Notice2025-16773
Agency Information Collection Activities; Submission for OMB Review; Comment Request; 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
September 2, 2025
Issuing agencies
Labor Department
Abstract
The Department of Labor (DOL) is submitting this Mine Safety and Health Administration (MSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Notices]
[Pages 42447-42448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16773]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Pattern of Violations
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Mine Safety
and Health Administration (MSHA)-sponsored information collection
request (ICR) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that the agency
receives on or before October 2, 2025.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#03474c4f5c5351425c5356414f4a4043676c6f2d646c75"><span class="__cf_email__" data-cfemail="8acec5c6d5dad8cbd5dadfc8c6c3c9caeee5e6a4ede5fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Federal Mine Safety and Health Act of
1977 (Mine Act), as amended, places the ultimate responsibility on mine
operators for ensuring the safety and health of miners. The legislative
history of the Mine Act emphasizes that Congress included the pattern
of violations (POV) provision for mine operators who demonstrated a
disregard for the safety and health of miners through a recurring
pattern of significant and substantial (S&S) violations. MSHA was to
use the POV provision in situations where other enforcement actions had
been ineffective at bringing the mines into compliance with safety and
health standards.
This final rule will simplify the POV criteria, improve consistency
in applying the POV criteria, and more adequately achieve the statutory
intent. It also will encourage chronic violators to take proactive
measures to comply with the Mine Act and MSHA's safety and health
standards to bring their mines into compliance. This final rule
contains a provision subject to review and approval by OMB under the
Paperwork Reduction Act of 1995 (PRA). MSHA is submitting this
information collection package to OMB for review under 44 U.S.C. 3504,
paragraph (h) of the PRA, as amended (44 U.S.C. 3501 et seq.).
The existing rule included mitigating circumstances under the
initial screening criteria, but does not define mitigating
circumstances. MSHA explains its intent in policy. The final rule
incorporates the initial screening criteria into the pattern criteria
for placing a mine in a POV status. The preamble to the final rule
states that MSHA will consider an operator's effective implementation
of an MSHA-approved corrective action program as a mitigating
circumstance. MSHA expects that most mine operators, who compare their
compliance record with the POV criteria on MSHA's website and determine
that they are approaching a POV level, will submit a written corrective
action program to the District Manager for approval and work to bring
their mines into compliance to avoid being issued a POV notice, which
could result in the temporary closure of the mine or sections of the
mine. MSHA believes that an operator who implements a corrective action
program is demonstrating a commitment to complying with MSHA's
standards and regulations, and to restoring safe and healthful
conditions for miners. For additional substantive information about
this ICR, see the related notice published in the Federal Register on
May 29, 2025 (90 FR 22760).
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB
[[Page 42448]]
approves it and displays a currently valid OMB Control Number. In
addition, notwithstanding any other provisions of law, no person shall
generally be subject to penalty for failing to comply with a collection
of information that does not display a valid OMB Control Number. See 5
CFR 1320.5(a) and 1320.6.
Agency: DOL-MSHA.
Title of Collection: Pattern of Violations.
OMB Control Number: 1219-0150.
Affected Public: Private Sector.
Number of Respondents: 15.
Number of Responses: 21.
Annual Burden Hours: 1,664 hours.
Total Estimated Annual Other Costs Burden: $2,801.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2025-16773 Filed 8-29-25; 8:45 am]
BILLING CODE 4510-43-P
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