1219-0042 60-DayFRN Published 6-7-2023

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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices

plan to show the lower alert and alarm
setting for carbon monoxide sensors, in
accordance with 30 CFR 75.351(i)(2).
30 CFR 75.371(pp) requires
modification of the mine ventilation
plan to show the alternate detector and
the alert and alarm levels associated
with the detector, in accordance with 30
CFR 75.352(e)(7).

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II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Safety Standards
for Underground Coal Mine
Ventilation—Belt Entry Used as an
Intake Air Course to Ventilate Working
Sections and Areas Where Mechanized
Mining Equipment is Being Installed or
Removed. 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 http://
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 www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at DOL–MSHA,
201 12th South, Suite 4E401, Arlington,
VA 22202–5452. Sign in at the
receptionist’s desk on the 4th floor via
the East 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.

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III. Current Actions
This request for collection of
information contains provisions for
Safety Standards for Underground Coal
Mine Ventilation—Belt Entry Used as an
Intake Air Course to Ventilate Working
Sections and Areas Where Mechanized
Mining Equipment is Being Installed or
Removed. MSHA has updated the data
with respect to the number of
respondents, responses, burden hours,
and burden costs supporting this
information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0138.
Affected Public: Business or other forprofit.
Number of Respondents: 14.
Frequency: On occasion.
Number of Responses: 157.
Annual Burden Hours: 656 hours.
Annual Respondent or Recordkeeper
Cost: $280.
Respondents or Recordkeeping Costs:
The estimated annual cost decreased
from $38,640 to $280 due to changes in
cost assumptions.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2023–12146 Filed 6–6–23; 8:45 am]
BILLING CODE 4510–43–P

Mine Safety and Health Administration
[OMB Control No. 1219–0042]

Proposed Extension of Information
Collection; Representative of Miners,
Notification of Legal Identity, and
Notification of Commencement of
Operations and Closing of Mines
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor, 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

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Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2023–0019.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite
4E401, 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.

ADDRESSES:

S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at MSHA.information
[email protected] (email); (202) 693–
9440 (voice); or (202) 693–9441
(facsimile). This not a toll-free number.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

DEPARTMENT OF LABOR

SUMMARY:

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. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for: (1)
designation of miner representative; (2)
notification of mine operator’s legal
identity; and (3) notification of
commencement of operations and
closing of mines.
DATES: All comments must be received
by the Office of Standards, Regulations
and Variances on or before August 7,
2023.

I. Background
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (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. Below
are explained regulatory provisions

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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
relevant to this request for collection of
information.
Representative of Miners. Section
103(f) and (g) of the Mine Act
establishes miners’ rights that may be
exercised through a representative. 30
CFR 40 contains procedures that a
person or organization must follow to be
identified by the Secretary as a
representative of miners. 30 CFR 40
defines what is meant by
‘‘representative of miners,’’ a term that
is not defined in the Mine Act.
30 CFR 40.2 requires a representative
of miners to file the information
specified in MSHA Form 2000–238 in
30 CFR 40.3 with the MSHA district
manager and the mine operator. All
filed information shall be maintained by
the appropriate MSHA district office
and made available for public
inspection.
30 CFR 40.3 requires the following
information to be filed by the
representative of miners with MSHA
and the mine operator:
(1) The name, address, and telephone
number of the representative of miners.
If the representative is an organization,
the name, address, and telephone
number of the organization and the title
of the person or position, who is to
serve as the representative, and his or
her telephone number.
(2) The name and address of the
operator of the mine where the
represented miners work and the name,
address, and MSHA identification
number, if known, of the mine.
(3) A copy of the document
evidencing the designation of the
representative of miners.
(4) A statement that the person or
position named as the representative of
miners is the representative for all
purposes of the Act; or if the
representative’s authority is limited, a
statement of the limitation.
(5) The names, addresses, and
telephone numbers of any additional or
alternate representatives to serve in the
representative of miners’ absence.
(6) A statement that copies of all
information filed pursuant to this
section have been delivered to the
operator of the affected mine, prior to,
or concurrently with, the filing of this
statement.
(7) A statement certifying that all
information filed is true and correct
followed by the signature of the
representative of miners.
30 CFR 40.4 requires that a copy of
the information provided the mine
operator pursuant to 30 CFR 40.3 be
posted upon receipt by the operator on
the mine bulletin board and maintained
in a current status. Once the required
information has been filed, a

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representative retains his or her status
unless and until his or her designation
is terminated.
30 CFR 40.5(a) requires that a
representative who is unable to comply
with the requirements of 30 CFR 40
must file a written statement with the
appropriate MSHA district manager
terminating his or her designation.
30 CFR 40.5(b) requires that MSHA
shall terminate and remove all
designations of the terminated
representatives of miners. MSHA must
notify the mine operator of the
termination.
Notification of Mine Operator’s Legal
Identity. Section 109(d) of the Mine Act
requires each operator of a coal or other
mine to file with the Secretary, the
name and address of such mine, the
name and address of the person who
controls or operates the mine, and any
changes in such names and addresses.
30 CFR 41 requires the mandatory use
of MSHA Form 2000–7, Legal Identity
Report, for notifying MSHA of the legal
identity of the mine operator. The legal
identity of a mine operator enables the
Secretary to properly ascertain the
identity of persons and entities charged
with violations of mandatory standards.
It is also used in the assessment of civil
penalties. Because of turnover in mining
company ownership, and because of the
statutory considerations regarding
penalty assessments, the operator is
required to file information regarding
ownership interest in other mines held
by the operator and relevant persons in
a partnership, corporation, or other
organization. This information is also
necessary to the Department of Labor’s
Office of the Solicitor in determining
proper parties to actions arising under
the Mine Act.
Additionally, MSHA Form 7000–51,
Mine Operator Identification Request, is
used to allow mine operators to request
an MSHA mine identification number
for each mine. Mine operators request
mine identification numbers prior to
completing and submitting the required
MSHA Form 2000–7. MSHA requires
Form 7000–51 to be submitted
electronically, facilitating this legal
identity reporting process.
Notification of Commencement of
Operations and Closing of Mines. Under
30 CFR 56.1000 (Surface) and 57.1000
(Underground), operators of metal and
nonmetal mines must notify MSHA
when the operation of a mine will
commence or when a mine will be
closed.
MSHA must be made aware of mine
openings and closings so that the
Agency can plan to use its resources
efficiently to achieve the requirements
of the Mine Act. Section 103(a) of the

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Mine Act requires that each
underground mine to be inspected in its
entirety at least four times a year, and
each surface mine at least two times per
year. Mines that operate only during
warmer weather must be scheduled for
inspection during the spring, summer,
and autumn seasons. Mines are
sometimes located a great distance from
MSHA field offices, and the notification
required by this standard can prevent
wasted time and trips.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to representative of
miners, notification of mine operator’s
legal identity, and notification of
commencement of operations and
closing of mines. 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, 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 http://
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 www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at DOL–MSHA,
201 12th South, Suite 4E401, Arlington,
VA 22202–5452. Sign in at the
receptionist’s desk on the 4th floor via
the East 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.

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37286

Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices

III. Current Actions
This request for collection of
information is necessitated by
regulatory provisions concerning
representative of miners, notification of
mine operator’s legal identity, and
notification of commencement of
operations and closing of mines. MSHA
has updated the data with respect to the
number of respondents, responses,
burden hours, and burden costs
supporting this information collection
request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0042.
Affected Public: Business or other forprofit.
Number of Respondents: 9,595.
Frequency: On occasion.
Number of Responses: 9,595.
Annual Burden Hours: 1,823 hours.
Annual Respondent or Recordkeeper
Cost: $780.
MSHA Forms:
MSHA Form 2000–7, Legal Identity
Report;
MSHA Form 7000–51, Mine Operator
Identification Request;
MSHA Form 2000–238,
Representative of Miners Designation
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
information collection request; they will
also become a matter of public record.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2023–12121 Filed 6–6–23; 8:45 am]
BILLING CODE 4520–43–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0016]

Nemko North America, Inc.:
Application for Expansion of
Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
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AGENCY:

In this notice, OSHA
announces the application of Nemko
North America, Inc., for expansion of
the recognition as a Nationally
Recognized Testing Laboratory (NRTL)
and presents the agency’s preliminary
finding to grant the application.

SUMMARY:

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Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
June 22, 2023.
ADDRESSES: Submit comments by any of
the following methods:
Electronically: Submit comments and
attachments electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Instructions: All submissions must
include the agency name and the OSHA
docket number (OSHA–2013–0016).
OSHA places comments and other
materials, including any personal
information, in the public docket
without revision, and these materials
will be available online at http://
www.regulations.gov. Therefore, the
agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office. All
documents in the docket (including this
Federal Register notice) are listed in the
http://www.regulations.gov index;
however, some information (e.g.,
copyrighted material) is not publicly
available to read or download through
the website. All submissions, including
copyrighted material, are available for
inspection through the OSHA Docket
Office. Contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–5627)
for assistance in locating docket
submissions.
Extension of comment period: Submit
requests for an extension of the
comment period on or before June 22,
2023 to the Office of Technical
Programs and Coordination Activities,
Directorate of Technical Support and
Emergency Management, Occupational
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW, Room N–3653,
Washington, DC 20210, or by fax to
(202) 693–1644.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
DATES:

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Communications, phone: (202) 693–
1999 or email: meilinger.francis2@
dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, phone: (202)
693–2110 or email: robinson.kevin@
dol.gov.
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for
Expansion
OSHA is providing notice that Nemko
North America, Inc. (NNA), is applying
for expansion of the current recognition
as a NRTL. NNA requests the addition
of eight test standards to the NRTL
scope of recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified in 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within the scope of recognition.
Each NRTL’s scope of recognition
includes: (1) the type of products the
NRTL may test, with each type specified
by the applicable test standard; and (2)
the recognized site(s) that has/have the
technical capability to perform the
product-testing and productcertification activities for test standards
within the NRTL’s scope. Recognition is
not a delegation or grant of government
authority; however, recognition enables
employers to use products approved by
the NRTL to meet OSHA standards that
require product testing and certification.
The agency processes applications by
a NRTL for initial recognition and for an
expansion or renewal of this
recognition, following requirements in
Appendix A to 29 CFR 1910.7. This
appendix requires that the agency
publish two notices in the Federal
Register in processing an application. In
the first notice, OSHA announces the
application and provides a preliminary
finding. In the second notice, the agency
provides a final decision on the
application. These notices set forth the
NRTL’s scope of recognition or
modifications of that scope. OSHA
maintains an informational web page for
each NRTL, including NNA, which
details the NRTL’s scope of recognition.
These pages are available from the
OSHA website at http://www.osha.gov/
dts/otpca/nrtl/index.html.
NNA currently has two facilities
(sites) recognized by OSHA for product
testing and certification, with the

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