10102 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 

2See Consumer Price Index—December 2023, 

published January 11, 2024, available at https:// 

www.bls.gov/news.release/archives/cpi_

01112024.pdf. 

3 In 2023, the maximum allowable charge under 

20 CFR 655.122(g) and 655.173 was $15.46 per day. 

See 88 FR 8478 (Feb. 9, 2023). 

The Office of Foreign Labor Certification 

(OFLC) Certifying Officer may also 

permit an employer to charge workers a 

higher amount for providing them with 

three meals a day if the higher amount 

is justified and sufficiently documented 

by the employer, as set forth in 20 CFR 

655.173(b). 

The percentage change in the CPI–U 

for Food between December 2022 and 

December 2023 was 2.7% percent.2

Thus, the annual update to the H–2A 

allowable meal charge is calculated by 

multiplying the current allowable meal 

charge ($15.46) by the 12-month 

percentage change in the CPI–U for 

Food between December 2022 and 

December 2023 ($15.46 × 1.027 = 

$15.88.3 Accordingly, the updated 

maximum allowable charge under 20 

CFR 655.122(g) and 655.173 is $15.88 

per day, and an employer is not 

permitted to charge a worker more than 

$15.88 per day unless the OFLC 

Certifying Officer approves a higher 

charge, as authorized under 20 CFR 

655.173(b). 

Reimbursement for Travel-Related 

Subsistence 

H–2B and H–2A employers must pay 

reasonable travel and subsistence costs, 

including the costs of meals and 

lodging, incurred by workers during 

travel to the place of employment from 

the place from which the worker has 

come to work for the employer and from 

the place of employment to the place 

from which the worker departed to work 

for the employer, as well as any such 

costs incurred by the worker incident to 

obtaining a visa authorizing entry to the 

United States for the purpose of H–2A 

or H–2B employment. See 20 CFR 

655.122(h)(1) and (2) and 655.20(j)(1)(i) 

and (ii). 

Specifically, an H–2A employer is 

responsible for providing, paying in 

advance, or reimbursing a worker for the 

reasonable costs incurred by the worker 

for transportation and daily travelrelated subsistence from the place from 

which the worker has come to work for 

the employer, if the worker completes 

50 percent of the work contract period. 

20 CFR 655.122(h)(1). In general, the 

employer must provide (or pay at the 

time of departure) the worker’s 

transportation and daily travel-related 

subsistence from the place of 

employment to the place from which 

the worker departed to work for the 

employer upon the worker completing 

the contract or being terminated without 

cause. 20 CFR 655.122(h)(2). 

Similarly, an H–2B employer is 

responsible for providing, paying in 

advance, or reimbursing a worker for 

transportation and daily travel-related 

subsistence from the place from which 

the worker has come to work for the 

employer, if the worker completes 50 

percent of the job order period. 20 CFR 

655.20(j)(1)(i). Upon the worker 

completing the job order period or being 

dismissed early (for any reason), the 

employer is generally responsible for 

providing (or paying at the time of 

departure) the worker’s cost of return 

transportation and daily travel-related 

subsistence from the place of 

employment to the place from which 

the worker departed to work for the 

employer. 20 CFR 655.20(j)(1)(ii). 

The amount of the daily subsistence 

must be at least the amount permitted 

in 20 CFR 655.173(a) (or the higher 

amount approved under 20 CFR 

655.173(b), if any). The maximum daily 

amount an employer is required to 

reimburse workers for travel-related 

lodging and subsistence, as evidenced 

with receipts, is equal to the standard 

Continental United States (CONUS) per 

diem rate, as established by the General 

Services Administration (GSA) at 41 

CFR part 301, formerly published in 

Appendix A and now found at https:// 

www.gsa.gov/travel/plan-book/perdiem-rates. See Maximum Per Diem 

Reimbursement Rates for the 

Continental United States, 88 FR 56629 

(Aug. 18, 2023). The standard CONUS 

meals and incidental expenses rate is 

$59.00 per day for 2024. See 88 FR 

56629, 56630. Workers who qualify for 

travel reimbursement are entitled to 

reimbursement for meals up to the 

standard CONUS meals and incidental 

expenses rate when they provide 

receipts. In determining the appropriate 

amount of reimbursement for meals for 

less than a full day, the employer may 

limit the meal expense reimbursement, 

with receipts, to 75 percent of the 

maximum reimbursement for meals, or 

$44.25, based on the GSA per diem 

schedule. See https://www.gsa.gov/ 

travel/plan-book/per-diem-rates. If a 

worker does not provide receipts, the 

employer is not obligated to reimburse 

above the minimum stated at 20 CFR 

655.173, as specified above. 

If transportation and lodging are not 

provided by the employer, the amount 

an employer must pay for transportation 

and, where required, lodging must be no 

less than (and is not required to be more 

than) the most economical and 

reasonable costs. The employer is 

responsible for those costs necessary for 

the worker to travel to the worksite if 

the worker completes 50 percent of the 

work contract period but is not 

responsible for unauthorized detours. 

The employer also is responsible for the 

costs of return transportation and 

subsistence, including lodging costs 

where necessary, as described above. 

These requirements apply equally to 

instances where the worker is traveling 

within the U.S. or internationally to the 

employer’s worksite. See 20 CFR 

655.122(h)(1) and (2) and 655.20(j)(1)(i) 

and (ii). 

For further information on when the 

employer is responsible for lodging 

costs, please see the DOL’s Meal 

Charges and Travel Subsistence, on 

OFLC’s website at https://www.dol.gov/ 

agencies/eta/foreign-labor/wages/mealstravel-subsistence, and H–2B Frequently 

Asked Questions on Job Offers and 

Employer Obligations, on OFLC’s 

website at https://www.dol.gov/ 

agencies/eta/foreign-labor/faqs/print. 

Authority: 20 CFR 655.173. 

Brent Parton, 

Principal Deputy Assistant Secretary for 

Employment and Training, Labor. 

[FR Doc. 2024–02893 Filed 2–12–24; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; General Inquiries to State 

Agency Contacts 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Bureau of Labor 

Statistics (BLS)-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 the agency 

receives on or before March 14, 2024. 

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 


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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 10103 

the functions of the Department, 

including whether the information will 

have practical utility; (2) 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; (3) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(4) 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: 

Nicole Bouchet by telephone at 202– 

693–0213, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: BLS 

awards funds to State Agencies in order 

to assist them in operating Labor Market 

Information and/or Occupational Safety 

and Health Statistics Federal/State 

cooperative statistical programs. To 

ensure a timely flow of information and 

to be able to evaluate and improve the 

programs, it is necessary to conduct 

ongoing communications between BLS 

and the State partners dealing with, for 

example, deliverables, program 

enhancements, and administrative 

issues. For additional substantive 

information about this ICR, see the 

related notice published in the Federal 

Register on December 4, 2023 (88 FRN 

84172). 

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. 

Agency: DOL–BLS. 

Title of Collection: General Inquiries 

to State Agency Contacts. 

OMB Control Number: 1220–0168. 

Affected Public: State, Local, and 

Tribal Governments. 

Total Estimated Number of 

Respondents: 54. 

Total Estimated Number of 

Responses: 23,890. 

Total Estimated Annual Time Burden: 

15,927 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

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

Nicole Bouchet, 

Senior Paperwork Reduction Act Analyst. 

[FR Doc. 2024–02891 Filed 2–12–24; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety 

Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before March 14, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2023– 

0056 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2023–0056. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, 4th Floor West, Arlington, 

Virginia 22202–5452, Attention: S. 

Aromie Noe, Director, Office of 

Standards, Regulations, and Variances. 

Persons delivering documents are 

required to check in at the receptionist’s 

desk in 4th Floor West. Individuals may 

inspect copies of the petition and 

comments during normal business 

hours at the address listed above. 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. 

FOR FURTHER INFORMATION CONTACT: S. 

Aromie Noe, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Petitionsformodification@

dol.gov (email), or 202–693–9441 (fax). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and title 30 of the 

Code of Federal Regulations (CFR) part 

44 govern the application, processing, 

and disposition of petitions for 

modification. 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary of Labor 

determines that: 

1. An alternative method of achieving 

the result of such standard exists which 

will at all times guarantee no less than 

the same measure of protection afforded 

the miners of such mine by such 

standard; or 

2. The application of such standard to 

such mine will result in a diminution of 

safety to the miners in such mine. 

In addition, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petition for Modification 

Docket Number: M–2023–027–C. 

Petitioner: Mountain Coal Company, 

LLC, 5174 Highway 133, Somerset, 

Colorado 81434. 

Mine: West Elk Mine, MSHA ID No. 

05–03672, located in Gunnison County, 

Colorado. 

Regulation Affected: 30 CFR 

18.35(a)(5)(i) (Portable (trailing) cables 

and cords). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

18.35(a)(5)(i) to increase the length of 

tailing cables to a maximum of 1,100 

feet for mobile roof support machines 

and shuttle cars. 

The petitioner states that: 

(a) The petitioner has a previously 

granted petition for modification, docket 

number M–2012–036–C, to use trailing 

cables supplying three-phase, 995-volt 

AC power to continuous machines, roof 

bolting machines, and auxiliary face 

fans and 575-volt AC power to roof 

bolting machines and auxiliary face 

fans. 

(b) The petitioner is now requesting to 

add four Fletcher Mobile Roof Support 

machines, model MRS17, and Komatsu 

10SC32 shuttle cars. The Fletcher 

Mobile Roof Support machines and 

Komatsu 10SC32 shuttle cars will be 

used under the same terms and 

conditions listed in the previously 

granted petition. 

The petitioner proposes the following 

alternative method: 

(a) The maximum trailing cable length 

shall be 1,100 feet for the No. 4 trailing 

cables for the mobile roof support 

machines and the No. 2 trailing cables 

for the shuttle cars. 

(c) All circuit breakers used to protect 

the No. 4 trailing cables exceeding 1,000 

feet for the 995-volt mobile roof support 


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