Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80949 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

[OMB Control No. 1219–0040] 

Proposed Extension of Information 

Collection; Independent Contractor 

Registration and Identification 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Request for public comments. 

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 

entitled Independent Contractor 

Registration and Identification. 

DATES: All comments must be received 

on or before December 3, 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. 

• Federal E-Rulemaking Portal: 

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

on-line instructions for submitting 

comments for docket number MSHA– 

2024–0020. 

• Mail/Hand Delivery: DOL–MSHA, 

Office of Standards, Regulations, and 

Variances, 201 12th Street South, 4th 

Floor West, 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. 

• 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

.collections@dol.gov (email); (202) 693– 

9440 (voice); or (202) 693–9441 

(facsimile). These are not toll-free 

numbers. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Legal Authority 

Section 103(h) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) as amended, 30 U.S.C. 813(h), 

authorizes the Mine Safety and Health 

Administration (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, metal, and nonmetal 

mines. 

B. Information Collection 

In order to fulfill the statutory 

mandates to promote miners’ health and 

safety, MSHA requires the collection of 

information under the information 

collection request entitled Independent 

Contractor Registration and 

Identification. The information 

collection is intended to ensure that 

MSHA can identify independent 

contractors in metal and nonmetal 

(MNM) mines and have records where 

they have worked. 

Independent contractors perform 

services or construction at a mine. They 

may be engaged in any type of work 

performed at a mine, including 

activities such as clearing land, 

excavating ore, processing minerals, 

maintaining or repairing equipment, or 

constructing new buildings or new 

facilities, such as shafts, hoists, 

conveyors, or kilns. 

Independent contractors vary in the 

number of their employees, the type of 

work performed, and the time spent 

working at mine sites. Some 

independent contractors work only at 

mines while others may work one time 

at a mine and never return to MSHA 

jurisdiction. Independent contractors 

may also move from mine to mine or 

may be present at several mines at once. 

The work performed at mines can 

pose serious dangers to independent 

contractors’ employees. From January 1, 

2018, through December 31, 2023, 192 

mine workers were fatally injured in 

mining accidents; 40 of those were 

employed by independent contractors. 

Under 30 CFR 45.3, independent 

contractors may follow the specified 

requirements to obtain an MSHA 

identification number and procedures 

for service of documents upon 

independent contractors. The purpose 

of this rule is to facilitate 

implementation of MSHA’s enforcement 

policy of holding independent 

contractors responsible for violations 

committed by them and their 

employees. 

1. Obtaining Contractor Identification 

Numbers (MSHA Form 7000–52) 

In order to ensure that independent 

contractors are responsible for any 

employee violations while working at 

mines, contractor identification 

numbers (INs) are given to employees, 

either voluntarily, or issues during the 

first citation of that employee. 

Under 30 CFR 45.2, an independent 

contractor is defined as ‘‘any person, 

partnership, corporation, subsidiary of a 

corporation, firm, association or other 

organization that contracts to perform 

services or construction at a mine.’’ 

Under 30 CFR 45.3, independent 

contractors may voluntarily obtain a 

permanent identification number by 

submitting to MSHA District Manager in 

writing the following information: 

(i) The trade name and business 

address; 

(ii) An address of record for service of 

documents; 

(iii) A telephone number where they 

can be contacted; and 

(iv) The estimated annual hours 

worked by the independent contractor 

on mine property for the previous 

calendar year. 

MSHA assigns an identification 

number (IN) to an independent 

contractor if the contractor requests one 

or, if not requested, the Agency issues 

an IN the first time the independent 

contractor is cited for a violation of 

either a mandatory standard or the Mine 

Act. An independent contractor 

applying for IN numbers must submit 

MSHA Form 7000–52. 

2. Independent Contractor Register 

Disclosure 

Information on all independent 

contractors working at a mine must be 

available to the production-operator at 

all times. Therefore, contractors must 

submit information to the productionoperator. 

Under 30 CFR 45.2, a productionoperator is defined as ‘‘any owner, 

lessee, or other person who operates, 

controls or supervises a coal or other 

mine.’’ Under 30 CFR 45.4(a), each 

independent contractor must provide to 

the production-operator in writing the 

following information: 

(i) The trade name, business address, 

and business telephone number; 


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80950 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

(ii) A description of the nature of the 

work and a location at the mine where 

the work is to be performed; 

(iii) MSHA independent contractor 

IN, if any; and 

(iv) The independent contractor’s 

business address of record for service of 

citations, or other documents involving 

the independent contractor. 

3. Recordkeeping of Independent 

Contractors 

Once independent contractors send 

the correct information to the 

production-operator, it is the 

production-operators’ responsibility to 

keep the information, in writing at the 

mine, for each independent contractor 

at the mine. 

Under 30 CFR 45.4(b), the productionoperator must maintain certain 

information, provided by the 

independent contractor as required by 

30 CFR 45.4(a), concerning each 

independent contractor at the mine. The 

information must be made available by 

the production-operator to any MSHA 

inspector upon request. 

II. Desired Focus of Comments 

MSHA is soliciting comments 

concerning the proposed information 

collection related to Independent 

Contractor Registration and 

Identification. MSHA is particularly 

interested in comments that: 

• 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; 

• Evaluate the accuracy of MSHA’s 

estimate of the burden of the collection 

of information, including the validity of 

the methodology and assumptions used; 

• Suggest methods to enhance the 

quality, utility, and clarity of the 

information to be collected; and 

• 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 https://

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 https://

www.regulations.gov and https://

www.reginfo.gov. 

The public may also examine publicly 

available documents at DOL–MSHA, 

Office of Standards, Regulations and 

Variances, 201 12th Street South, 4th 

Floor West, Arlington, VA 22202–5452. 

Sign in at the receptionist’s desk on the 

4th Floor via the West 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 CONTACT section of this 

notice. 

III. Current Actions 

This information collection request 

concerns provisions for Independent 

Contractor Registration and 

Identification. MSHA has updated the 

data with respect to the number of 

respondents, responses, time burden, 

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: 1219–0040. 

Affected Public: Business or other forprofit. 

Number of Annual Respondents: 

22,792. 

Frequency: On occasion. 

Number of Annual Responses: 

167,801. 

Annual Time Burden: 18,220 hours. 

Annual Other Burden Costs: $989. 

MSHA Form: MSHA Form 7000–52, 

Contractor Identification (IN) Request. 

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 be available at https:// 

www.reginfo.gov. 

Song-ae Aromie Noe, 

Certifying Officer, Mine Safety and Health 

Administration. 

[FR Doc. 2024–22921 Filed 10–3–24; 8:45 am] 

BILLING CODE 4510–43–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 Hamilton 

County Coal, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before November 4, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0040 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0040. 

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, Suite 4E401, 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, 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 


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