Notice2025-09595
Proposed Extension of Information Collection: Daily Inspection of Surface Coal Mine; Certified Person; Reports of Inspection (Pertains to Surface Coal Mines)
Primary source
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Published
May 29, 2025
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre- clearance consultation program for all information collections, to provide the 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 titled "Daily Inspection of Surface Coal Mine; Certified Person; Reports of Inspection (Pertains to Surface Coal Mines)."
Full Text
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<title>Federal Register, Volume 90 Issue 102 (Thursday, May 29, 2025)</title>
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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22771-22772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09595]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0083]
Proposed Extension of Information Collection: Daily Inspection of
Surface Coal Mine; Certified Person; Reports of Inspection (Pertains to
Surface Coal Mines)
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program for all information collections, to
provide the 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 titled ``Daily Inspection of Surface Coal Mine; Certified
Person; Reports of Inspection (Pertains to Surface Coal Mines).''
DATES: All comments must be received on or before July 28, 2025.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that comments received after the deadline will not be considered.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2025-0016.
<bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Avenue NW, Room C3522,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9455
to make an appointment.
<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, Director, Office of
Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#f8b5abb0b9d691969e978a95998c919796d69b9794949d9b8c9197968bb89c9794d69f978e"><span class="__cf_email__" data-cfemail="2469776c650a4d4a424b564945504d4b4a0a474b48484147504d4b4a5764404b480a434b52">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
Section 103(h) of the Federal Mine Safety and Health Act of 1977
(Mine Act) 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, metal and
nonmetal mines.
The Paperwork Reduction Act (PRA) governs paperwork burdens imposed
by Federal agencies on the public for using identical questions to
collect information from 10 or more persons. Paperwork burden is
defined in 44 U.S.C. 3502(2) as time, effort, or financial resources
expended to generate, maintain, or provide information to or for a
Federal agency. Under 44 U.S.C. 3507, policies and procedures of
information collection are established for controlling paperwork
burdens imposed by Federal agencies on the public, including evaluating
public comments.
B. Information Collection
To fulfill the statutory mandates to promote miners' health and
safety, MSHA requires information under the information collection
request (ICR) titled ``Daily Inspection of Surface Coal Mine; Certified
Person; Reports of Inspection (Pertains to Surface Coal Mines).'' The
information collection is intended to be used by MSHA operators and
inspectors to ensure that corrective actions are taken to address any
hazards found in active work areas to prevent injuries or deaths of
miners.
Surface coal mines and facilities present a number of potential
hazards. Highwalls, mining equipment, travelways, and the handling of
mining materials present potentially hazardous conditions. Before daily
examinations of working areas and surface installations were required,
numerous miners lost their lives or were seriously injured in areas
covered in the standard. The majority of these fatalities and injuries
resulted from hazardous conditions that were not detected and
immediately
[[Page 22772]]
corrected in these areas. Mine operators ensure a safe working
environment for miners by complying with the standards and conducting
on shift examinations for hazardous conditions in working areas and
surface installations.
Burden and costs associated with the ICR includes:
1. conducting daily inspections;
2. creating inspection records; and
3. signing or countersigning records.
Authorization and the associated rule text are described below.
1. Conducting Daily Inspections
Under 30 CFR 77.1713(a), at least once during each working shift,
or more often if necessary for safety, each active working area and
each active surface installation must be examined by a certified person
designated by the operator to conduct examinations for hazardous
conditions and any hazardous conditions noted during the examinations
must be reported to the operator and must be corrected by the operator.
Under 30 CFR 77.1713(b), if any hazardous condition noted during an
examination creates an imminent danger, the person conducting the
examination must notify the operator and the operator must withdraw all
persons from the area affected, except those exempted persons referred
to in section 104(c) of the Mine Act, 30 U.S.C. 814(c), until the
danger is abated.
2. Creating Inspection Records
Under 30 CFR 77.1713(c), after each examination, each certified
person who conducted all or any part of the required examination must
enter with ink or indelible pencil in a book approved by the Secretary
the date and a report of the condition of the mine or any area of the
mine which he has inspected together with a report of the nature and
location of any hazardous condition found to be present at the mine.
The book in which the entries are made must be kept in an area at the
mine designated by the operator to minimize the danger of destruction
by fire or other hazard.
3. Signing or Countersigning Records
Under 30 CFR 77.1713(d), all recorded examination reports must
include a report of the action taken to abate hazardous conditions and
must be signed or countersigned each day by at least one of the
following persons:
(1) The surface mine foreman;
(2) The assistant superintendent of the mine;
(3) The superintendent of the mine;
(4) The person designated by the operator as responsible for health
and safety at the mine; or,
(5) An equivalent mine official.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Daily Inspection of Surface Coal Mine; Certified
Person; Reports of Inspection (Pertains to Surface Coal Mines).'' 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="https://www.regulations.gov">https://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="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 200 Constitution
Avenue NW, Room C3522, Washington, DC 20210. Before visiting MSHA in
person, call 202-693-9455 to make an appointment.
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 Daily
Inspection of Surface Coal Mine; Certified Person; Reports of
Inspection (Pertains to Surface Coal Mines). MSHA has updated the data
with respect to the number of respondents, responses, time burden, 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: 1219-0083.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 771.
Frequency: On occasion.
Number of Annual Responses: 188,812.
Annual Time Burden: 286,365 hours.
Annual Other Burden Costs: $0.
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 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. 2025-09595 Filed 5-28-25; 8:45 am]
BILLING CODE 4510-43-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.