[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Notices]
[Pages 4626-4628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01284]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0154]


Proposed Extension of Information Collection: Performance Reports 
for MSHA Grants

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 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 the 
extension of Performance Reports for MSHA Grants.

DATES: All comments must be received on or before March 25, 2024.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below. Please 
note that late, comments received after the deadline 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-2023-0021.
    <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 
<a href="/cdn-cgi/l/email-protection#b2ffe1faf39cdbdcd4ddc0dfd3c6dbdddc9cd1dddeded7d1c6dbdddcc1f2d6ddde9cd5ddc4"><span class="__cf_email__" data-cfemail="6528362d244b0c0b030a170804110c0a0b4b060a09090006110c0a0b1625010a094b020a13">[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, 
as amended (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 (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.
    MSHA works to prevent death, illness, and injury from mining and to 
promote safe and healthful workplaces for U.S. miners. Section 115 of 
the Mine Act, 30 U.S.C. 825, requires MSHA to approve mine operators' 
health and safety training programs for miners. MSHA administers two 
grant programs: State Grants and Brookwood-Sago Mine Safety Grants. The 
grant programs provide training for individuals, miners, employers, and 
contractors in the recognition, avoidance, and prevention of unsafe and 
unhealthful working conditions in accordance with section 503 of the 
Mine Act, 30 U.S.C. 953, and section 14 of the Mine Improvement and New 
Emergency Response Act of 2006 (MINER Act), 30 U.S.C. 965.

State Grants

    Under section 503 of the Mine Act, 30 U.S.C. 953, the Secretary may 
award grants to States to assist in developing and enforcing State mine 
health and safety laws and regulations, to improve State workers' 
compensation and mining occupational disease laws and programs, and to 
improve health and safety conditions in the Nation's mines through 
Federal-State coordination and cooperation. Any State in which mining 
takes place may apply for the State Grants. 30 U.S.C. 953(g) requires 
that MSHA may fund up to 80 percent of the State Grants activities and 
a Grant recipient must provide matching funds of no less than 20 
percent of the total costs. This Grant program supports federally 
mandated training of miners and mine operators working at surface and 
underground coal, metal, and nonmetal mines. 30 U.S.C. 953(e) of the 
Mine Act also allows the program to train State inspectors.
    MSHA recognizes that State training programs are a key source of 
mine safety and health training and education for individuals who work 
or will work at mines. MSHA encourages State training programs to 
prioritize health and safety training for small mining operations and 
underserved mines and miners within the mining industry, and to 
prioritize diversity, equity, inclusion, and accessibility. MSHA has 
recently expanded the priority to include underserved operators and 
miners including limited English proficient (LEP) and low literacy 
individuals.
    MSHA supports programs that emphasize training on miners' statutory 
rights, including the right to be provided a safe working environment, 
to refuse an unsafe task, and to have a voice in the safety and health 
conditions at the mine. In particular, MSHA encourages grant recipients 
to address, in their training and education programs, occupational 
health hazards caused by exposures to respirable coal mine dust and 
respirable crystalline silica, powered haulage and mobile equipment 
safety, mine emergency preparedness, mine rescue, electrical safety, 
contract and customer truck drivers, improving training for new and 
inexperienced miners, managers and supervisors performing mining tasks, 
pillar safety for underground mines, and preventing falls from heights.

Brookwood-Sago Mine Safety Grants

    Section 14 of the MINER Act, 30 U.S.C. 965, established the 
Brookwood-Sago Mine Safety Grants. This competitive grant program 
provides funding for education and training programs to better 
identify, avoid, and prevent unsafe working conditions in and around 
mines. Grantees can use these funds to establish and implement 
education and training programs or to create training materials and 
programs on MSHA-identified safety priorities. Funds can also be used 
to develop and implement training and related materials for mine 
emergency preparedness as well as for the prevention of accidents in 
underground mines.
    MSHA expects Brookwood-Sago Mine Safety grantees to develop 
training or educational materials and/or provide mine safety training 
or educational programs, to recruit mine operators and miners to 
participate in training, and to conduct and evaluate the training 
program. 30 U.S.C. 965 mandates that

[[Page 4627]]

the Secretary must emphasize programs and materials that target smaller 
mines, including training mine operators and miners about new MSHA 
standards, high risk activities, or hazards. The Brookwood-Sago Mine 
Safety Grants give priority to the funding of pilot and demonstration 
projects that will provide opportunities for broad applicability for 
mine safety. Special attention will also be given to programs and 
materials that serve underserved mines and miners within the mining 
industry, and that prioritize diversity, equity, inclusion, and 
accessibility.
    30 U.S.C. 965 also requires the Brookwood-Sago Mine Safety Grants 
to conduct follow-up evaluations with the people who received the 
provided training to measure how the training promotes the DOL's 
strategic goal to ``Ensure Safe Jobs, Essential Protections, and Fair 
Workplaces,'' and MSHA's goal to ``prevent fatalities, disease, and 
injury from mining, and secure safe and healthful working conditions 
for America's miners.'' Evaluations will focus on determining how 
effective the subject training was in either reducing hazards, 
improving miners' skills, or in improving safety and health conditions 
in mines. Grantees must also fully cooperate with MSHA evaluators, 
which may include providing MSHA evaluators relevant data, educational 
or training materials, or information on training methods and 
equipment.
    Under both State Grants and Brookwood-Sago Mine Safety Grants 
programs, each grantee is required by U.S. DOL regulations to submit 
quarterly performance reports for the preceding 3-month period; and a 
final report no later than 90 days after the end of the grant period. 
Grantees of State Grants program have an additional requirement of 
submitting MSHA Form 5000-50, State Grants Progress Report, on a 
quarterly basis.
    The required content of each report is specified in the funding 
opportunity announcement (FOA) of each grant program.
    (1) Performance Project Reports: A grantee submits a quarterly 
performance project report to MSHA no later than 30 days after the 
deadlines. The performance report needs to contain a narrative 
assessment of performance under the grants and to include both 
quantitative and qualitative information. The narrative assessment 
includes the summary of progress over the previous 3 months, submitted 
in an open free format of the grantee's choice. Specifically, the 
narrative reports contain the following information:
    (a) A comparison of actual accomplishments to the objectives 
established for the period.
    (b) Reasons for any objectives that are not met.
    (c) A description of any significant developments or problems 
affecting the grantee's ability to accomplish the work.
    (d) An evaluation of the impact or results of the program's 
activities.
    (e) An explanation of current grant progress against the overall 
grant goals.
    In addition, the grantees are required to submit quarterly 
financial reports on the status of all funds awarded, matching funds, 
and, if applicable, program income received and expended, during the 
funding period.
    Between reporting dates, the grantee also needs to provide interim 
reports to inform MSHA of significant developments or problems 
affecting the organization's ability to accomplish the work specified 
in the FOA.
    (2) Final Reports: At the end of the grant period, each grantee is 
required to provide a final close-out financial report, a final 
performance report, and an evaluation report. The final report is due 
no later than 90 days after the end of the 12-month performance period.
    (3) MSHA Form 5000-50, State Grants Progress Report (State Grants 
Only): State Grants recipients are also required to submit MSHA Form 
5000-50 in their quarterly reports to MSHA. This form is used only by 
the State Grants program. This form consists of a technical progress 
report with quantitative performance information. Recipients of the 
State Grants are required to submit a final MSHA 5000-50 form at the 
end of the 12-month performance period.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the information collection 
related to Performance Reports for MSHA Grants. 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, 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 
Performance Reports for MSHA Grants, specifically, including an 
extension of Performance Project Reports and Final Reports submitted by 
the recipients of both State and Brookwood-Sago Mine Safety Grants, and 
MSHA Form 5000-50 used for the State Grants. 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: 1219-0154.
    Affected Public: Business or other for-profits.
    Number of Annual Respondents: 76.
    Frequency: Quarterly and annually.
    Number of Annual Responses: 380.
    Annual Burden Hours: 850 hours.
    Annual Respondent or Recordkeeper Cost: $0.
    MSHA Forms: MSHA Performance Report Narratives; MSHA Form 5000-50, 
MSHA State Grants Progress Report.
    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

[[Page 4628]]

public record and will be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-01284 Filed 1-23-24; 8:45 am]
BILLING CODE 4520-43-P


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