specified training in each
subject area of the approved health and safety training plan. A copy of
the training certificate must be given to the miner at the completion
of the training.
The Certificate of Training form, MSHA Form 5000-23, must be
maintained by the operator for a period of two years for current
employees and for 60 days after termination of a miner's employment and
must be available for inspection at the mine site. In addition, the
miner is entitled to a copy of the certificate when the miner leaves
the operator's employment.
C. Copies of Training Plans
Under 30 CFR 48.3(d) and 48.23(d) the operator is required to
provide the representative of the miners with a copy of the training
plan or to post a copy on the mine bulletin board two weeks prior to
its submission to the District Manager. Written comments received by
the operator from miners or their representatives must be submitted to
the District Manager. Miners or their representatives are allowed to
submit written comments directly to the District Manager.
Under 30 CFR 48.3(f) and 48.23(f) the operator is required to make
a copy of the MSHA approved training plan available at the mine site
for MSHA's inspection and for miners representative's examination.
Under 30 CFR 48.3(n) and 48.23(n) the operator is required to post
on the mine bulletin board and to provide to the miners' representative
a copy of all MSHA revisions and decisions concerning the training
plan.
D. MSHA Evaluation, Approval, and Disapproval
Under 30 CFR 48.3(a)(2) and 48.23(a)(2) the operator is required to
have an approved training plan within 60 days of submission, unless
extended by MSHA.
Under 30 CFR 48.3(e) and 48.23(e) all training in the training plan
is subject to evaluation by the District Manger to determine the
effectiveness of the training programs. Upon request from the District
Manager, the operator must provide instructional or training materials
for evaluation.
Under 30 CFR 48.3(i) and 48.23(i) the District Manager is required
to send written reasons to revoke the approval of instructors. The
instructor can submit their appeal to MSHA within 5 days of
notification.
Under 30 CFR 48.3(j) and 48.23(j) the District Manager is required
to notify the operator and the miners' representative in writing of the
approval or status of the training programs within 60 days from the
date on which the training plan is filed.
Under 30 CFR 48.3(m) and 48.23(m) the District Manager is required
to notify the operator and the miners' representative in writing of the
disapproval of a training plan or a proposed modification.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Training Plans and Records of Training, for
Underground Miners and Miners Working at Surface Mines and Surface
Areas of Underground Mines. 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, Office of Standards, Regulations and Variances, 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 section of
this notice.
III. Current Actions
This information collection request concerns provisions for
Training Plans and Records of Training, for Underground Miners and
Miners Working at Surface Mines and Surface Areas of Underground Mines.
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: 1219-0009.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 65,494.
Frequency: On occasion.
Number of Annual Responses: 130,055.
Annual Burden Hours: 12,434 hours.
Annual Respondent or Recordkeeper Cost: $394,856.
MSHA Forms: MSHA Form 5000-23, Certificate of Training.
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. 2023-20097 Filed 9-15-23; 8:45 am]
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