1219-0150 60-Day FRN Published 5-29-2025

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Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices

of these tests must be maintained at an
appropriate location.
5. Certifying Mine Emergency Response
Training
Under 30 CFR 75.1501(a), for each
shift that miners work underground,
there must be in attendance a
responsible person designated by the
mine operator to take charge during
mine emergencies involving a fire,
explosion, or gas or water inundation.
Under 30 CFR 75.1501(a)(2), the
responsible person must be trained
annually in a course of instruction in
mine emergency response, as prescribed
by MSHA’s Office of Educational Policy
and Development. Further, under
75.1051(a)(3), the operator must certify
by signature and date after each
responsible person has completed the
training and keep the certification at the
mine for 1 year.

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6. Submitting Mine Emergency
Evacuation and Firefighting Program of
Instruction for MSHA Approval
Under 30 CFR 75.1502, each operator
of an underground coal mine must
adopt and follow a mine emergency
evacuation and firefighting program that
instructs all miners in the proper
procedures they must follow if a mine
emergency occurs.
Under 30 CFR 75.1502(a), the operator
must submit the program of instruction,
and any revisions, for approval to the
District Manager in which the mine is
located. Within 30 days of approval, the
operator must conduct training in
accordance with the revised program.
Additionally, under 30 CFR
75.1502(b), before implementing any
new or revised approved provision in
the program of instruction, the operator
must instruct miners regarding the
change.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection titled ‘‘Underground Coal
Mine Fire Protection’’. 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

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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, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 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 information collection request
concerns provisions for Underground
Coal Mine Fire Protection. 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: 1219–0054.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 148.
Frequency: On occasion.
Number of Annual Responses:
143,039.
Annual Time Burden: 15,878 hours.
Annual Other Burden Costs: $63.
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. 2025–09594 Filed 5–28–25; 8:45 am]
BILLING CODE 4510–43–P

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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0150]

Proposed Extension of Information
Collection: Pattern of Violations
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 for all information
collections, to provide the 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 titled Pattern of Violations.
DATES: All comments must be received
on or before July 28, 2025.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
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–
2025–0013.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
• 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:

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 tollfree numbers.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

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Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices
I. Background

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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.
The Paperwork Reduction Act (PRA)
governs paperwork burdens imposed by
Federal agencies on the public for using
identical questions to collect
information from 10 or more persons.
Paperwork burden is defined 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, policies and
procedures of information collection are
established for controlling paperwork
burdens imposed by Federal agencies on
the public, including evaluating public
comments.
B. Information Collection
To fulfill the statutory mandates to
promote miners’ health and safety,
MSHA requires information under the
information collection request (ICR)
titled ‘‘Pattern of Violations’’. The
information collection is intended to
use the written corrective action
programs (CAP) developed by mine
operators to monitor the progress and
effectiveness of operators’ efforts to
avoid the issuance of pattern of
violations (POV) and to restore safe and
healthful working conditions in their
mines.
The Mine Act requires mine operators
to take the ultimate responsibility of
ensuring the safety and health of
miners. Under 30 CFR part 104, the
criteria and procedures to determine
whether a mine operator has established
a recurring pattern of significant and
substantial (S&S) violations of
mandatory health and safety standards
at the mine. An S&S violation is a type
of violation that is regarded to be
reasonably likely to result in a serious
injury or illness. 30 CFR part 104
implements section 104(e) of the Mine
Act, 30 U.S.C. 814(e), regarding POV by
addressing mines with an inspection
history of recurrent S&S violations that
demonstrate a mine operator’s disregard

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for the health and safety of miners.
MSHA uses the POV provisions to
effectively restore safe and healthy
conditions at mines with an established
pattern of S&S violations.
Burden costs associated with the ICR
includes:
1. Mine operators developing and
reviewing caps for MSHA approval and
progress review;
2. MSHA issuing POV notices and
withdrawal orders;
3. Mine operators posting POV
notices; and
4. MSHA posting POV criteria.
Authorization and the associated rule
text are described below.
1. Mine Operators Developing and
Reviewing CAPs for MSHA Approval
and Progress Review
Under 30 CFR 104.2(a), at least once
each year, MSHA will review the
compliance and accident, injury, and
illness records of mines to determine if
any mines meet the POV criteria.
MSHA’s review to identify mines with
a pattern of S&S violations will include:
(i) Citations for S&S violations;
(ii) Orders under section 104(b) of the
Mine Act for not abating S&S violations;
(iii) Citations and withdrawal orders
under section 104(d) of the Mine Act,
resulting from the mine operator’s
unwarrantable failure to comply;
(iv) Imminent danger orders under
section 107(a) of the Mine Act;
(v) Orders under section 104(g) of the
Mine Act requiring withdrawal of
miners who have not received training
and who MSHA declares to be a hazard
to themselves and others;
(vi) Enforcement measures, other than
section 104(e) of the Mine Act, that have
been applied at the mine;
(vii) Other information that
demonstrates a serious safety or health
management problem at the mine, such
as accident, injury, and illness records;
and
(viii) Mitigating circumstances.
A POV notice could result in a
temporary closure of the mine or
sections of the mine. When a mine
operator determines that the mine is
likely to be issued a POV notice soon (a
POV calculator is available on MSHA
website, https://www.msha.gov/dataand-reports/data-sources-andcalculators/pov-calculator), the operator
usually chooses to work with MSHA to
develop and submit a written CAP to
the District Manager for approval.
An approved CAP is one of the
mitigating circumstances of 30 CFR
104.2(a)(8) that MSHA considers when
determining whether to issue a POV
notice. The CAP is submitted to MSHA
to demonstrate planned actions by the

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operator to address known health and
safety violations. The CAP encourages
operators to take proactive measures to
bring their mines into compliance.
Positive CAP results in reducing S&S
violations will allow MSHA to monitor
demonstrated progress of operator
efforts to restore safe and healthful
conditions.
2. MSHA Issuing POV Notices and
Withdrawal Orders
Under 30 CFR 104.3(a), when a mine
has a POV, the District Manager will
issue a POV notice to the mine operator
that specifies the basis for the Agency’s
action. The District Manager will also
provide a copy of this notice to the
representative of miners.
Under 30 CFR 104.3(c), if MSHA finds
any S&S violation within 90 days after
issuance of the POV notice, MSHA will
issue an order for the withdrawal of all
persons from the affected area, except
those exempted persons referred to in
section 104(c) of the Mine Act, until the
violation has been abated.
Under 30 CFR 104.3(d), if a
withdrawal order is issued, any
subsequent S&S violation will result in
a withdrawal order that will remain in
effect until MSHA determines that the
violation has been abated.
3. Mine Operators Posting POV Notices
Under 30 CFR 104.3(b), the mine
operator must post the POV notice on
the mine bulletin board. The POV notice
must remain posted at the mine until
terminated by MSHA.
4. MSHA Posting POV Criteria
Under 30 CFR 104.2(b), MSHA will
post the specific pattern criteria on its
website. The criteria has been posted
(https://www.msha.gov/complianceand-enforcement/pattern-violationspov) and no further cost is involved.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection titled ‘‘Pattern of Violations’’.
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

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22762

Federal Register / Vol. 90, No. 102 / Thursday, May 29, 2025 / Notices

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 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, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 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.

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III. Current Actions
This information collection request
concerns provisions for Pattern of
Violations. 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: 1219–0150.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 15.
Frequency: On occasion.
Number of Annual Responses: 21.
Annual Time Burden: 1,664 hours.
Annual Other Burden Costs $2,801.
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. 2025–09596 Filed 5–28–25; 8:45 am]
BILLING CODE 4510–43–P

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DEPARTMENT OF LABOR

SUPPLEMENTARY INFORMATION:

Mine Safety and Health Administration

I. Background

[OMB Control No. 1219–0011]

A. Legal Authority

Proposed Extension of Information
Collection: Respirable Coal Mine Dust
Sampling
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 for all information
collections, to provide the 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 titled ‘‘Respirable Coal Mine
Dust Sampling’’.
DATES: All comments must be received
on or before July 28, 2025.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
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–
2025–0026.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
• 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:

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 tollfree numbers.

FOR FURTHER INFORMATION CONTACT:

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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.
The Paperwork Reduction Act (PRA)
governs paperwork burdens imposed by
Federal agencies on the public for using
identical questions to collect
information from 10 or more persons.
Paperwork burden is defined 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, policies and
procedures of information collection are
established for controlling paperwork
burdens imposed by Federal agencies on
the public, including evaluating public
comments.
B. Information Collection
To fulfill the statutory mandates to
promote miners’ health and safety,
MSHA requires information under the
information collection request (ICR)
titled ‘‘Respirable Coal Mine Dust
Sampling’’. The information collection
is intended to ascertain coal mine dust
levels and to ensure coal miners are not
exposed to excessive levels of respirable
coal mine dust.
Chronic excessive exposure to
respirable coal mine dust causes lung
diseases including coal workers’
pneumoconiosis (CWP), emphysema,
silicosis, and chronic bronchitis. These
diseases, known collectively as ‘‘black
lung,’’ are debilitating and can result in
severe disability and premature death.
While considerable progress has been
made in lowering dust levels over time,
severe cases of black lung continue to be
identified. Information from the
federally funded Coal Workers’ Health
Surveillance Program administered by
the National Institute for Occupational
Safety and Health (NIOSH) indicates
that black lung remains an occupational
health risk among coal miners.
MSHA’s standards in 30 CFR parts 70
and 71 require each operator of

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