[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: http://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 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 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