30-day FRN (1219-0009) published

30-day FRN (1219-0009) published.pdf

Training Plans and Records of Training, for Underground Miners and Miners Working at Surface Mines and Surface Areas of Underground Mines

30-day FRN (1219-0009) published

OMB: 1219-0009

Document [pdf]
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Notices
[email protected] or by
telephoning (202) 693–8641. Oral
presentations will be limited to ten
minutes, time permitting, but an
extended statement may be submitted
for the record.
Individuals who need special
accommodations should contact the
Executive Secretary no later than
Monday, April 19, 2021, via email to
[email protected] or by
telephoning (202) 693–8641.
For more information about the
meeting, contact the Executive Secretary
via email to [email protected]
or by telephoning (202) 693–8641.
Signed at Washington, DC, this 11th day of
March, 2021.
Ali Khawar,
Principal Deputy Assistant Secretary,
Employee Benefits Security Administration.
[FR Doc. 2021–05474 Filed 3–16–21; 8:45 am]
BILLING CODE 4510–29–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Training
Plans and Records of Training, for
Underground Miners and Miners
Working at Surface Mines and Surface
Areas of Underground Mines
Notice of availability; request
for comments.

ACTION:

The Department of Labor
(DOL) is submitting this Mining Safety
and Health Administration (MSHA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before April 16, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the

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information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Anthony May by telephone at 202–693–
4129 (this is not a toll-free number) or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Section
103(h) of the Federal Mine Safety and
Health Act of 1977, as amended (Mine
Act), 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, 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 or other mines. The
Mine Act recognizes that education and
training is an important element of
efforts to make the nation’s mines safe.
Section 115(a) of the Mine Act states
that ‘‘each operator of a coal or other
mine shall have a health and safety
training program which shall be
approved by the Secretary.’’
Title 30 CFR 48.3 and 48.23 require
training plans for underground and
surface mines, respectively. These
standards are intended to ensure that
miners will be effectively trained in
matters affecting their health and safety,
with the ultimate goal of reducing the
occurrence of injury and illness in the
nation’s mines. Training plans are
required to be submitted for approval to
the MSHA District Manager for the area
in which the mine is located. Plans
must contain the following: (1)
Company name; (2) mine name; (3)
MSHA identification number of the
mine; (4) the name and position of the
person designated by the operator who
is responsible for health and safety
training at the mine; (5) a list of MSHAapproved instructors with whom the
operator proposes to make arrangements
to teach the courses and the courses
each instructor is qualified to teach; (6)
the location where training will be given
for each course; (7) a description of the
teaching methods and the course
materials which are to be used in
training; (8) the approximate number of
miners employed at the mine and the

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maximum number who will attend each
session of training; (9) the predicted
time or periods of time when regularly
scheduled refresher training will be
given including the titles of courses to
be taught; (10) the total number of
instruction hours for each course; and
(11) the predicted time and length of
each session of training for new task
training including a complete list of task
assignments, the titles of personnel
conducting the training, the outline of
training procedures used, and the
evaluation procedures used to
determine the effectiveness of the
training.
Title 30 CFR 48.9 and 48.29 require
records of training for underground and
surface mines, respectively. Upon
completion of each training program,
the mine operator certifies on a form
approved by the Secretary, MSHA Form
5000–23, Certificate of Training, that the
miner has received the specified
training in each subject area of the
approved health and safety training
plan. The Certificate of Training forms
are to be maintained by the operator for
a period of 2 years for current
employees and for 60 days after
termination of a miner’s employment,
and must be available for inspection at
the mine site. In addition, the miner is
entitled to a copy of the certificate upon
completion of the training and when the
miner leaves the operator’s
employment. For additional substantive
information about this ICR, see the
related notice published in the Federal
Register on October 29, 2020 (85 FR
68600).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–MSHA.
Title of Collection: Training Plans and
Records of Training, for Underground
Miners and Miners Working at Surface

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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Notices

Mines and Surface Areas of
Underground Mines.
OMB Control Number: 1219–0009.
Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 5,828.
Total Estimated Number of
Responses: 143,145.
Total Estimated Annual Time Burden:
14,773 hours.
Total Estimated Annual Other Costs
Burden: $468,122.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: March 10, 2021.
Anthony May,
Management and Program Analyst.
[FR Doc. 2021–05470 Filed 3–16–21; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections Pertaining to
Special Employment Under the Fair
Labor Standards Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor (the
Department) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled ‘‘Information Collections
Pertaining to Special Employment
Under the Fair Labor Standards Act.’’
This comment request is part of
continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995
(PRA). The Department proposes to
extend the approval of this existing
information collection without change.
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. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
May 17, 2021.
ADDRESSES: You may submit comments
identified by Control Number 1235–

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0001, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; Mail, Hand Delivery, Courier:
Division of Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room
S–3502, 200 Constitution Avenue NW,
Washington, DC 20210. Instructions:
Please submit one copy of your
comments by only one method. All
submissions received must include the
agency name and Control Number
identified above for this information
collection. Because we continue to
experience delays in receiving mail in
the Washington, DC area, commenters
are strongly encouraged to transmit their
comments electronically via email or to
submit them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for Office
of Management and Budget (OMB)
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this notice may be
obtained in alternative formats (Large
Print, Braille, Audio Tape, or Disc),
upon request, by calling (202) 693–0023
(not a toll-free number). TTY/TTD
callers may dial toll-free (877) 889–5627
to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour
Division (WHD) of the Department of
Labor administers the Fair Labor
Standards Act (FLSA), 29 U.S.C. 201, et
seq., which sets the federal minimum
wage, overtime pay, recordkeeping, and
youth employment standards of most
general application. See 29 U.S.C. 206,
207, 211, 212. FLSA section 14(c)
provides that the Secretary of Labor, ‘‘to
the extent necessary to prevent
curtailment of opportunities for
employment, shall by regulation or
order provide for the employment,
under special certificates, of
individuals’’ whose productivity for the
work performed is limited by disability
at subminimum wages commensurate
with the individual’s productivity. 29
U.S.C. 214(c). In accordance with
section 14(c), the WHD regulates the
employment of individuals with
disabilities under special certificates
and governs the application and
approval process for obtaining the

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certificates. See 29 CFR part 525. The
information collections on the forms
(Form WH–226, the Application for
Authority to Employ Workers with
Disabilities at Special Minimum Wages,
and WH–226A, the Supplemental Data
Sheet for Application for Authority to
Employ Workers with Disabilities at
Special Minimum Wages) assists the
Department in fulfilling its statutory
directive to administer and enforce the
section 14(c) program, including the
conditions introduced to section 14(c)
certificate holders pursuant to the
Workforce Innovation and Opportunity
Act (WIOA), which was signed into law
on July 22, 2014.
In addition, section 11(d) of the FLSA
authorizes the Secretary of Labor to
regulate, restrict, or prohibit industrial
homework as necessary to prevent
circumvention or evasion of the
minimum wage requirements of the Act.
29 U.S.C. 211(d). Pursuant to section
11(d), WHD issues special certificates
governing the employment of individual
homeworkers and employers of
homeworkers. The Department restricts
homework in seven industries (i.e.,
knitted outwear, women’s apparel,
jewelry manufacturing, gloves and
mittens, button and buckle
manufacturing, handkerchief
manufacturing, and embroideries) to
those employers who obtain certificates.
See 29 CFR 530.1, 530.2. The
Department may issue individual
certificates in those industries for an
individual homeworker (1) who is
unable to adjust to factory work because
of a disability or who must remain at
home to care for a person with a
disability in the home, and (2) who has
been engaged in industrial homework in
the particular industry prior to certain
specified dates as set forth in the
regulations or is engaged in industrial
homework under the supervision of a
State Vocational Rehabilitation Agency.
See 29 CFR 530.3, 530.4. The
Department also allows employers to
obtain general (employer) certificates to
employ homeworkers in all restricted
industries, except women’s apparel and
hazardous jewelry manufacturing
operations. See 29 CFR 530.101. Form
WH–2, the Application for Special
Industrial Homeworker’s Certificate,
and Form WH–46, the Application for
Certificate to Employ Homeworkers, are
used in the application process for
obtaining these certificates, and Form
WH–75, Homeworker Handbook, is
used to assist with recordkeeping.
The FLSA also requires that the
Secretary of Labor, to the extent
necessary to prevent curtailment of
employment opportunities, provide
certificates authorizing the employment

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