Notice2023-17625
Proposed Extension of Information Collection; Certification and Qualification To Examine, Test, Operate Hoists and Perform Other Duties
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
August 16, 2023
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 157 (Wednesday, August 16, 2023)</title>
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[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55728-55730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
<bullet> Federal E-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2023-0043.
<bullet> 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.
<bullet> MSHA will post all comments as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Deputy Director, Office
of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#b8f5ebf0f996d1d6ded7cad5d9ccd1d7d696dbd7d4d4dddbccd1d7d6cbf8dcd7d496dfd7ce"><span class="__cf_email__" data-cfemail="662b352e27480f080009140b07120f09084805090a0a0305120f0908152602090a48010910">[email protected]</span></a> (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:
<bullet> 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;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> and <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
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 <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
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
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