Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 7743 

granted by MSHA before using nonpermissible electronic surveying 

equipment within 150 feet of pillar 

workings or longwall faces. A record of 

the training shall be kept with the other 

training records. 

(r) Within 60 days after the PDO 

granted by MSHA becomes final, the 

operator shall submit proposed 

revisions for its approved 30 CFR part 

48 training plans to the Coal Mine 

Safety and Health District Manager. 

These proposed revisions shall specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted on the 

terms and conditions of the PDO, a 

MSHA Certificate of Training (Form 

5000–23) shall be completed and shall 

include comments indicating it was 

surveyor training. 

(s) The operator shall replace or retire 

from service any non-permissible 

electronic surveying instrument 

acquired prior to December 31, 2004, 

within 1 year of the PDO granted by 

MSHA becoming final. Within 3 years of 

the date the PDO becomes final, the 

operator shall replace or retire from 

service any theodolite acquired more 

than 5 years prior to the date the granted 

PDO became final and any total station 

or other electronic surveying equipment 

identified in the PDO acquired more 

than10 years prior to the date the PDO 

became final. After 5 years, the operator 

shall maintain a cycle of purchasing 

new electronic surveying equipment so 

that theodolites shall be no older than 

5 years from the date of manufacture 

and total stations and other electronic 

surveying equipment shall be no older 

than 10 years from the date of 

manufacture. 

(t) The operator is responsible for 

ensuring that all surveying contractors 

hired by the operator use nonpermissible electronic surveying 

equipment in accordance with the 

requirements of paragraph (s) of the 

PDO granted by MSHA. The conditions 

of use specified in the PDO shall apply 

to all non-permissible electronic 

surveying equipment used within 150 

feet of pillar workings or longwall faces, 

regardless of whether the equipment is 

used by the operator or by an 

independent contractor. 

(u) Non-permissible electronic 

surveying equipment may be used when 

production is occurring, subject to these 

conditions: 

(1) On a mechanized mining unit 

(MMU) where production is occurring, 

non-permissible electronic surveying 

equipment shall not be used downwind 

of the discharge point of any face 

ventilation controls, such as tubing 

(including controls such as ‘‘baloney 

skins’’) or curtains. 

(2) Production may continue while 

non-permissible electronic surveying 

equipment is used if the surveying 

equipment is used in a separate split of 

air from where production is occurring. 

(3) Non-permissible electronic 

surveying equipment shall not be used 

in a split of air ventilating an MMU if 

any ventilation controls will be 

disrupted during such surveying. 

Disruption of ventilation controls means 

any change to the mine’s ventilation 

system that causes the ventilation 

system not to function in accordance 

with the mine’s approved ventilation 

plan. 

(4) If a surveyor must disrupt 

ventilation while surveying, the 

surveyor shall cease surveying and 

communicate to the section foreman 

that ventilation must be disrupted. 

Production shall stop while ventilation 

is disrupted. Ventilation controls shall 

be reestablished immediately after the 

disruption is no longer necessary. 

Production shall only resume after all 

ventilation controls are reestablished 

and are in compliance with approved 

ventilation or other plans and other 

applicable laws, standards, or 

regulations. 

(5) Any disruption in ventilation shall 

be recorded in the logbook required by 

the PDO. The logbook shall include a 

description of the nature of the 

disruption, the location of the 

disruption, the date and time of the 

disruption, the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(6) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations shall 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO granted by MSHA within 60 days 

of the date the PDO becomes final. Such 

training shall be completed before any 

non-permissible electronic surveying 

equipment can be used while 

production is occurring. The operator 

shall keep a record of such training and 

provide it to MSHA upon request. 

(7) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by surveying 

operations in accordance with 30 CFR 

48.8. The operator shall train new 

miners on the requirements of the PDO 

granted by MSHA in accordance with 30 

CFR 48.5 and shall train experienced 

miners, as defined in 30 CFR 48.6, on 

the requirements of the PDO in 

accordance with 30 CFR 48.6. The 

operator shall keep a record of such 

training and provide it to MSHA upon 

request. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–02170 Filed 2–2–24; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Agency Information Collection 

Activities; Comment Request; 

Information Collections Pertaining to 

Special Employment Under the Fair 

Labor Standards Act 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(Department) is soliciting comments 

concerning a proposed revision of the 

information collection request (ICR) 

titled ‘‘Information Collections 

Pertaining to Special Employment 

Under the Fair Labor Standards Act.’’ 

This comment request is part of 

continuing Departmental efforts to 

reduce paperwork and respondent 

burden in accordance with the 

Paperwork Reduction Act of 1995 

(PRA). The Department proposes to 

revise and extend the existing 

information collection with minor 

clarifying changes to the collection 

instruments. 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. A 

copy of the proposed information 

request can be obtained by contacting 

the office listed below in the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

April 5, 2024. 

ADDRESSES: You may submit comments 

identified by Control Number 1235– 

0001 by either one of the following 

methods: Email: WHDPRAComments@

dol.gov; Mail, Hand Delivery, Courier: 

Division of Regulations, Legislation, and 


lotter on DSK11XQN23PROD with NOTICES1
7744 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 

Interpretation, Wage and Hour, U.S. 

Department of Labor, Room S–3502, 200 

Constitution Avenue NW, Washington, 

DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

All submissions received must include 

the agency name and Control Number 

identified above for this information 

collection. Commenters are encouraged 

to transmit their comments 

electronically via email or to submit 

them by mail early. Comments, 

including any personal information 

provided, become a matter of public 

record. They will also be summarized 

and/or included in the request for Office 

of Management and Budget (OMB) 

approval of the information collection 

request. 

FOR FURTHER INFORMATION CONTACT: 

Robert Waterman, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Alternative formats are 

available upon request by calling 1– 

866–487–9243. If you are deaf, hard of 

hearing, or have a speech disability, 

please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

I. Background: The Department’s 

Wage and Hour Division (WHD) 

administers the Fair Labor Standards 

Act (FLSA), 29 U.S.C. 201, et seq., 

which sets the Federal minimum wage, 

overtime pay, recordkeeping, and youth 

employment standards of most general 

application. See 29 U.S.C. 206, 207, 211, 

212. FLSA section 14(c) provides that 

the Secretary of Labor (Secretary), ‘‘to 

the extent necessary to prevent 

curtailment of opportunities for 

employment, shall by regulation or 

order provide for the employment, 

under special certificates, of 

individuals’’ whose productivity for the 

work performed is limited by disability 

at subminimum wages commensurate 

with the individual’s productivity. 29 

U.S.C. 214(c). In accordance with 

section 14(c), WHD regulates the 

employment of individuals with 

disabilities under special certificates 

and governs the application and 

approval process for obtaining the 

certificates. See 29 CFR part 525. The 

information collections on the forms 

(Form WH–226, the Application for 

Authority to Employ Workers with 

Disabilities at Subminimum Wages, and 

Form WH–226A, the Supplemental Data 

Sheet for Application for Authority to 

Employ Workers with Disabilities at 

Subminimum Wages) assists the 

Department in fulfilling its statutory 

directive to administer and enforce the 

section 14(c) program, including the 

conditions introduced to section 14(c) 

certificate holders pursuant to the 

Workforce Innovation and Opportunity 

Act (WIOA), which was signed into law 

on July 22, 2014. 

In addition, section 11(d) of the FLSA 

authorizes the Secretary to regulate, 

restrict, or prohibit industrial homework 

as necessary to prevent circumvention 

or evasion of the minimum wage 

requirements of the FLSA. 29 U.S.C. 

211(d). Pursuant to section 11(d), WHD 

issues special certificates governing the 

employment of individual homeworkers 

and employers of homeworkers. The 

Department restricts homework in seven 

industries (i.e., knitted outwear, 

women’s apparel, jewelry 

manufacturing, gloves and mittens, 

button and buckle manufacturing, 

handkerchief manufacturing, and 

embroideries) to those employers that 

obtain certificates. See 29 CFR 530.1, 

530.2. The Department may issue 

individual certificates in those 

industries for an individual 

homeworker (1) who is unable to adjust 

to factory work because of a disability 

or who must remain at home to care for 

a person with a disability in the home, 

and (2) who has been engaged in 

industrial homework in the particular 

industry prior to certain specified dates 

as set forth in the regulations or is 

engaged in industrial homework under 

the supervision of a State Vocational 

Rehabilitation Agency. See 29 CFR 

530.3, 530.4. The Department also 

allows employers to obtain general 

(employer) certificates to employ 

homeworkers in all restricted industries, 

except women’s apparel and hazardous 

jewelry manufacturing operations. See 

29 CFR 530.101. Form WH–2, the 

Application for Special Industrial 

Homeworker’s Certificate, and Form 

WH–46, the Application for Certificate 

to Employ Homeworkers, are used in 

the application process for obtaining 

these certificates, and Form WH–75, 

Homeworker Handbook, is used to assist 

with recordkeeping. 

The FLSA also requires that the 

Secretary, to the extent necessary to 

prevent curtailment of employment 

opportunities, provide certificates 

authorizing the employment of full-time 

students at (1) not less than 85 percent 

of the applicable minimum wage or less 

than $1.60, whichever is higher, in retail 

or service establishments or in 

institutions of higher education (29 

U.S.C. 214(b)(1), (3); 29 CFR part 519); 

and (2) not less than 85 percent of the 

applicable minimum wage or less than 

$1.30, whichever is higher, in 

agriculture (29 U.S.C. 214(b)(2), 29 CFR 

part 519). The FLSA and the regulations 

set forth the application requirements as 

well as the terms and conditions for the 

employment of full-time students at 

subminimum wages under certificates 

and temporary authorization to employ 

such students at subminimum wages. 

The forms used to apply for these 

certificates are WH–200 (retail, service, 

or agricultural employers seeking to 

employ full-time students for 10 percent 

or more of total monthly hours of 

employment), WH–201 (institution of 

higher learning seeking to employ its 

students), and WH–202 (retail, service, 

or agricultural employers seeking to 

employ six or fewer full-time students). 

Under section 14(a) of the FLSA, the 

Secretary is required to provide, by 

regulation or order, a special certificate 

for the employment of learners, 

apprentices, and messengers who may 

be paid less than the Federal minimum 

wage set by section 6(a) of the FLSA. 

See 29 U.S.C. 214(a). The certificates are 

only issued to the extent necessary to 

prevent the curtailment of employment 

opportunities. This section also 

authorizes the Secretary to set 

limitations on such employment as to 

time, number, proportion, and length of 

service. The regulations at 29 CFR part 

520 contain the provisions that 

implement the section 14(a) 

requirements. Form WH–205 is the 

application an employer uses to obtain 

a certificate to employ student-learners 

at wages lower than the Federal 

minimum wage. Form WH–209 is the 

application an employer uses to request 

a certificate authorizing the employer to 

employ learners and/or messengers at 

subminimum wage rates. Regulations 

issued by the Department’s Office of 

Apprenticeship no longer permit the 

payment of subminimum wages to 

apprentices in an approved program, 

and the Department therefore has not 

issued apprentice certificates since 

1987. See 29 CFR 29.5(b)(5). However, 

WHD must maintain the information 

collection for apprentice certificates to 

fulfill its statutory obligation under 

FLSA to maintain this program. 


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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 7745 

II. Review Focus: The Department is 

particularly interested in comments 

that: 

• 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; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• 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 submissions 

of responses. 

III. Current Actions: The Department 

seeks approval for a revision of this 

information collection in order to 

ensure effective administration of 

various special employment programs. 

Type of Review: Revision. 

Agency: Wage and Hour Division. 

Title: Information Collections 

Pertaining to Special Employment 

Under the Fair Labor Standards Act. 

OMB Control Number: 1235–0001. 

Affected Public: Business or other forprofit, not-for-profit institutions, 

Federal, State, local, or Tribal 

government. 

Agency Numbers: Forms WH–226, 

WH–226A, WH–2, WH–46, WH–75, 

WH–200, WH–201, WH–202, WH–205, 

WH–209. 

Total Respondents: 335,167. 

Total Annual Responses: 1,338,561. 

Estimated Total Burden Hours: 

671,464. 

Estimated Time per Response: Varies 

with type of request. 

Frequency: On occasion. 

Total Burden Cost (capital/startup): 

$2,249.66. 

Dated: January 30, 2024. 

Amy Hunter, 

Director, Division of Regulations, Legislation, 

and Interpretation. 

[FR Doc. 2024–02177 Filed 2–2–24; 8:45 am] 

BILLING CODE 4510–27–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: (24–007)] 

Aerospace Safety Advisory Panel; 

Meeting 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, as 

amended, the National Aeronautics and 

Space Administration announces a 

forthcoming meeting of the Aerospace 

Safety Advisory Panel (ASAP). The 

ASAP will hold its First Quarterly 

Meeting for 2024. This discussion is 

pursuant to carrying out its statutory 

duties for which the Panel reviews, 

identifies, evaluates, and advises on 

those program activities, systems, 

procedures, and management activities 

that can contribute to program risk. 

Priority is given to those programs that 

involve the safety of human flight. 

DATES: Wednesday, February 28, 2024, 

11 a.m. to 12:30 p.m., eastern time. 

ADDRESSES: Public attendance will be 

virtual only. See dial-in information 

below under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lisa M. Hackley, ASAP Administrative 

Officer, NASA Headquarters, 

Washington, DC 20546, (202) 358–1947 

or lisa.m.hackley@nasa.gov. 

SUPPLEMENTARY INFORMATION: As noted 

above, this meeting is only available 

telephonically. Any interested person 

must use a touch-tone phone to 

participate in this meeting. Any 

interested person may call the USA toll 

free conference call number 888–566– 

6133; passcode 8343253 and then the # 

sign. At the beginning of the meeting, 

members of the public may make a 

verbal presentation to the Panel limited 

to the subject of safety in NASA, not to 

exceed 5 minutes in length. To do so, 

members of the public must contact Ms. 

Lisa M. Hackley at lisa.m.hackley@

nasa.gov or at (202) 358–1947 at least 48 

hours in advance. Any member of the 

public is permitted to file a written 

statement with the Panel via electronic 

submission to Ms. Hackley at the email 

address previously noted. Written 

statements should be limited to the 

subject of safety in NASA. 

The agenda for the meeting includes 

the following topics: 

—Updates on the International Space 

Station Program 

—Updates on the Commercial Crew 

Program 

—Updates on the Moon to Mars 

Program 

It is imperative that the meeting be 

held on this date to accommodate the 

scheduling priorities of the key 

participants. 

Carol J. Hamilton, 

Aerospace Safety Advisory Panel, Executive 

Director, National Aeronautics and Space 

Administration. 

[FR Doc. 2024–02248 Filed 2–2–24; 8:45 am] 

BILLING CODE P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2023–45; MC2024–170 and 

CP2024–176; MC2024–171 and CP2024–177; 

MC2024–172 and CP2024–178; MC2024–173 

and CP2024–179; MC2024–174 and CP2024– 

180] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: February 7, 

2024. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Docketed Proceeding(s) 

I. Introduction 

The Commission gives notice that the 

Postal Service filed request(s) for the 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the Market Dominant or 

the Competitive product list, or the 

modification of an existing product 

currently appearing on the Market 

Dominant or the Competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 


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