Notice2025-18538
Proposed Extension of Information Collection: Hazardous Conditions Complaints
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 25, 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 "Hazardous Conditions Complaints."
Full Text
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<title>Federal Register, Volume 90 Issue 184 (Thursday, September 25, 2025)</title>
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[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Notices]
[Pages 46261-46263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18538]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0014]
Proposed Extension of Information Collection: Hazardous
Conditions Complaints
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 ``Hazardous Conditions Complaints.''
DATES: All comments must be received on or before November 24, 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-2025-0054.
<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 202-693-9440
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: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#98d5cbd0d9b6f1f6fef7eaf5f9ecf1f7f6b6fbf7f4f4fdfbecf1f7f6ebd8fcf7f4b6fff7ee"><span class="__cf_email__" data-cfemail="7f322c373e51161119100d121e0b161011511c1013131a1c0b1610110c3f1b101351181009">[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 (MNM) mines.
The Paperwork Reduction Act of 1995 (PRA) governs paperwork burdens
imposed on the public by Federal agencies for using identical questions
to collect information from 10 or more persons. The PRA defines
paperwork burden 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, the PRA also establishes
policies and procedures of information collection for controlling
paperwork burdens imposed by Federal agencies on the public, including
evaluating public comments.
[[Page 46262]]
B. Information Collection
To fulfill its statutory mandate to promote miners' health and
safety, MSHA requires information under the information collection
request (ICR) titled ``Hazardous Conditions Complaints.'' This
information collection is intended to ensure that notifications of an
alleged violation or imminent danger made by a miner or a
representative of miners is investigated and addressed as soon as
possible.
MSHA regulations in 30 CFR part 43 implement section 103(g) of the
Mine Act and provide the procedures for processing hazardous conditions
complaints (HCC). Under section 103(g)(1) of the Mine Act, 30 U.S.C.
813(g)(1), a representative of miners, or a miner where there is no
representative of miners, who has reasonable grounds to believe that a
violation of the Mine Act or a mandatory health or safety standard
exists, or an imminent danger exists, has the right to obtain a special
inspection by giving notice of the violation or danger to the Secretary
or their duly authorized representative. Upon receipt of a
notification, a special inspection must be made as soon as possible to
determine if the violation or imminent danger exists. If the Secretary
determines that a violation or imminent danger does not exist, they
must notify the miners' representative or the miner of that
determination.
Under section 103(g)(2) of the Mine Act, 30 U.S.C. 813(g)(2), the
Secretary must establish procedures for informal review of any refusal
by an authorized representative to issue a citation with respect to an
alleged violation or withdrawal order with respect to an alleged
danger, including notification to the miners' representative or the
miner who requests the review of the reasons for the Secretary's final
disposition of the case.
Burden costs associated with this ICR include:
1. Miners or miners' representatives giving MSHA written notices of
hazardous conditions, including violations of the Mine Act or a
mandatory health or safety standard exists, or an imminent danger; and
2. MSHA processing complaints of hazardous conditions, including
providing notice of negative findings regarding special inspections and
statements of final decisions regarding informal reviews.
The associated standards that authorize the collection of
information are described below.
1. Miners or Miners' Representatives Giving Notice of Hazardous
Conditions to MSHA
Special Inspections
Under 30 CFR 43.4(a), a representative of miners or a miner where
there is no representative, who has reasonable grounds to believe that
a violation of the Mine Act or a mandatory health or safety standard
exists, or that an imminent danger exists, may obtain a special
inspection by giving notice to the Secretary or any authorized
representative of the Secretary of a violation or danger.
Under 30 CFR 43.4(b), the notice must set forth the alleged
violation or imminent danger as well as the location of the violation
or danger and must be in writing signed by the representative of miners
or miner giving the notice. Under 30 CFR 43.4(c), a copy of the written
notice must be provided to the operator or his agent by the Secretary
or his authorized representative no later than the time that the
inspection begins. In addition, if the notice indicates that an
imminent danger exists, the operator or his agent must be notified as
quickly as possible of the alleged danger. The name of the person
giving the notice and the names of any individual miners referred to in
the notice cannot appear in the copy of the written notice or in a
notification provided to the operator.
Informal Reviews
Under 30 CFR 43.7(a), where the authorized representative or the
Secretary refuses to issue a citation or order with respect to the
alleged violation or imminent danger, the representative of miners or
miner who provided the notice may obtain review of a refusal.
Under 30 CFR 43.7(b), a request for informal review of a refusal to
issue a citation or withdrawal order must be sent in writing to the
appropriate District Manager within 10 days of the date of the refusal
to issue a citation or withdrawal order and must be accompanied by any
supporting information the person requesting review wishes to submit.
Under 30 CFR 43.8, a person who provided notice of a hazardous
condition and to whom a notice of negative finding has been issued may
request an informal review of the finding.
2. MSHA Processing Hazardous Conditions Complaints
Notices of Negative Finding Regarding Special Inspections
Under 30 CFR 43.6(a), if it is determined that a special inspection
is not warranted, a written notice of negative finding must be issued
as soon as possible following the determination.
Under 30 CFR 43.6(b), if it is determined that an inspection is
warranted and upon the inspection it is determined that neither a
citation nor a withdrawal order should be issued for the alleged
violation or imminent danger, a written notice of negative finding must
be issued by the authorized representative of the Secretary prior to
leaving the mine premises.
Under 30 CFR 43.6(c), any notice of negative finding must be issued
to the representative of miners or the miner seeking the special
inspection, and a copy must be served upon the operator.
Written Statements of Final Disposition Regarding Informal Reviews
Under 30 CFR 43.7(d), after a review of all written and oral
statements submitted, the District Manager may either affirm the
refusal to issue a citation or withdrawal order or may direct that a
new inspection be conducted with respect to the alleged violation or
imminent danger. The District Manager must furnish the person
requesting review with a written statement of the reasons for his or
her final disposition of the request as soon as possible. A copy of the
statement must be furnished to the operator. The District Manager's
determination in the matter will be final.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Hazardous Conditions Complaints.'' MSHA is
particularly interested in comments that:
<bullet> Evaluate whether the information collection 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 information collection, 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 information collection 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 ICR is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions
commenters against providing any
[[Page 46263]]
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 202-693-9440 to make an appointment.
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 ICR concerns provisions for Hazardous Conditions Complaints.
MSHA has updated the data with respect to the number of respondents,
responses, time burden, and burden costs supporting this ICR from the
previous ICR.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0014.
Affected Public: Business or other for-profit entity.
Number of Annual Respondents: 2,249.
Frequency: On occasion.
Number of Annual Responses: 2,249.
Annual Time Burden: 450 hours.
Annual Respondent or Recordkeeper Costs: $0.
MSHA Form: Hazardous Conditions Complaint (Web Only Instrument).
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 ICR; they will become a matter of public
record and be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Jessica D. Senk,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2025-18538 Filed 9-24-25; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on September 25, 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.