Proposed Information Collection Request Submitted for Public Comment and Recommendations; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines, 35730-35731 [E7-12525]

Download as PDF 35730 Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines ACTION: Notice. mstockstill on PROD1PC66 with NOTICES SUMMARY: 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 and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. DATES: Submit comments on or before August 28, 2007. ADDRESSES: Send comments to: Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209–3939. Commenters are encouraged to send their comments on computer disk, or via e-mail to Ferraro.Debbie@DOL.GOV. Ms. Ferraro can be reached at (202) 693–9821 (voice), or (202) 693–9801 (facsimile). FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background Section 103(f) of the Federal Mine Safety and Health Act of 1977, Pub. L. 91–173 as amended by Pub. L. 95–164, (Mine Act) establishes miners’ rights which may be exercised through a representative. Title 30, Code of Federal Regulations CFR part 40 contains procedures which a person or organization must follow in order to be identified by the Secretary as a representative of miners. The regulations define what is meant by ‘‘representative of miners,’’ a term that is not defined in the Mine Act. Title 30, CFR 40.3 requires the following information to be filed with the Mine Safety and Health Administration (MSHA): (1) The name, address and telephone number of the VerDate Aug<31>2005 16:20 Jun 28, 2007 Jkt 211001 representative or organization that will serve as representative; (2) the name and address of the mine operator; the name, address and MSHA ID number, if known, of the mine; (3) a copy of the document evidencing the designation of the representative; (4) a statement as to whether the representative will serve for all purposes of the Act, or a statement of the limitation of the authority; (5) the name, address and telephone number of an alternate; (6) a statement that all the required information has been filed with the mine operator; and (7) certification that all information filed is true and correct followed by the signature of the miners’ representative. Title 30, CFR 40.4 requires that a copy of the notice designating the miners’ representative be posted by the mine operator on the mine bulletin board and maintained in current status. Once the required information has been filed, a representative retains his or her status unless and until his or her designation is terminated. Under 30 CFR 40.5, a representative who wishes to terminate his or her designation must file a written statement with the appropriate district manager terminating his or her designation. Section 109(d) of the Mine Act, requires each operator of a coal or other mine to file with the Secretary of Labor (Secretary), the name and address of such mine, the name and address of the person who controls or operates the mine, and any revisions in such names and addresses. Title 30, CFR part 41 implements this requirement and provides for the mandatory use of Form 2000–7, Legal Identity Report, for notifying the MSHA of the legal identity of the mine operator. The legal identity for a mine operator is fundamental to enable 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 which, by statute, must take into account the size of the business, its economic viability, and its history of previous violations. Because of the rapid and frequent 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 Office of the Solicitor in determining proper parties to actions arising under the Mine Act. Under Title 30 CFR 56.1000 and 57.1000, operators of metal and nonmetal mines must notify MSHA PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 when the operation of a mine will commence or when a mine is closed. Openings and closings of mines are dictated by the economic strength of the mined commodity, and by weather conditions prevailing at the mine site during various seasons. MSHA must be aware of openings and closings so that its resources can be used efficiently in achieving the requirements of the Mine Act, 30 U.S.C. 801 et seq. Section 103(a) of the Mine Act, 30 U.S.C. 813, requires that each underground mine be inspected in its entirety at least four times a year, and each surface mine at least two times per year. Mines which 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 precludes wasted time and trips. II. Desired Focus of Comments MSHA is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • 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 submissions of responses. A copy of the proposed information collection request can be obtained by contacting the employee listed in the ADDRESSES section of this notice or viewed on the internet by accessing the MSHA home page (https:// www.msha.gov/) and selecting ‘‘Rules and Regs’’, then selecting ‘‘Fed Reg Docs.’’ III. Current Actions Currently, MSHA is soliciting comments concerning the extension of the information collection requirements related to 30 CFR 40.3, 40.4, and 40.5 (Representative of Miners), 30 CFR 41.20 (Notification of Legal Identity), and 30 CFR 56.1000 and 57.1000 E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices (Notification of Commencement of Operations and Closing of Mines). Type of Review: Extension. Agency: Mine Safety and Health Administration. Title: Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines. OMB Number: 1219–0042. Affected Public: Business or other forprofit. Frequency: On Occasion. Number of Respondents: 4,945. Number of Responses: 11,109. Number of Burden Hours: 2,347. Total Burden Cost (operating/ maintaining): $3,550. Comments submitted in response to this notice will be summarized and/or 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. Dated at Arlington, Virginia, this 25th day of June, 2007. David L. Meyer, Director, Office of Administration and Management. [FR Doc. E7–12525 Filed 6–28–07; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Application for Waiver of Surface Facilities Requirements mstockstill on PROD1PC66 with NOTICES ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. DATES: Submit comments on or before August 28, 2007. ADDRESSES: Send comments to, Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, VerDate Aug<31>2005 16:20 Jun 28, 2007 Jkt 211001 Arlington, VA 22209–3939. Commenters are encouraged to send their comments on computer disk, or via e-mail to Ferraro.Debbie@DOL.GOV. Ms. Ferraro can be reached at (202) 693–9821 (voice), or (202) 693–9801 (facsimile). FOR FURTHER INFORMATION: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background Title 30 Sections 71.400 through 71.402 and 75.1712–1 through 75.1712– 3 require coal mine operators to provide bathing facilities, clothing change rooms, and sanitary flush toilet facilities in a location that is convenient for use of the miners. If the operator is unable to meet any or all of the requirements, he/she may apply for a waiver. Title 30 CFR Sections 71.403, 71.404, 75.1712–4 and 75.1712–5 provide procedures by which an operator may apply for and be granted a waiver. Applications are filed with the District Manager for the district in which the mine is located and contain the name and address of the mine operator, name and location of the mine, and a detailed statement of the grounds upon which the waiver is requested and the period of time for which it is requested. Waivers for surface coal mines may be granted for a period not to exceed one year; requests for an annual extension may be sought by the operator. Waivers for underground coal mines may be granted for extended periods of time based on the information provided by the mine operator in the request for a waiver. The purpose for the waiver is to assure the conditions at the mine make it impractical for the mine operator to provide the required facilities, and to document the circumstances for granting of the waiver. This gives the mine operator written documentation that the requirement(s) of the standard have been waived by MSHA and MSHA inspection personnel will not require the mine operator to comply with the part(s) of the standard included in the waiver. Without this written documentation, MSHA inspection personnel cannot be assured that a mine operator is not required to provide the required sanitary facilities. II. Desired Focus of Comments MSHA is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 35731 • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • 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 submissions of responses. A copy of the proposed information collection request may be viewed on the internet by accessing the MSHA home page (https://www.msha.gov/) and choosing ‘‘Rules and Regs’’, then choosing ‘‘Fed Reg Docs.’’ III. Current Action Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to the Application for Waiver of Surface Facilities Requirement. This information is necessary in order to assure the mine operator is not required to provide the surface facilities as required by the standard. This information provides written documentation that MSHA has waived the requirements for the applicable part(s) of the standard as outlined in the waiver. Type of Review: Extension. Agency: Mine Safety and Health Administration. Title: Application for Waiver of Surface Facilities Requirements. OMB Number: 1219–0024. Affected Public: Business or other forprofit. Number of Respondents: 843. Number of Responses: 843. Total Burden Hours: 322. Total Burden Cost: $0. Comments submitted in response to this notice will be summarized and/or 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. Dated at Arlington, Virginia, this 25th day of June, 2007. David L. Meyer, Director, Office of Administration and Management. [FR Doc. E7–12526 Filed 6–28–07; 8:45 am] BILLING CODE 4510–43–P E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Notices]
[Pages 35730-35731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12525]



[[Page 35730]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Representative of Miners, Notification of 
Legal Identity, and Notification of Commencement of Operations and 
Closing of Mines

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: 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 and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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.

DATES: Submit comments on or before August 28, 2007.

ADDRESSES: Send comments to: Debbie Ferraro, Management Services 
Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. 
Commenters are encouraged to send their comments on computer disk, or 
via e-mail to Ferraro.Debbie@DOL.GOV. Ms. Ferraro can be reached at 
(202) 693-9821 (voice), or (202) 693-9801 (facsimile).

FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the 
ADDRESSES section of this notice.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 103(f) of the Federal Mine Safety and Health Act of 1977, 
Pub. L. 91-173 as amended by Pub. L. 95-164, (Mine Act) establishes 
miners' rights which may be exercised through a representative. Title 
30, Code of Federal Regulations CFR part 40 contains procedures which a 
person or organization must follow in order to be identified by the 
Secretary as a representative of miners. The regulations define what is 
meant by ``representative of miners,'' a term that is not defined in 
the Mine Act.
    Title 30, CFR 40.3 requires the following information to be filed 
with the Mine Safety and Health Administration (MSHA): (1) The name, 
address and telephone number of the representative or organization that 
will serve as representative; (2) the name and address of the mine 
operator; the name, address and MSHA ID number, if known, of the mine; 
(3) a copy of the document evidencing the designation of the 
representative; (4) a statement as to whether the representative will 
serve for all purposes of the Act, or a statement of the limitation of 
the authority; (5) the name, address and telephone number of an 
alternate; (6) a statement that all the required information has been 
filed with the mine operator; and (7) certification that all 
information filed is true and correct followed by the signature of the 
miners' representative. Title 30, CFR 40.4 requires that a copy of the 
notice designating the miners' representative be posted by the mine 
operator on the mine bulletin board and maintained in current status. 
Once the required information has been filed, a representative retains 
his or her status unless and until his or her designation is 
terminated. Under 30 CFR 40.5, a representative who wishes to terminate 
his or her designation must file a written statement with the 
appropriate district manager terminating his or her designation.
    Section 109(d) of the Mine Act, requires each operator of a coal or 
other mine to file with the Secretary of Labor (Secretary), the name 
and address of such mine, the name and address of the person who 
controls or operates the mine, and any revisions in such names and 
addresses. Title 30, CFR part 41 implements this requirement and 
provides for the mandatory use of Form 2000-7, Legal Identity Report, 
for notifying the MSHA of the legal identity of the mine operator.
    The legal identity for a mine operator is fundamental to enable 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 which, by statute, must take into account 
the size of the business, its economic viability, and its history of 
previous violations. Because of the rapid and frequent 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 Office of the 
Solicitor in determining proper parties to actions arising under the 
Mine Act.
    Under Title 30 CFR 56.1000 and 57.1000, operators of metal and 
nonmetal mines must notify MSHA when the operation of a mine will 
commence or when a mine is closed. Openings and closings of mines are 
dictated by the economic strength of the mined commodity, and by 
weather conditions prevailing at the mine site during various seasons.
    MSHA must be aware of openings and closings so that its resources 
can be used efficiently in achieving the requirements of the Mine Act, 
30 U.S.C. 801 et seq. Section 103(a) of the Mine Act, 30 U.S.C. 813, 
requires that each underground mine be inspected in its entirety at 
least four times a year, and each surface mine at least two times per 
year. Mines which 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 precludes wasted time and trips.

II. Desired Focus of Comments

    MSHA is particularly interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     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 submissions of responses.
    A copy of the proposed information collection request can be 
obtained by contacting the employee listed in the ADDRESSES section of 
this notice or viewed on the internet by accessing the MSHA home page 
(https://www.msha.gov/) and selecting ``Rules and Regs'', then selecting 
``Fed Reg Docs.''

III. Current Actions

    Currently, MSHA is soliciting comments concerning the extension of 
the information collection requirements related to 30 CFR 40.3, 40.4, 
and 40.5 (Representative of Miners), 30 CFR 41.20 (Notification of 
Legal Identity), and 30 CFR 56.1000 and 57.1000

[[Page 35731]]

(Notification of Commencement of Operations and Closing of Mines).
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Representative of Miners, Notification of Legal Identity, 
and Notification of Commencement of Operations and Closing of Mines.
    OMB Number: 1219-0042.
    Affected Public: Business or other for-profit.
    Frequency: On Occasion.
    Number of Respondents: 4,945.
    Number of Responses: 11,109.
    Number of Burden Hours: 2,347.
    Total Burden Cost (operating/maintaining): $3,550.
    Comments submitted in response to this notice will be summarized 
and/or 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.

    Dated at Arlington, Virginia, this 25th day of June, 2007.
David L. Meyer,
Director, Office of Administration and Management.
 [FR Doc. E7-12525 Filed 6-28-07; 8:45 am]
BILLING CODE 4510-43-P

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