82 FR 12853 - Proposed Extension of Information Collection; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 43 (March 7, 2017)

Page Range		12853-12854
FR Document		2017-04332

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, 44 U.S.C. 3506(c)(2)(A). This program helps to assure 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 Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines.

Federal Register, Volume 82 Issue 43 (Tuesday, March 7, 2017)

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12853-12854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04332]


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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.

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

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, 44 U.S.C. 
3506(c)(2)(A). This program helps to assure 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 
Representative of Miners, Notification of Legal Identity, and 
Notification of Commencement of Operations and Closing of Mines.

DATES: All comments must be received on or before May 8, 2017.

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-2017-0004.
     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: Sheila McConnell, 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), as amended, 30 U.S.C. 813, 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.
    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 30 CFR 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 official 
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 Mine Safety and 
Health Administration identification number, if known, of the mine.

[[Page 12854]]

    (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 
representative to serve in his 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 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 30 CFR 40.5, a representative who becomes 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.
    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.
    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 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. 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 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 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 contains provisions for 
Representative of Miners, Notification of 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: 10,481.
    Frequency: On occasion.
    Number of Responses: 10,481.
    Annual Burden Hours: 2,010 hours.
    Annual Respondent or Recordkeeper Cost: $842.
    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.

Sheila McConnell,
Certifying Officer.
[FR Doc. 2017-04332 Filed 3-6-17; 8:45 am]
 BILLING CODE 4510-43-P

Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12853

during the examination, the person Type of Review: Extension, without ADDRESSES: Comments concerning the
conducting the examination must make change, of a currently approved information collection requirements of
a record of the condition. All collection. this notice may be sent by any of the
certifications and records must be Agency: Mine Safety and Health methods listed below.
retained for one year. Administration. • Federal E-Rulemaking Portal:
OMB Number: 1219–0034. http://www.regulations.gov. Follow the
II. Desired Focus of Comments Affected Public: Business or other for- on-line instructions for submitting
MSHA is soliciting comments profit. comments for docket number MSHA–
concerning the proposed information Number of Respondents: 225. 2017–0004.
collection related to Records of Tests Frequency: On occasion. • Regular Mail: Send comments to
and of Examinations of Personnel Number of Responses: 61,366. USDOL–MSHA, Office of Standards,
Hoisting Equipment. MSHA is Annual Burden Hours: 5,133 hours. Regulations, and Variances, 201 12th
particularly interested in comments Annual Respondent or Recordkeeper Street South, Suite 4E401, Arlington,
that: Cost: $270,000. VA 22202–5452.
• Evaluate whether the collection of Comments submitted in response to • Hand Delivery: USDOL–Mine
information is necessary for the proper this notice will be summarized and Safety and Health Administration, 201
performance of the functions of the included in the request for Office of 12th Street South, Suite 4E401,
agency, including whether the Management and Budget approval of the Arlington, VA 22202–5452. Sign in at
information has practical utility; information collection request; they will the receptionist’s desk on the 4th floor
via the East elevator.
• Evaluate the accuracy of MSHA’s also become a matter of public record.
estimate of the burden of the collection FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Sheila McConnell, Director, Office of
of information, including the validity of Certifying Officer.
the methodology and assumptions used; Standards, Regulations, and Variances,
[FR Doc. 2017–04331 Filed 3–6–17; 8:45 am] MSHA, at
• Suggest methods to enhance the
quality, utility, and clarity of the
BILLING CODE 4510–43–P MSHA.information.collections@dol.gov
information to be collected; and (email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
• Minimize the burden of the DEPARTMENT OF LABOR
collection of information on those who SUPPLEMENTARY INFORMATION:
are to respond, including through the Mine Safety and Health Administration I. Background
use of appropriate automated, Section 103(h) of the Federal Mine
[OMB Control No. 1219–0042]
electronic, mechanical, or other Safety and Health Act of 1977 (Mine
technological collection techniques or Proposed Extension of Information Act), as amended, 30 U.S.C. 813,
other forms of information technology, Collection; Representative of Miners, authorizes the Mine Safety and Health
e.g., permitting electronic submission of Notification of Legal Identity, and Administration (MSHA) to collect
responses. Notification of Commencement of information necessary to carry out its
The information collection request Operations and Closing of Mines duty in protecting the safety and health
will be available on http:// of miners.
www.regulations.gov. MSHA cautions AGENCY: Mine Safety and Health The Mine Act establishes miners’
the commenter against providing any Administration, Labor. rights that may be exercised through a
information in the submission that ACTION: Request for public comments. representative. Title 30, Code of Federal
should not be publicly disclosed. Full Regulations (30 CFR) part 40 contains
comments, including personal SUMMARY: The Department of Labor, as procedures that a person or organization
information provided, will be made part of its continuing effort to reduce must follow to be identified by the
available on www.regulations.gov and paperwork and respondent burden, Secretary as a representative of miners.
www.reginfo.gov. conducts a pre-clearance consultation The regulations define what is meant by
The public may also examine publicly program to provide the general public ‘‘representative of miners,’’ a term that
available documents at USDOL-Mine and Federal agencies with an is not defined in the Mine Act.
Safety and Health Administration, 201 opportunity to comment on proposed Title 30 CFR 40.2 requires a
12th South, Suite 4E401, Arlington, VA collections of information in accordance representative of miners to file the
22202–5452. Sign in at the receptionist’s with the Paperwork Reduction Act of information specified in 30 CFR 40.3
desk on the 4th floor via the East 1995, 44 U.S.C. 3506(c)(2)(A). This with the MSHA district manager and the
elevator. program helps to assure that requested mine operator. Title 30 CFR 40.3
Questions about the information data can be provided in the desired requires the following information to be
collection requirements may be directed format, reporting burden (time and filed with MSHA:
to the person listed in the FOR FURTHER financial resources) is minimized, (1) The name, address, and telephone
INFORMATION CONTACT section of this collection instruments are clearly number of the representative of miners.
notice. understood, and the impact of collection If the representative is an organization,
requirements on respondents can be the name, address, and telephone
III. Current Actions properly assessed. Currently, the Mine number of the organization and the title
This request for collection of Safety and Health Administration of the official or position, who is to
information contains provisions for (MSHA) is soliciting comments on the
sradovich on DSK3GMQ082PROD with NOTICES

serve as the representative and his or
Records of Tests and of Examinations of information collection for her telephone number.
Personnel Hoisting Equipment. MSHA Representative of Miners, Notification of (2) The name and address of the
has updated the data with respect to the Legal Identity, and Notification of operator of the mine where the
number of respondents, responses, Commencement of Operations and represented miners work and the name,
burden hours, and burden costs Closing of Mines. address, and Mine Safety and Health
supporting this information collection DATES: All comments must be received Administration identification number, if
request. on or before May 8, 2017. known, of the mine.

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12854 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

(3) A copy of the document Additionally, MSHA Form 7000–51, e.g., permitting electronic submission of
evidencing the designation of the Mine Operator Identification Request, is responses.
representative of miners. used to allow mine operators to request The information collection request
(4) A statement that the person or an MSHA mine identification number will be available on http://
position named as the representative of for each mine. Mine operators request www.regulations.gov. MSHA cautions
miners is the representative for all mine identification numbers prior to the commenter against providing any
purposes of the Act; or if the completing and submitting the required information in the submission that
representative’s authority is limited, a MSHA Form 2000–7. Therefore, should not be publicly disclosed. Full
statement of the limitation. allowing mine operators to submit comments, including personal
(5) The names, addresses, and MSHA Form 7000–51 electronically information provided, will be made
telephone numbers, of any facilitates this process. available on www.regulations.gov and
representative to serve in his absence. Notification of Commencement of www.reginfo.gov.
(6) A statement that copies of all Operations and Closing of Mines: Under
information filed pursuant to this The public may also examine publicly
30 CFR 56.1000 and 57.1000, operators available documents at USDOL-Mine
section have been delivered to the of metal and nonmetal mines must
operator of the affected mine, prior to or Safety and Health Administration, 201
notify MSHA when the operation of a 12th South, Suite 4E401, Arlington, VA
concurrently with the filing of this mine will commence or when a mine is
statement. 22202–5452. Sign in at the receptionist’s
closed. Openings and closings of mines desk on the 4th floor via the East
(7) A statement certifying that all
are dictated by the economic strength of elevator.
information filed is true and correct
the mined commodity, and by weather
followed by the signature of the Questions about the information
conditions prevailing at the mine site
representative of miners. collection requirements may be directed
Title 30 CFR 40.4 requires that a copy during various seasons.
to the person listed in the FOR FURTHER
of the information provided the operator MSHA must be aware of mine INFORMATION section of this notice.
pursuant to section 40.3 be posted upon openings and closings so that its
receipt by the operator on the mine resources can be used efficiently in III. Current Actions
bulletin board and maintained in a achieving the requirements of the Mine
This request for collection of
current status. Once the required Act. Section 103(a) of the Mine Act
information contains provisions for
information has been filed, a requires that each underground mine be
Representative of Miners, Notification of
representative retains his or her status inspected in its entirety at least four
Legal Identity, and Notification of
unless and until his or her designation times a year, and each surface mine at
Commencement of Operations and
is terminated. least two times per year. Mines that
Closing of Mines. MSHA has updated
Under 30 CFR 40.5, a representative operate only during warmer weather
the data with respect to the number of
who becomes unable to comply with the must be scheduled for inspection during
respondents, responses, burden hours,
requirements of part 40 must file a the spring, summer, and autumn
and burden costs supporting this
written statement with the appropriate seasons. Mines are sometimes located a
information collection request.
MSHA district manager terminating his great distance from MSHA field offices
and the notification required by this Type of Review: Extension, without
or her designation. change, of a currently approved
Section 109(d) of the Mine Act standard can prevent wasted time and
trips. collection.
requires each operator of a coal or other
mine to file with the Secretary of Labor Agency: Mine Safety and Health
II. Desired Focus of Comments Administration.
(Secretary), the name and address of
such mine, the name and address of the MSHA is soliciting comments OMB Number: 1219–0042.
person who controls or operates the concerning the proposed information Affected Public: Business or other for-
mine, and any revisions in such names collection related to Representative of profit.
and addresses. Miners, Notification of Legal Identity, Number of Respondents: 10,481.
MSHA’s regulations in 30 CFR part 41 and Notification of Commencement of
Operations and Closing of Mines. Frequency: On occasion.
provides for the mandatory use of
MSHA Form 2000–7, Legal Identity MSHA is particularly interested in Number of Responses: 10,481.
Report, for notifying MSHA of the legal comments that: Annual Burden Hours: 2,010 hours.
identity of the mine operator. The legal • Evaluate whether the collection of Annual Respondent or Recordkeeper
identity of a mine operator is information is necessary for the proper Cost: $842.
fundamental to enable the Secretary to performance of the functions of the MSHA Forms: MSHA Form 2000–7,
properly ascertain the identity of agency, including whether the Legal Identity Report; MSHA Form
persons and entities charged with information has practical utility; 7000–51, Mine Operator Identification
violations of mandatory standards. It is • Evaluate the accuracy of MSHA’s Request; MSHA Form 2000–238,
also used in the assessment of civil estimate of the burden of the collection Representative of Miners Designation
penalties. Because of turnover in mining of information, including the validity of Form.
company ownership, and because of the the methodology and assumptions used; Comments submitted in response to
statutory considerations regarding • Suggest methods to enhance the this notice will be summarized and
penalty assessments, the operator is quality, utility, and clarity of the included in the request for Office of
required to file information regarding information to be collected; and
sradovich on DSK3GMQ082PROD with NOTICES

Management and Budget approval of the
ownership interest in other mines held • Minimize the burden of the information collection request; they will
by the operator and relevant persons in collection of information on those who also become a matter of public record.
a partnership, corporation, or other are to respond, including through the
organization. This information is also use of appropriate automated, Sheila McConnell,
necessary to the Office of the Solicitor electronic, mechanical, or other Certifying Officer.
in determining proper parties to actions technological collection techniques or [FR Doc. 2017–04332 Filed 3–6–17; 8:45 am]
arising under the Mine Act. other forms of information technology, BILLING CODE 4510–43–P

VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 E:\FR\FM\07MRN1.SGM 07MRN1

Document Created: 2018-02-01 14:49:11
Document Modified: 2018-02-01 14:49:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for public comments.
Dates		All comments must be received on or before May 8, 2017.
Contact		Sheila McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693-9441 (facsimile).
FR Citation		82 FR 12853

82 FR 12853 - Proposed Extension of Information Collection; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 82, Issue 43 (March 7, 2017)

DEPARTMENT OF LABOR
Mine Safety and Health Administration