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Notice2026-19837

Proposed Extension of Information Collection: Certification and Qualification To Examine, Test, Operate Hoists and Perform Other Duties

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Published
September 29, 2026

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 "Certification and Qualification to Examine, Test, Operate Hoists and Perform Other Duties."

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<title>Federal Register, Volume 91 Issue 187 (Tuesday, September 29, 2026)</title>
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[Federal Register Volume 91, Number 187 (Tuesday, September 29, 2026)]
[Notices]
[Pages 61459-61462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19837]


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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 (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

[[Page 61460]]

Health Administration (MSHA) is soliciting comments on the information 
collection titled ``Certification and Qualification to Examine, Test, 
Operate Hoists and Perform Other Duties.''

DATES: All comments must be received on or before November 30, 2026.

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 instructions for submitting comments for docket number MSHA-
2026-0562.
    <bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 200 Constitution Avenue NW, 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: Corliss A. Josephs-Conway, Acting 
Director, Office of Standards, Regulations, and Variances, MSHA, at 
<a href="/cdn-cgi/l/email-protection#3a7769727b1453545c5548575b4e53555414595556565f594e535554497a5e5556145d554c"><span class="__cf_email__" data-cfemail="b1fce2f9f09fd8dfd7dec3dcd0c5d8dedf9fd2deddddd4d2c5d8dedfc2f1d5dedd9fd6dec7">[email&#160;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 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 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.
    The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) 
governs paperwork burdens imposed on the public by Federal agencies 
when using identical questions to collect information from 10 or more 
persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as the 
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 for information 
collection to control paperwork burdens imposed by Federal agencies on 
the public, including evaluating public comments.

B. Information Collection

    To fulfill its statutory mandate to promote miners' health and 
safety, MSHA requires information under the OMB request titled 
``Certification and Qualification to Examine, Test, Operate Hoists and 
Perform Other Duties.'' This information collection is intended to 
ensure that only those qualified or certified to perform duties 
requiring specialized expertise at coal mines are authorized to conduct 
examinations for hazardous conditions, conduct tests for methane and 
oxygen deficiency, conduct tests for air flow, atmospheric monitoring 
systems (AMS) operation, perform electrical work, repair energized 
surface high-voltage lines, and perform duties of hoisting engineer.
    Burden costs associated with the ICR include:

1. Submitting MSHA Form 5000-41
2. Updating Lists of Certified and Qualified Persons
3. Developing Training Plans

    The associated standards that authorize the collection of 
information are described below.
1. Submitting MSHA Form 5000-41
1-1. Certifying Persons
Defining Certified Persons
    Under 30 75.100(a), [at underground coal mines] the provisions of 
Subpart D--Ventilation of this part 75 require that certain 
examinations and tests be made by a certified person. A certified 
person within the meaning of those provisions is a person who has been 
certified as a mine foreman (mine manager), an assistant mine foreman 
(section foreman), or a preshift examiner (mine examiner). A person who 
has been so certified is also a qualified person within the meaning of 
those provisions of subpart D of this part which require that certain 
tests be made by a qualified person and within the meaning of 30 CFR 
75.1106 regarding welding, cutting, or soldering with arc or flame 
underground.
    Under 30 CFR 77.100(a)(1), [at surface coal mines] the provisions 
of this Part 77 require that certain examinations and tests be made by 
a certified person. A certified person within the meaning of these 
provisions is a person who has been certified to perform the duties, 
and make the required examinations and tests to be performed by a 
certified person.
    Under 30 CFR 77.100(a)(2), a person who has been so certified shall 
also be considered to be a qualified person within the meaning of those 
provisions of this Part 77 which require that certain examinations, 
tests and duties be performed by a qualified person, except those 
provisions in Subparts F, G, H, I, and J of this part relating to 
performance of electrical work.
MSHA Certifying Persons
    Under 30 CFR 75.100(c)(1), [at underground coal mines] the 
Secretary may certify persons in the categories of mine foreman, 
assistant mine foreman, and preshift examiner whenever the State in 
which persons are presently employed in these categories does not 
provide for such certification. A person's initial certification by 
MSHA is valid for as long as the person continues to satisfy the 
requirements necessary to obtain the certification and is employed at 
the same coal mine or by the same independent contractor. The mine 
operator or independent contractor shall make an application which 
satisfactorily shows that each such person has had at least 2 years 
underground experience in a coal mine, and has held the position of 
mine foreman, assistant mine foreman, or preshift examiner for a period 
of 6 months immediately preceding the filing of the application, and is 
qualified to test for methane and for oxygen deficiency. Applications 
for Secretarial certification should be submitted in writing to MSHA.
    Under 30 CFR 77.100(b)(2), pending issuance of Federal standards, a 
person will be considered, to the extent of the certification, a 
certified person to make examinations, tests and perform duties which 
are required by this Part 77 to be performed by a certified person, if 
this person has been certified for such purpose by the Secretary. A 
person's initial certification is valid for as long as the person 
continues to satisfy the requirements necessary to obtain the 
certification and is employed at the same coal mine or by the same 
independent contractor. The mine operator or independent contractor 
shall make an application which satisfactorily shows that each such 
person has had at least 2 years experience at a coal mine or equivalent 
experience, and that each such person demonstrates to the satisfaction 
of an authorized representative of the Secretary that such person is 
able and competent to test for oxygen deficiency with a permissible 
flame safety lamp, or any other device approved by the Secretary and to 
test for methane with a portable methane detector approved by MSHA and 
to perform such other duties for which

[[Page 61461]]

application for certification is made. Applications for certification 
by the Secretary should be submitted in writing to MSHA.
1-2. Qualifying Persons for Methane and Oxygen Testing
Defining Certified Persons for Methane and Oxygen Testing
    Under 30 CFR 75.150(a), [at underground coal mines] the provisions 
of Subpart D--Ventilation of this part and 30 CFR 75.1106 require that 
tests for methane and for oxygen deficiency be made by a qualified 
person. A person is a qualified person for this purpose if he is a 
certified person under 30 CFR 75.100.
    Under 30 CFR 77.101(a), [at surface coal mines] the provisions of 
Subparts C, P, R, and T of this Part 77 require that tests for methane 
and for oxygen deficiency be made by a qualified person. A person is a 
qualified person for these purposes if he is a certified person.
MSHA Certifying Persons for Methane and Oxygen Testing
    Under 30 CFR 75.150(b)(2), [at underground coal mines] the 
Secretary may qualify persons for [testing for methane and for oxygen 
deficiency] in a coal mine in which persons are not qualified for this 
purpose by the State upon an application and a satisfactory showing by 
the operator of the coal mine that each such person has been trained 
and designated by the operator to test for methane and oxygen 
deficiency and has made such tests for a period of 6 months immediately 
preceding the application. Applications for Secretarial qualification 
should be submitted to MSHA.
    Under 30 CFR 77.101(b)(2), [at surface coal mines] pending issuance 
of Federal standards, a person will be considered a qualified person 
for testing for methane and oxygen deficiency, if he has been qualified 
by the Secretary for these purposes upon a satisfactory showing by the 
operator of the coal mine that each such person has been trained and 
designated by the operator to test for methane and oxygen deficiency. 
Applications for Secretarial qualification should be submitted in 
writing to MSHA.
1-3. Qualifying Persons for Air Flow Testing at Underground Coal Mines
    Under 30 CFR 75.152, A person is a qualified person within the 
meaning of the provisions of Subpart D--Ventilation of this part 
requiring that tests of air flow be made by a qualified person only if 
he is a certified person under section 75.100 or a person trained and 
designated by a certified person to perform such tests.
1-4. Qualifying Persons for Hoist Equipment
Defining Qualified Persons for Operating Hoist Equipment
    Under 30 CFR 75.155(a)(2) and (b)(2), [at underground coal mines] 
if a State has no program for qualifying persons as steam-hoisting or 
electrically driven engineers, the Secretary may qualify persons for 
this purpose if the operator of the coal mine in which such persons are 
employed, or the independent contractor, makes an application and a 
satisfactory showing that each such person has had 1 year experience in 
operating steam-driven or electrically driven hoists and has held the 
position of hoisting engineer for a period of 6 months immediately 
preceding the application. A person's qualification is valid for as 
long as this person continues to satisfy the requirements necessary for 
qualification and is employed at the same coal mine or by the same 
independent contractor.
    Under 30 CFR 77.105(a)(2), [at surface coal mines] if a State has 
no program for qualifying persons as hoistmen, the Secretary may 
qualify persons if the operator of the slope or shaft-sinking operation 
makes an application and a satisfactory showing that the person has had 
1 year of experience operating hoists. A person's qualification is 
valid for as long as the person continues to satisfy the requirements 
for qualification and is employed at the same coal mine or by the same 
independent contractor.
MSHA Qualifying Persons for Operating Hoist Equipment
    Under 30 CFR 75.155(c) and 77.105(b), applications for Secretarial 
qualification should be submitted to MSHA.
    MSHA Form 5000-41, Safety and Health Activity Certification or 
Hoisting Engineers Qualification Request Form, is used to certify 
miners to be a mine foreman, assistant mine foreman, or a preshift 
examiner, or for a miner to be qualified to perform certain tasks.
2. Updating Lists of Certified and Qualified Persons
    Under 30 CFR 75.159 and 77.106, the operator of each coal mine 
shall maintain a list of all certified and qualified persons designated 
to perform duties.
3. Developing Training Plans
    Under 30 CFR 75.160, every operator of an [underground] coal mine 
shall provide a program, approved by the Secretary, of training and 
retraining of both qualified and certified persons needed to carry out 
functions prescribed in the Act.
    Under 30 CFR 75.161, each operator [of an underground coal mine] 
must submit to the district manager, of the Coal Mine Safety and Health 
District in which the mine is located, a program or plan setting forth 
what, when, how, and where the operator will train and retrain persons 
whose work assignments require that they be certified or qualified. The 
program must provide--
    (a) For certified persons, annual training courses in first aid, 
principles of mine rescue, and the provisions of this part 75; and
    (b) For qualified persons, annual courses in performance of the 
task which they perform as qualified persons.
    Under 30 CFR 77.107, every operator of a [surface] coal mine shall 
provide a program, approved by the Secretary, of training and 
retraining both qualified and certified persons needed to carry out 
functions prescribed in the Act.
    Under 30 CFR 77.107-1, each operator [of a surface coal mine] must 
submit to the district manager, of the Coal Mine Safety and Health 
District in which the mine is located, a program or plan setting forth 
what, when, how, and where the operator will train and retrain persons 
whose work assignments require that they be certified or qualified. The 
program must provide--
    (a) For certified persons, annual training courses in the tasks and 
duties which they perform as certified persons, first aid, and the 
provisions of this part 77; and
    (b) For qualified persons, annual courses in performance of the 
tasks which they perform as qualified persons.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection titled ``Certification and Qualification to Examine, Test, 
Operate Hoists and Perform Other Duties.'' MSHA is particularly 
interested in comments that:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of MSHA's estimate of the burden of 
the proposed 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

[[Page 61462]]

    <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 ICR 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, 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 CONTACT 
section of this notice.

III. Current Actions

    This ICR concerns provisions for Certification and Qualification to 
Examine, Test, Operate Hoists and Perform Other Duties. 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 Control Number: 1219-0127.
    Affected Public: Business or other for-profit entity.
    Number of Annual Respondents: 867.
    Frequency: On occasion.
    Number of Annual Responses: 3,818.
    Annual Time Burden: 351 hours.
    Annual Recordkeeping Costs: $31.
    MSHA Form(s): 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 ICR; they will become a matter of public 
record and be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.

Corliss A. Josephs-Conway,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2026-19837 Filed 9-28-26; 8:45 am]
BILLING CODE 4510-43-P


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