[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79031-79032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31686]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0042]


Proposed Extension of Existing Information, Collection; 
Representative of Miners; Legal Identity Report; Opening and Closing of 
Metal and Nonmetal

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of 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 and continuing 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 concerning the extension 
of the information collection for 30 CFR 40.2, 40.3, 40.4, and 40.5, 
Representative of Miners; 30 CFR 41.20, Legal Identity Report; 30 CFR 
56.1000 and 57.1000, Notification of Commencement of Operations and 
Closing of Mines.

DATES: All comments must be received by midnight Eastern Standard Time 
on February 15, 2011.

ADDRESSES: Comments must clearly be identified with the rule title and 
may be submitted to MSHA by any of the following methods:
    (1) Electronic mail: [email protected].
    (2) Facsimile: (202) 693-9441.

[[Page 79032]]

    (3) Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209-3939.
    (4) Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 
22209-3939. Sign in at the receptionist's desk on the 21st floor.

FOR FURTHER INFORMATION CONTACT: Mario Distasio, Chief of the Economic 
Analysis Division, Office of Standards, Regulations, and Variances, 
MSHA, at [email protected] (e-mail), 202-693-9445 (voicemail), 
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 MSHA to collect 
information necessary to carry out its duty in protecting the safety 
and health of miners.

Representative of Miners

    Section 103(f) of the Mine Act establishes miners' rights which may 
be exercised through a representative. Title 30 Code of Federal 
Regulations (30 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 regulation defines what is meant by 
``representative of miners,'' a term that is not defined in the Mine 
Act. Section 40.2 requires the representative of miners to file the 
information specified in Sec.  40.3 with the Mine Safety and Health 
Administration (MSHA) district manager and the mine operator; Sec.  
40.3 requires the following information to be filed:
    (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, and 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.
    Section 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. Under section 40.5, a 
representative who wishes to terminate his or her designation must file 
a written statement with the appropriate MSHA district manager 
terminating his or her designation.

Legal Identity Report

    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. The legal identity for a mine operator enables 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.

Notice 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. Section 103(a) of 
the Mine Act, 30 U.S.C. 813, requires each underground mine to 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.

II. Desired Focus of Comments

    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 the agency's estimate of the 
burden of the 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 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 information collection request can be obtained by 
contacting the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice, or view on the Internet by selecting ``Rules & 
Regs'', and then selecting ``FedReg.Docs''. On the next screen, select 
``Paperwork Reduction Act Supporting Statement'' to view documents 
supporting the Federal Register notice.

III. Current Actions

    This notice contains the request for an extension of the existing 
collection of information in 30 CFR 40.2, 40.3, 40.4, and 40.5, 
Representative of Miners; Sec.  41.20, Notification of Legal Identity; 
and Sec. Sec.  56.1000 and 57.1000, Notification of Commencement of 
Operations and Closing of Mines. MSHA does not intend to publish the 
results from this information collection and is not seeking approval to 
either display or not display the expiration date for the OMB approval 
of this information collection.
    There are no certification exceptions identified with this 
information collection and the collection of this information does not 
employ statistical methods.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0042.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Cost to Federal Government: $41,023.
    Total Burden Respondents: 14,065.
    Total Number of Responses: 11,367.
    Total Burden Hours: 2,517.5.
    Total Hour Burden Cost (operating/maintaining): $67,863.
    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.

    Dated: December 13, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2010-31686 Filed 12-16-10; 8:45 am]
BILLING CODE 4510-43-P