[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37284-37286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12121]


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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 by the Office of Standards, 
Regulations and Variances on or before August 7, 2023.

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-2023-0019.
     Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment, in keeping with the Department of Labor's 
COVID-19 policy. Special health precautions may be required.
     MSHA will post all comments as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of 
Standards, Regulations, and Variances, MSHA, at [email protected] (email); (202) 693-9440 (voice); or (202) 693-9441 
(facsimile). This not a toll-free number.

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

[[Page 37285]]

relevant to this request for collection of information.
    Representative of Miners. Section 103(f) and (g) of the Mine Act 
establishes miners' rights that may be exercised through a 
representative. 30 CFR 40 contains procedures that a person or 
organization must follow to be identified by the Secretary as a 
representative of miners. 30 CFR 40 defines what is meant by 
``representative of miners,'' a term that is not defined in the Mine 
Act.
    30 CFR 40.2 requires a representative of miners to file the 
information specified in MSHA Form 2000-238 in 30 CFR 40.3 with the 
MSHA district manager and the mine operator. All filed information 
shall be maintained by the appropriate MSHA district office and made 
available for public inspection.
    30 CFR 40.3 requires the following information to be filed by the 
representative of miners with MSHA and the mine operator:
    (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 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 additional 
or alternate representatives to serve in the representative of miners' 
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.
    30 CFR 40.4 requires that a copy of the information provided the 
mine operator pursuant to 30 CFR 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.
    30 CFR 40.5(a) requires that a representative who is unable to 
comply with the requirements of 30 CFR 40 must file a written statement 
with the appropriate MSHA district manager terminating his or her 
designation.
    30 CFR 40.5(b) requires that MSHA shall terminate and remove all 
designations of the terminated representatives of miners. MSHA must 
notify the mine operator of the termination.
    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.
    30 CFR 41 requires 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 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. 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 
MSHA Form 2000-7. MSHA requires Form 7000-51 to be submitted 
electronically, facilitating this legal identity reporting process.
    Notification of Commencement of Operations and Closing of Mines. 
Under 30 CFR 56.1000 (Surface) and 57.1000 (Underground), operators of 
metal and nonmetal mines must notify MSHA when the operation of a mine 
will commence or when a mine will be closed.
    MSHA must be made aware of mine openings and closings so that the 
Agency can plan to use its resources efficiently to achieve the 
requirements of the Mine Act. Section 103(a) of the Mine Act requires 
that 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 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, 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 DOL-
MSHA, 201 12th South, Suite 4E401, Arlington, VA 22202-5452. Sign in at 
the receptionist's desk on the 4th floor via the East elevator. Before 
visiting MSHA in person, call 202-693-9455 to make an appointment, in 
keeping with the Department of Labor's COVID-19 policy. Special health 
precautions may be required.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice.

[[Page 37286]]

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: 9,595.
    Frequency: On occasion.
    Number of Responses: 9,595.
    Annual Burden Hours: 1,823 hours.
    Annual Respondent or Recordkeeper Cost: $780.
    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.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2023-12121 Filed 6-6-23; 8:45 am]
BILLING CODE 4520-43-P