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 and metal and nonmetal (MNM) mines.

The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) governs paperwork burdens imposed on the public by Federal agencies for using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, the PRA also establishes policies and procedures of information collection for controlling paperwork burdens imposed by Federal agencies on the public, including evaluating public comments.

B. Information Collection

To fulfill its statutory mandate to promote miners' health and safety, MSHA requires information under the information collection request (ICR) titled “Mine Accident, Injury and Illness Report and Quarterly Mine Employment and Coal Production Report.” This information collection is intended to ensure that MSHA has up to date information, including production, employment, and accidents and injuries that may have occurred at mines. This information allows MSHA and mine operators to monitor safety and health conditions in the mining industry, evaluate the results of health and safety efforts, develop new health and safety standards, establish priorities for technical assistance activities in health and safety, and effectively direct resources to improve safety and health in the mining industry.

Burden costs associated with the ICR include:

1. Notifying MSHA of Accidents

2. Preparing Accident Reports

2-1. Preparing Investigation Reports

2-2. Preparing and Submitting MSHA Form 7000-1

2-3. Preparing Separate Investigation Reports if More than One Miner Involved

3. Preparing and Submitting MSHA Form 7000-2

4. Recordkeeping

Authorization and the associated rule text are described in the following:

1. Notifying MSHA of Accidents

Under section 103(j) of the Mine Act, 30 U.S.C. 813(j), in the event of any accident occurring in any coal or other mine, the operator shall notify the Secretary thereof and shall take appropriate measures to prevent the destruction of any evidence which would assist in investigating the cause or causes thereof.

Under 30 CFR 50.10, the operator shall immediately contact MSHA at once without delay and within 15 minutes at the toll-free number, once the operator knows or should know that an accident has occurred involving: ( printed page 46960)

(a) A death of an individual at the mine;

(b) An injury of an individual at the mine which has a reasonable potential to cause death;

(c) An entrapment of an individual at the mine which has a reasonable potential to cause death; or

(d) Any other accident.

2. Preparing Accident Reports

2-1. Preparing Investigation Reports

Under section 103(d) of the Mine Act, 30 U.S.C. 813(d), all accidents, including unintentional roof falls (except in any abandoned panels or in areas which are inaccessible or unsafe for inspections), shall be investigated by the operator or his agent to determine the cause and the means of preventing a recurrence. Records of such accidents and investigations shall be kept and the information shall be made available to the Secretary or his authorized representative and the appropriate State agency. Such records shall be open for inspection by interested persons. Such records shall include man-hours worked and shall be reported at a frequency determined by the Secretary, but at least annually.

Under 30 CFR 50.11(b), each operator of a mine shall investigate each accident and each occupational injury at the mine. Each operator of a mine shall develop a report of each investigation. No operator may use Form 7000-1 as a report, except that an operator of a mine at which fewer than twenty miners are employed may, with respect to that mine, use Form 7000-1 as an investigation report respecting an occupational injury not related to an accident. No operator may use an investigation or an investigation report conducted or prepared by MSHA to comply with this paragraph. An operator shall submit a copy of any investigation report to MSHA at its request. Each report prepared by the operator shall include information described under 30 CFR 50.11(b)(1) through 50.11(b)(9).

2-2. Preparing and Submitting MSHA Form 7000-1

Under 30 CFR 50.20(a), each operator shall maintain at the mine office a supply of MSHA Mine Accident, Injury, and Illness Report Form 7000-1. These may be obtained from the MSHA District Office. Each operator shall report each accident, occupational injury, or occupational illness at the mine. The principal officer in charge of health and safety at the mine or the supervisor of the mine area in which an accident or occupational injury occurs, or an occupational illness may have originated, shall complete or review the form in accordance with the instructions and criteria under 30 CFR 50.20-1 through 50.20-7. If an occupational illness is diagnosed as being one of those listed in 30 CFR 50.20-6(b)(7), the operator must report it under this part. The operator shall mail completed forms to MSHA within ten working days after an accident or occupational injury occurs or an occupational illness is diagnosed. When an accident specified in 30 CFR 50.10 occurs, which does not involve an occupational injury, sections A, B, and items 5 through 12 of section C of Form 7000-1 shall be completed and mailed to MSHA in accordance with the instructions in 30 CFR 50.20-1 and criteria contained in 30 CFR 50.20-4 through 50.20-6.

2-3. Preparing Separate Investigation Reports if More Than One Miner Involved

Under 30 CFR 50.20(b), each operator shall report each occupational injury or occupational illness on one set of forms. If more than one miner is injured in the same accident or is affected simultaneously with the same occupational illness, an operator shall complete a separate set of forms for each miner affected. To the extent that the form is not self-explanatory, an operator shall complete the form in accordance with the instructions in 30 CFR 50.20-1 and criteria contained in 30 CFR 50.20-2 through 50.20-7.

3. Preparing and Submitting MSHA Form 7000-2

Under 30 CFR 50.30(a), each operator of a mine in which an individual worked during any day of a calendar quarter shall complete a MSHA Form 7000-2 in accordance with the instructions and criteria under 30 CFR 50.30-1 and submit the original to the MSHA, within 15 days after the end of each calendar quarter. These forms may be obtained from the MSHA District Office.

Each operator shall retain an operator's copy at the mine office nearest the mine for 5 years after the submission date.

Under 30 CFR 50.30(b), each operator of a coal mine in which an individual worked during any day of a calendar quarter shall report coal production on Form 7000-2.

4. Recordkeeping

Under 30 CFR 50.40(a), each operator of a mine shall maintain a copy of each [accident] investigation report required to be prepared under 30 CFR 50.11 at the mine office closest to the mine for five years after the concurrence.

Under 30 CFR 50.40(b), each operator shall maintain a copy of each [accident, injury, and illness] report submitted under 30 CFR 50.20 or [quarterly employment and coal production report under] 50.30 at the mine office closest to the mine for five years after submission. Upon request by the MSHA, an operator shall make a copy of any report submitted under 30 CFR 50.20 or 50.30 available to MSHA for inspection or copying.

II. Desired Focus of Comments

MSHA is soliciting comments concerning the proposed information collection titled “Mine Accident, Injury and Illness Report and Quarterly Mine Employment and Coal Production Report.” MSHA 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;
• Evaluate the accuracy of MSHA's estimate of the burden of the proposed 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 ICR is available on https://www.regulations.gov. MSHA cautions commenters 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, 200 Constitution Avenue NW, Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440 to make an appointment.

Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. ( printed page 46961)

III. Current Actions

This ICR concerns provisions for Mine Accident, Injury and Illness Report and Quarterly Mine Employment and Coal Production Report. MSHA has updated the data with respect to the number of respondents, responses, time burden, and burden costs supporting this ICR from the previous ICR.

Type of Review: Extension, without change, of a currently approved collection.

Agency: Mine Safety and Health Administration.

OMB Control Number: 1219-0007.

Affected Public: Business or other for-profit entity.

Number of Annual Respondents: 20,937.

Frequency: On occasion.

Number of Annual Responses: 105,541.

Annual Time Burden: 124,392 hours.

Annual Recordkeeping Costs: $8,404.

MSHA Form(s): MSHA Form 7000-1, Mine Accident, Injury, and Illness Report; MSHA Form 7000-2, Quarterly Mine Employment and Coal. Production 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 ICR; they will become a matter of public record and be available at https://www.reginfo.gov.

91 FR 46959