Notice2025-09596
Proposed Extension of Information Collection: Pattern of Violations
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
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 Pattern of Violations.
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 22760-22762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09596]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0150]
Proposed Extension of Information Collection: Pattern of
Violations
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 Pattern of Violations.
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-2025-0013.
<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#f3bea0bbb2dd9a9d959c819e92879a9c9ddd909c9f9f9690879a9c9d80b3979c9fdd949c85"><span class="__cf_email__" data-cfemail="e0adb3a8a1ce898e868f928d8194898f8ece838f8c8c858394898f8e93a0848f8cce878f96">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
[[Page 22761]]
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 ``Pattern of Violations''. The information
collection is intended to use the written corrective action programs
(CAP) developed by mine operators to monitor the progress and
effectiveness of operators' efforts to avoid the issuance of pattern of
violations (POV) and to restore safe and healthful working conditions
in their mines.
The Mine Act requires mine operators to take the ultimate
responsibility of ensuring the safety and health of miners. Under 30
CFR part 104, the criteria and procedures to determine whether a mine
operator has established a recurring pattern of significant and
substantial (S&S) violations of mandatory health and safety standards
at the mine. An S&S violation is a type of violation that is regarded
to be reasonably likely to result in a serious injury or illness. 30
CFR part 104 implements section 104(e) of the Mine Act, 30 U.S.C.
814(e), regarding POV by addressing mines with an inspection history of
recurrent S&S violations that demonstrate a mine operator's disregard
for the health and safety of miners. MSHA uses the POV provisions to
effectively restore safe and healthy conditions at mines with an
established pattern of S&S violations.
Burden costs associated with the ICR includes:
1. Mine operators developing and reviewing caps for MSHA approval
and progress review;
2. MSHA issuing POV notices and withdrawal orders;
3. Mine operators posting POV notices; and
4. MSHA posting POV criteria.
Authorization and the associated rule text are described below.
1. Mine Operators Developing and Reviewing CAPs for MSHA Approval and
Progress Review
Under 30 CFR 104.2(a), at least once each year, MSHA will review
the compliance and accident, injury, and illness records of mines to
determine if any mines meet the POV criteria. MSHA's review to identify
mines with a pattern of S&S violations will include:
(i) Citations for S&S violations;
(ii) Orders under section 104(b) of the Mine Act for not abating
S&S violations;
(iii) Citations and withdrawal orders under section 104(d) of the
Mine Act, resulting from the mine operator's unwarrantable failure to
comply;
(iv) Imminent danger orders under section 107(a) of the Mine Act;
(v) Orders under section 104(g) of the Mine Act requiring
withdrawal of miners who have not received training and who MSHA
declares to be a hazard to themselves and others;
(vi) Enforcement measures, other than section 104(e) of the Mine
Act, that have been applied at the mine;
(vii) Other information that demonstrates a serious safety or
health management problem at the mine, such as accident, injury, and
illness records; and
(viii) Mitigating circumstances.
A POV notice could result in a temporary closure of the mine or
sections of the mine. When a mine operator determines that the mine is
likely to be issued a POV notice soon (a POV calculator is available on
MSHA website, <a href="https://www.msha.gov/data-and-reports/data-sources-and-calculators/pov-calculator">https://www.msha.gov/data-and-reports/data-sources-and-calculators/pov-calculator</a>), the operator usually chooses to work with
MSHA to develop and submit a written CAP to the District Manager for
approval.
An approved CAP is one of the mitigating circumstances of 30 CFR
104.2(a)(8) that MSHA considers when determining whether to issue a POV
notice. The CAP is submitted to MSHA to demonstrate planned actions by
the operator to address known health and safety violations. The CAP
encourages operators to take proactive measures to bring their mines
into compliance. Positive CAP results in reducing S&S violations will
allow MSHA to monitor demonstrated progress of operator efforts to
restore safe and healthful conditions.
2. MSHA Issuing POV Notices and Withdrawal Orders
Under 30 CFR 104.3(a), when a mine has a POV, the District Manager
will issue a POV notice to the mine operator that specifies the basis
for the Agency's action. The District Manager will also provide a copy
of this notice to the representative of miners.
Under 30 CFR 104.3(c), if MSHA finds any S&S violation within 90
days after issuance of the POV notice, MSHA will issue an order for the
withdrawal of all persons from the affected area, except those exempted
persons referred to in section 104(c) of the Mine Act, until the
violation has been abated.
Under 30 CFR 104.3(d), if a withdrawal order is issued, any
subsequent S&S violation will result in a withdrawal order that will
remain in effect until MSHA determines that the violation has been
abated.
3. Mine Operators Posting POV Notices
Under 30 CFR 104.3(b), the mine operator must post the POV notice
on the mine bulletin board. The POV notice must remain posted at the
mine until terminated by MSHA.
4. MSHA Posting POV Criteria
Under 30 CFR 104.2(b), MSHA will post the specific pattern criteria
on its website. The criteria has been posted (<a href="https://www.msha.gov/compliance-and-enforcement/pattern-violations-pov">https://www.msha.gov/compliance-and-enforcement/pattern-violations-pov</a>) and no further cost
is involved.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Pattern of Violations''. 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
[[Page 22762]]
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 is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions commenters 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 Pattern
of Violations. 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: 1219-0150.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 15.
Frequency: On occasion.
Number of Annual Responses: 21.
Annual Time Burden: 1,664 hours.
Annual Other Burden Costs $2,801.
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. 2025-09596 Filed 5-28-25; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on May 29, 2025.
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.