[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Pages 16971-16972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7171]


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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.

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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 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 June 1, 2004.

ADDRESSES: Send comments to Darrin A. King, Chief, Records Management 
Branch, 1100 Wilson Boulevard, Room 2139, Arlington, VA 22209-3939. 
Commenters are encouraged to send their comments on computer disk, or 
via Internet e-mail to [email protected]. Mr. King can be reached at 
(202) 693-9838 (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

[[Page 16972]]

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 
(http://www.msha.gov) and then choosing ``Statutory and Regulatory 
Information'' and ``Federal Register Documents.''

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 part 41.20 (Notification of 
Legal Identity), and 30 CFR 56.1000 and 57.1000 (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: 3,900.

------------------------------------------------------------------------
                                                  Average       Annual
         Cite / reference             Annual     responses      burden
                                    responses       time        hours
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30 CFR 40.3, 40.4, and 40.5                 90         0.75           68
 (Representative of Miners)......
30 CFR Part 41.20 (Notification
 of Legal Identity):
    New mines (paper filings)....          755          0.5          378
    New mines (electronic                   45         0.33           15
     filings)....................
    Changes (paper filings)......        3,900         0.25          975
  Changes (electronic filings)...        1,600         0.17          267
30 CFR 56.1000 and 57.1000
 (Notification of Commencement of
 Operations and Closing of Mines,
 pertains to metal and nonmetal
 mines):
    Telephone responses..........        1,725         0.05           86
    Written responses............          345          0.5          173
                                  --------------
    Total........................        8,460  ...........        1,962
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    Total Burden Cost (Capital/Startup): $0.
    Total Burden Cost (Operating/Maintaining): $3,078.
    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 in Arlington, Virginia, this 23rd day of March, 2004.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. 04-7171 Filed 3-30-04; 8:45 am]
BILLING CODE 4510-43-P