1219-0040 60-Day FRN Published 10-4-2024

Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0040]

I. Background

Proposed Extension of Information
Collection; Independent Contractor
Registration and Identification

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.

Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

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.
SUMMARY:

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(facsimile). These are not toll-free
numbers.
SUPPLEMENTARY INFORMATION:

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

FOR FURTHER INFORMATION CONTACT:

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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

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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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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.

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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.

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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
Mine Safety and Health
Administration, Labor.

AGENCY:

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ACTION:

Notice.

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.
SUMMARY:

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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