Proposed Extension of Information Collection; Independent Contractor Registration and Identification, 80949-80950 [2024-22921]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80949-80950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22921]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0040]


Proposed Extension of Information Collection; Independent 
Contractor Registration and Identification

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: 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.

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

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 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.

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 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 production-operator.
    Under 30 CFR 45.2, a production-operator 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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    (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 production-operator 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.

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.
    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 for-profit.
    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