Proposed Extension of Information Collection; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines, 36424-36425 [2020-12933]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Pages 36424-36425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12933]


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DEPARTMENT OF LABOR

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

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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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 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. 
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 on or before August 17, 2020.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below.
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2020-0019.
     Regular Mail: Send comments to USDOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452.
     Hand Delivery: USDOL-Mine Safety and Health 
Administration, 201 12th Street South, Suite 4E401, Arlington, VA 
22202-5452. Sign in at the receptionist's desk on the 4th floor via the 
East elevator.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); (202) 693-9440 (voice); 
or (202) 693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

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 relevant to 
this request for collection of information.
    Representative of Miners. The Mine Act establishes miners' rights 
that may be exercised through a representative. Title 30, Code of 
Federal Regulations (30 CFR) part 40 contains procedures that a person 
or organization must follow 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 40.2 requires a representative of miners to file the 
information specified in section 40.3 with the MSHA district manager 
and the mine operator. Title 30 CFR 40.3 requires the following 
information to be filed with MSHA:
    (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.
    (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 his or her 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.
    Title 30 CFR 40.4 requires that a copy of the information provided 
the mine operator pursuant to section 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 representative 
retains his or her status unless and until his or her designation is 
terminated.
    Under section 40.5, a representative who is unable to comply with 
the requirements of Part 40 must file a written statement with the 
appropriate MSHA district manager terminating his or her designation.
    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.
    MSHA's regulations in 30 CFR part 41 provides for 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 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. 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

[[Page 36425]]

MSHA Form 2000-7. Therefore, allowing mine operators to submit MSHA 
Form 7000-51 electronically facilitates this process.
    Notification of Commencement of Operations and Closing of Mines. 
Under 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 made aware of mine openings and closings so that its 
resources can be used efficiently in achieving the requirements of the 
Mine Act. Section 103(a) of the Mine Act 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 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, 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 www.regulations.gov and www.reginfo.gov.
    The public may also examine publicly available documents at USDOL-
Mine Safety and Health Administration, 201 12th South, Suite 4E401, 
Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th 
floor via the East elevator.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION section of 
this notice.

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 for-profit.
    Number of Respondents: 13,044.
    Frequency: On occasion.
    Number of Responses: 10,344.
    Annual Burden Hours: 1,965 hours.
    Annual Respondent or Recordkeeper Cost: $838.
    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.

Roslyn B. Fontaine,
Certifying Officer.
[FR Doc. 2020-12933 Filed 6-15-20; 8:45 am]
BILLING CODE 4510-43-P