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 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 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.

The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) governs paperwork burdens imposed on the public by Federal agencies when using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as the 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 for information collection to control 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 OMB request titled “Certification and Qualification to Examine, Test, Operate Hoists and Perform Other Duties.” This information collection is intended to ensure that only those qualified or certified to perform duties requiring specialized expertise at coal mines are authorized to conduct examinations for hazardous conditions, conduct tests for methane and oxygen deficiency, conduct tests for air flow, atmospheric monitoring systems (AMS) operation, perform electrical work, repair energized surface high-voltage lines, and perform duties of hoisting engineer.

Burden costs associated with the ICR include:

1. Submitting MSHA Form 5000-41

2. Updating Lists of Certified and Qualified Persons

3. Developing Training Plans

The associated standards that authorize the collection of information are described below.

1. Submitting MSHA Form 5000-41

1-1. Certifying Persons

Defining Certified Persons

Under 30 75.100(a), [at underground coal mines] the provisions of Subpart D—Ventilation of this part 75 require that certain examinations and tests be made by a certified person. A certified person within the meaning of those provisions is a person who has been certified as a mine foreman (mine manager), an assistant mine foreman (section foreman), or a preshift examiner (mine examiner). A person who has been so certified is also a qualified person within the meaning of those provisions of subpart D of this part which require that certain tests be made by a qualified person and within the meaning of 30 CFR 75.1106 regarding welding, cutting, or soldering with arc or flame underground.

Under 30 CFR 77.100(a)(1), [at surface coal mines] the provisions of this Part 77 require that certain examinations and tests be made by a certified person. A certified person within the meaning of these provisions is a person who has been certified to perform the duties, and make the required examinations and tests to be performed by a certified person.

Under 30 CFR 77.100(a)(2), a person who has been so certified shall also be considered to be a qualified person within the meaning of those provisions of this Part 77 which require that certain examinations, tests and duties be performed by a qualified person, except those provisions in Subparts F, G, H, I, and J of this part relating to performance of electrical work.

MSHA Certifying Persons

Under 30 CFR 75.100(c)(1), [at underground coal mines] the Secretary may certify persons in the categories of mine foreman, assistant mine foreman, and preshift examiner whenever the State in which persons are presently employed in these categories does not provide for such certification. A person's initial certification by MSHA is valid for as long as the person continues to satisfy the requirements necessary to obtain the certification and is employed at the same coal mine or by the same independent contractor. The mine operator or independent contractor shall make an application which satisfactorily shows that each such person has had at least 2 years underground experience in a coal mine, and has held the position of mine foreman, assistant mine foreman, or preshift examiner for a period of 6 months immediately preceding the filing of the application, and is qualified to test for methane and for oxygen deficiency. Applications for Secretarial certification should be submitted in writing to MSHA.

Under 30 CFR 77.100(b)(2), pending issuance of Federal standards, a person will be considered, to the extent of the certification, a certified person to make examinations, tests and perform duties which are required by this Part 77 to be performed by a certified person, if this person has been certified for such purpose by the Secretary. A person's initial certification is valid for as long as the person continues to satisfy the requirements necessary to obtain the certification and is employed at the same coal mine or by the same independent contractor. The mine operator or independent contractor shall make an application which satisfactorily shows that each such person has had at least 2 years experience at a coal mine or equivalent experience, and that each such person demonstrates to the satisfaction of an authorized representative of the Secretary that such person is able and competent to test for oxygen deficiency with a permissible flame safety lamp, or any other device approved by the Secretary and to test for methane with a portable methane detector approved by MSHA and to perform such other duties for which ( printed page 61461) application for certification is made. Applications for certification by the Secretary should be submitted in writing to MSHA.

1-2. Qualifying Persons for Methane and Oxygen Testing

Defining Certified Persons for Methane and Oxygen Testing

Under 30 CFR 75.150(a), [at underground coal mines] the provisions of Subpart D—Ventilation of this part and 30 CFR 75.1106 require that tests for methane and for oxygen deficiency be made by a qualified person. A person is a qualified person for this purpose if he is a certified person under 30 CFR 75.100.

Under 30 CFR 77.101(a), [at surface coal mines] the provisions of Subparts C, P, R, and T of this Part 77 require that tests for methane and for oxygen deficiency be made by a qualified person. A person is a qualified person for these purposes if he is a certified person.

MSHA Certifying Persons for Methane and Oxygen Testing

Under 30 CFR 75.150(b)(2), [at underground coal mines] the Secretary may qualify persons for [testing for methane and for oxygen deficiency] in a coal mine in which persons are not qualified for this purpose by the State upon an application and a satisfactory showing by the operator of the coal mine that each such person has been trained and designated by the operator to test for methane and oxygen deficiency and has made such tests for a period of 6 months immediately preceding the application. Applications for Secretarial qualification should be submitted to MSHA.

Under 30 CFR 77.101(b)(2), [at surface coal mines] pending issuance of Federal standards, a person will be considered a qualified person for testing for methane and oxygen deficiency, if he has been qualified by the Secretary for these purposes upon a satisfactory showing by the operator of the coal mine that each such person has been trained and designated by the operator to test for methane and oxygen deficiency. Applications for Secretarial qualification should be submitted in writing to MSHA.

1-3. Qualifying Persons for Air Flow Testing at Underground Coal Mines

Under 30 CFR 75.152, A person is a qualified person within the meaning of the provisions of Subpart D—Ventilation of this part requiring that tests of air flow be made by a qualified person only if he is a certified person under section 75.100 or a person trained and designated by a certified person to perform such tests.

1-4. Qualifying Persons for Hoist Equipment

Defining Qualified Persons for Operating Hoist Equipment

Under 30 CFR 75.155(a)(2) and (b)(2), [at underground coal mines] if a State has no program for qualifying persons as steam-hoisting or electrically driven engineers, the Secretary may qualify persons for this purpose if the operator of the coal mine in which such persons are employed, or the independent contractor, makes an application and a satisfactory showing that each such person has had 1 year experience in operating steam-driven or electrically driven hoists and has held the position of hoisting engineer for a period of 6 months immediately preceding the application. A person's qualification is valid for as long as this person continues to satisfy the requirements necessary for qualification and is employed at the same coal mine or by the same independent contractor.

Under 30 CFR 77.105(a)(2), [at surface coal mines] if a State has no program for qualifying persons as hoistmen, the Secretary may qualify persons if the operator of the slope or shaft-sinking operation makes an application and a satisfactory showing that the person has had 1 year of experience operating hoists. A person's qualification is valid for as long as the person continues to satisfy the requirements for qualification and is employed at the same coal mine or by the same independent contractor.

MSHA Qualifying Persons for Operating Hoist Equipment

Under 30 CFR 75.155(c) and 77.105(b), applications for Secretarial qualification should be submitted to MSHA.

MSHA Form 5000-41, Safety and Health Activity Certification or Hoisting Engineers Qualification Request Form, is used to certify miners to be a mine foreman, assistant mine foreman, or a preshift examiner, or for a miner to be qualified to perform certain tasks.

2. Updating Lists of Certified and Qualified Persons

Under 30 CFR 75.159 and 77.106, the operator of each coal mine shall maintain a list of all certified and qualified persons designated to perform duties.

3. Developing Training Plans

Under 30 CFR 75.160, every operator of an [underground] coal mine shall provide a program, approved by the Secretary, of training and retraining of both qualified and certified persons needed to carry out functions prescribed in the Act.

Under 30 CFR 75.161, each operator [of an underground coal mine] must submit to the district manager, of the Coal Mine Safety and Health District in which the mine is located, a program or plan setting forth what, when, how, and where the operator will train and retrain persons whose work assignments require that they be certified or qualified. The program must provide—

(a) For certified persons, annual training courses in first aid, principles of mine rescue, and the provisions of this part 75; and

(b) For qualified persons, annual courses in performance of the task which they perform as qualified persons.

Under 30 CFR 77.107, every operator of a [surface] coal mine shall provide a program, approved by the Secretary, of training and retraining both qualified and certified persons needed to carry out functions prescribed in the Act.

Under 30 CFR 77.107-1, each operator [of a surface coal mine] must submit to the district manager, of the Coal Mine Safety and Health District in which the mine is located, a program or plan setting forth what, when, how, and where the operator will train and retrain persons whose work assignments require that they be certified or qualified. The program must provide—

(a) For certified persons, annual training courses in the tasks and duties which they perform as certified persons, first aid, and the provisions of this part 77; and

(b) For qualified persons, annual courses in performance of the tasks which they perform as qualified persons.

II. Desired Focus of Comments

MSHA is soliciting comments concerning the proposed information collection titled “Certification and Qualification to Examine, Test, Operate Hoists and Perform Other Duties.” 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 ( printed page 61462)
• 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 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 www.regulations.gov and 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.

III. Current Actions

This ICR concerns provisions for Certification and Qualification to Examine, Test, Operate Hoists and Perform Other Duties. 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: 1219-0127.

Affected Public: Business or other for-profit entity.

Number of Annual Respondents: 867.

Frequency: On occasion.

Number of Annual Responses: 3,818.

Annual Time Burden: 351 hours.

Annual Recordkeeping Costs: $31.

MSHA Form(s): MSHA Form 5000-41, Safety and Health Activity Certification or Hoisting Engineers Qualification Request Form.

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 www.reginfo.gov.

91 FR 61459