[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Pages 9376-9378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3592]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0127]


Proposed Extension of Existing Information Collection on 
Qualification/Certification Program and Man Hoist Operators Physical 
Fitness

AGENCY: Mine Safety and Health Administration, Department of Labor.

ACTION: Notice of request for public comments.

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[[Page 9377]]

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
[44 U.S.C. 3506(c)(2)(A)]. This program helps to assure 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. Currently, the Mine Safety and Health 
Administration (MSHA) is soliciting comments concerning the extension 
of the information collection for 30 CFR 75.100, 75.155, 75.159, 
75.160, 75.161, 77.100, 77.105, 77.106, 77.107, and 77.107-1 on 
Qualification/Certification Program and Man Hoist Operators Physical 
Fitness.

DATES: All comments must be received by midnight Eastern Standard Time 
on April 18, 2011.

ADDRESSES: Comments must be identified clearly with the rule title and 
may be submitted to MSHA by any of the following methods:
    (1) Electronic mail: <a href="/cdn-cgi/l/email-protection#bac0c0f7e9f2fb97f9d5d7d7dfd4cec9faded5d694ddd5cc"><span class="__cf_email__" data-cfemail="1c6666514f545d315f7371717972686f5c787370327b736a">[email protected]</span></a>.
    (2) Facsimile: 202-693-9441
    (3) Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-3939.
    (4) Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, VA 22209-3939. Sign in at the receptionist's desk on the 
21st floor.

FOR FURTHER INFORMATION CONTACT: Mario Distasio, Chief of the Economic 
Analysis Division, Office of Standards, Regulations, and Variances, 
MSHA, at <a href="/cdn-cgi/l/email-protection#96f2ffe5e2f7e5fff9b8fbf7e4fff9d6f2f9fab8f1f9e0"><span class="__cf_email__" data-cfemail="92f6fbe1e6f3e1fbfdbcfff3e0fbfdd2f6fdfebcf5fde4">[email protected]</span></a> (e-mail), 202-693-9445 (voicemail), 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 101(a) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) requires that the Secretary must 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 
or other mines. Under section 103(a)(2), authorized representatives of 
the Secretary of Labor or Secretary of Health and Human Services must 
make frequent inspections and investigations in coal or other mines 
each year for the purpose of gathering information with respect to 
mandatory health or safety standards.
    Sections 75.159 and 77.106 require coal mine operators to maintain 
a list of persons who are certified and those who are qualified to 
perform duties under Parts 75 and 77, such as conduct examinations for 
hazardous conditions, conduct tests for methane and oxygen deficiency, 
conduct tests of air flow, perform electrical work, repair energized 
surface high-voltage lines, and perform duties of hoisting engineer. 
The recorded information is necessary to ensure that only persons who 
are properly trained and have the required number of years of 
experience are permitted to perform these duties. MSHA does not specify 
a format for the recordkeeping; however, it normally consists of the 
names of the certified and qualified persons listed in two columns on a 
sheet of paper. One column is for certified persons and the other is 
for qualified persons.
    Sections 75.100 and 77.100 pertain to the certification of certain 
persons to perform specific examinations and tests. Sections 75.155 and 
77.105 outline the requirements necessary to be qualified as a hoisting 
engineer or hoist man. Also, under Sec. Sec.  75.160, 75.161, 77.107 
and 77.107-1, the mine operator must have an approved training plan 
developed to train and retrain the qualified and certified people to 
effectively do their tasks.
    These regulations recognize State certification and qualification 
programs. However, where State programs are not available, MSHA may 
certify and qualify persons.
    The MSHA program will continue to qualify or certify individuals as 
long as these individuals meet the requirements for certification or 
qualification, fulfill any applicable retraining requirements, and 
remain employed at the same mine or by the same independent contractor.
    Applications for Secretarial qualification or certification are 
submitted to the MSHA Qualification and Certification Unit in Denver, 
Colorado. MSHA Form 5000-41 provides the coal mining industry with a 
standardized reporting format that expedites the certification and 
qualification process while ensuring compliance with the regulations. 
MSHA uses the form's information to determine if applicants satisfy the 
requirements to obtain the certification or qualification sought. 
Persons must meet certain minimum experience requirements depending on 
the type of certification or qualification.
    Section 103(e) of the Mine Act directs the Secretary of Labor not 
to impose an unreasonable burden on small businesses when obtaining any 
information under the Mine Act. This information collection does not 
have a significant impact on a substantial number of small entities.

II. Desired Focus of Comments

    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 the agency's estimate of the 
burden of the collection of information, including the validity of the 
methodology and assumptions used;
    <bullet> 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 the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.
    A copy of the information collection request can be obtained by 
contacting the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice, or viewed on the Internet by selecting ``Rules 
& Regs'', and then selecting ``FedReg.Docs''. On the next screen, 
select ``Paperwork Reduction Act Supporting Statement'' to view 
documents supporting the Federal Register notice.

III. Current Actions

    This notice contains the request for an extension of the existing 
collection of information in 30 CFR 75.100, 75.155, 75.159, 75.160, 
75.161, 77.100, 77.105, 77.106, 77.107, and 77.107-1. MSHA does not 
intend to publish the results from this information collection. MSHA is 
seeking approval to display the expiration date for the OMB approval of 
this information collection on MSHA Form 5000-41.
    There are no certification exceptions identified with this 
information collection and the collection of this information does not 
employ statistical methods.
    Type of Review: Three year update.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0127.
    Frequency: Annually.
    Affected Public: Business or other for-profit.

[[Page 9378]]

    Cost to Federal Government: none.
    Total Burden Respondents: $1,547.
    Total Number of Responses: 6,966.
    Total Burden Hours: 679 hours.
    Total Hour Burden Cost (operating/maintaining): $125.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: February 11, 2011.
Roslyn B. Fontaine,
Acting Director, Office of Standards, Regulations and Variances, 
Certifying Officer.
[FR Doc. 2011-3592 Filed 2-16-11; 8:45 am]
BILLING CODE 4510-43-P


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