[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63978-63979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20097]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0009]


Proposed Extension of Information Collection; Training Plans and 
Records of Training, for Underground Miners and Miners Working at 
Surface Mines and Surface Areas of Underground Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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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 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 regarding Training Plans and Records of 
Training, for Underground Miners and Miners Working at Surface Mines 
and Surface Areas of Underground Mines.

DATES: All comments must be received on or before November 17, 2023.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below. Please 
note that late, untimely filed comments will not be considered.
    <bullet> Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2023-0045.
    <bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment, in keeping with the Department of Labor's 
COVID-19 policy. Special health precautions may be required.
    <bullet> MSHA will post all comments as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of 
Standards, Regulations, and Variances, MSHA, at MSHA.information 
.<a href="/cdn-cgi/l/email-protection#7b181417171e180f121415083b1f1417551c140d"><span class="__cf_email__" data-cfemail="d9bab6b5b5bcbaadb0b6b7aa99bdb6b5f7beb6af">[email protected]</span></a> (email); (202) 693-9440 (voice); or (202) 693-9441 
(facsimile). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 103(h) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), Public Law 95-164 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 
(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 and metal and nonmetal mines.
    The Mine Act recognizes that education and training is an important 
element of efforts to make the nation's mines safe. Section 115(a) of 
the Mine Act, 30 U.S.C. 825(a), states that ``each operator of a coal 
and other mine shall have a health and safety training program which 
shall be approved by the Secretary.'' These standards are intended to 
ensure that miners will be effectively trained in matters affecting 
their health and safety, with the ultimate goal of reducing the 
occurrence of injury and illness in the nation's mines.

A. Training Plan Approvals and Revisions

    30 CFR 48.3 and 48.23 require training plans, respectively, for 
miners at underground mines, and for miners at surface mines and 
surface areas of underground mines. Specifically, 30 CFR 48.3(a) and 
48.23(a) require each mine operator to have an MSHA-approved plan 
containing programs for training new miners, training experienced 
miners, training miners for new task, annual refresher training, and 
hazard training for miners.

[[Page 63979]]

    Under 30 CFR 48.3(b) and 48.23(b) training plans are required to be 
submitted for approval to the MSHA District Manager for the area where 
the mine is located. The training plans must contain the information as 
listed in 30 CFR 48.3(c) and 48.23(c).
    Under 30 CFR 48.3(l) and 48.23(l) the operator is required to 
notify the District Manager and the miners' representative of any 
changes of modification and obtain the approval of the District 
Manager.

B. Training Records MSHA Form 5000-23

    30 CFR 48.9 and 48.29 require records of training for underground 
mines and for surface mines and surface areas of underground mines, 
respectively. Upon completion of each training program, the mine 
operator must record and certify on MSHA Form 5000-23, Certificate of 
Training, that the miner has received the specified training in each 
subject area of the approved health and safety training plan. A copy of 
the training certificate must be given to the miner at the completion 
of the training.
    The Certificate of Training form, MSHA Form 5000-23, must be 
maintained by the operator for a period of two years for current 
employees and for 60 days after termination of a miner's employment and 
must be available for inspection at the mine site. In addition, the 
miner is entitled to a copy of the certificate when the miner leaves 
the operator's employment.

C. Copies of Training Plans

    Under 30 CFR 48.3(d) and 48.23(d) the operator is required to 
provide the representative of the miners with a copy of the training 
plan or to post a copy on the mine bulletin board two weeks prior to 
its submission to the District Manager. Written comments received by 
the operator from miners or their representatives must be submitted to 
the District Manager. Miners or their representatives are allowed to 
submit written comments directly to the District Manager.
    Under 30 CFR 48.3(f) and 48.23(f) the operator is required to make 
a copy of the MSHA approved training plan available at the mine site 
for MSHA's inspection and for miners representative's examination.
    Under 30 CFR 48.3(n) and 48.23(n) the operator is required to post 
on the mine bulletin board and to provide to the miners' representative 
a copy of all MSHA revisions and decisions concerning the training 
plan.

D. MSHA Evaluation, Approval, and Disapproval

    Under 30 CFR 48.3(a)(2) and 48.23(a)(2) the operator is required to 
have an approved training plan within 60 days of submission, unless 
extended by MSHA.
    Under 30 CFR 48.3(e) and 48.23(e) all training in the training plan 
is subject to evaluation by the District Manger to determine the 
effectiveness of the training programs. Upon request from the District 
Manager, the operator must provide instructional or training materials 
for evaluation.
    Under 30 CFR 48.3(i) and 48.23(i) the District Manager is required 
to send written reasons to revoke the approval of instructors. The 
instructor can submit their appeal to MSHA within 5 days of 
notification.
    Under 30 CFR 48.3(j) and 48.23(j) the District Manager is required 
to notify the operator and the miners' representative in writing of the 
approval or status of the training programs within 60 days from the 
date on which the training plan is filed.
    Under 30 CFR 48.3(m) and 48.23(m) the District Manager is required 
to notify the operator and the miners' representative in writing of the 
disapproval of a training plan or a proposed modification.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Training Plans and Records of Training, for 
Underground Miners and Miners Working at Surface Mines and Surface 
Areas of Underground Mines. 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 MSHA's estimate of the burden of 
the 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
    <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 information collection request will be available on http://www.regulations.gov. MSHA cautions the commenter against providing any 
information in the submission that should not be publicly disclosed. 
Full comments, including personal information provided, will be made 
available on www.regulations.gov and www.reginfo.gov.
    The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street 
South, Suite 4E401, Arlington, VA 22202-5452. Sign in at the 
receptionist's desk on the 4th floor via the East elevator. Before 
visiting MSHA in person, call 202-693-9455 to make an appointment, in 
keeping with the Department of Labor's COVID-19 policy. Special health 
precautions may be required.
    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 information collection request concerns provisions for 
Training Plans and Records of Training, for Underground Miners and 
Miners Working at Surface Mines and Surface Areas of Underground Mines. 
MSHA has updated the data with respect to the number of respondents, 
responses, burden hours, and burden costs supporting this information 
collection request from the previous information collection request.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0009.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 65,494.
    Frequency: On occasion.
    Number of Annual Responses: 130,055.
    Annual Burden Hours: 12,434 hours.
    Annual Respondent or Recordkeeper Cost: $394,856.
    MSHA Forms: MSHA Form 5000-23, Certificate of Training.
    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 information collection request; they will 
become a matter of public record and will be available at https://www.reginfo.gov.

Song-Ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2023-20097 Filed 9-15-23; 8:45 am]
BILLING CODE 4520-43-P


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