[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Notices]
[Pages 39109-39110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19351]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Notification of Legal Identity

ACTION: Notice.

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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

[[Page 39110]]

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 concerning the proposed revision of the information 
collection related to the Notification of Legal Identity. 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 below in the For Further 
Information Contact section of this notice.

DATES: Submit comments on or before September 21, 1998.

ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of 
Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 627, 
Arlington, VA 22203-1984. Commenters are encouraged to send their 
comments on a computer disk, or via E-mail to [email protected], along 
with an original printed copy. Ms. Silvey can be reached at (703) 235-
1910 (voice) or (703) 235-5551 (facsimile).

FOR FURTHER INFORMATION CONTACT: Mrs. Theresa M. O'Malley, Program 
Analysis Officer, Office of Program Evaluation and Information 
Resources, U.S. Department of Labor, Mine Safety and Health 
Administration, Room 715, 4015 Wilson Boulevard, Arlington, VA 22203-
1984. Mrs. O'Malley can be reached at [email protected] (Internet E-
mail), (703) 235-1470 (voice), or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Title 30 CFR part 41 implements this requirement and 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 for a mine operator is fundamental to enable the Secretary to 
properly ascertain the identity of persons 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 statutory considerations regarding penalty 
assessment, 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 Act. MSHA is 
including 30 CFR Sections 41.10, 41.11 and 41.12 for regulatory 
clarification. These references do not change or increase the reporting 
or paperwork burden requirements.

II. Current Actions

    MSHA uses the information to properly ascertain the identity of 
persons chargeable with violations of mandatory safety and health 
standards and in the assessment of civil penalties. The Office of the 
Solicitor uses the information to expedite service of documents upon 
the mine operator.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Notification of Legal Identity.
    OMB Number: 1219-0008.
    Agency Number: MSHA Form 2000-7.
    Recordkeeping: Source documents are required for as long as the 
mine is in operation.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc: 30 CFR Section 41.10, 41.11, 41.12 and 
41.20.
    Total Respondents: 14,000 mine operators.
    Frequency: On occasion.
    Total Responses: 6307.
    Average Time per Response: 23 minutes.
    Estimated Total Burden Hours: 2,447.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): $2,018.24.
    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: July 15, 1998.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 98-19351 Filed 7-20-98; 8:45 am]
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