[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Notices]
[Pages 3202-3203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00698]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Certification and Qualification To Examine, 
Test, Operate Hoists and Perform Other Duties

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Mining 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 agency receives 
on or before February 16, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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) if the information will be processed and used in a timely 
manner; (3) 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; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) 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.

FOR FURTHER INFORMATION CONTACT: Anthony May by telephone at 202-693-
4129 (this is not a toll-free number) or by email at 
<a href="/cdn-cgi/l/email-protection#1f5b5053404f4d5e404f4a5d53565c5f7b707331787069"><span class="__cf_email__" data-cfemail="8bcfc4c7d4dbd9cad4dbdec9c7c2c8cbefe4e7a5ece4fd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Section 103(h) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 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

[[Page 3203]]

(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 or other mines.
    Under section 103(a) of the Mine Act, authorized representatives of 
the Secretary 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.
    Title 30 Code of Federal Regulations (CFR) 75.159 and 77.106 
require coal mine operators to maintain a list of persons who are 
certified and qualified to perform duties under 30 CFR parts 75 and 77, 
such as examining for hazardous conditions, testing for methane and 
oxygen deficiency, conducting tests of air flow, performing electrical 
work, repairing energized surface high-voltage lines, and performing 
the duties of hoisting engineer. This information collection is 
necessary to ensure that only persons who are properly trained and 
sufficiently experienced are permitted to perform these duties. 
Although MSHA does not specify a format for the recordkeeping, 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. Under sections 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 persons to 
effectively perform their tasks.
    These regulations recognize State certification and qualification 
programs. However, where State programs are not available, MSHA may 
certify and qualify miners to carry out certain functions prescribed in 
the Mine Act. Under this program, MSHA will qualify or certify 
individuals if these individuals meet the requirements for 
qualification or certification, fulfill any applicable retraining 
requirements, and remain employed at the same mine or by the same 
independent contractor.
    Applications for MSHA qualification or certification are submitted 
to the MSHA Qualification and Certification Unit in Denver, Colorado. 
MSHA Form 5000-41, Safety & Health Activity Certification or Hoisting 
Engineer Qualification Request 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 information collected through this form 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 
sought. For additional substantive information about this ICR, see the 
related notice published in the Federal Register on September 28, 2020 
(85 FR 60837).
    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 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.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-MSHA.
    Title of Collection: Certification and Qualification To Examine, 
Test, Operate Hoists and Perform Other Duties.
    OMB Control Number: 1219-0127.
    Affected Public: Businesses or other for-profits institutions.
    Total Estimated Number of Respondents: 674.
    Total Estimated Number of Responses: 3,259.
    Total Estimated Annual Time Burden: 330 hours.
    Total Estimated Annual Other Costs Burden: $56.

    Authority: 44 U.S.C. 3507(a)(1)(D).

    Dated: January 8, 2021.
Anthony May,
Management and Program Analyst.
[FR Doc. 2021-00698 Filed 1-13-21; 8:45 am]
BILLING CODE 4510-43-P


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