1219-0042 Final Sept (2)

1219-0042

SUPPORTING STATEMENT
30 C.F.R. §§ 40.3, 40.4, and 40.5, Representative of Miners
30 C.F.R. § 41.20, Notification of Legal Identity
30 C.F.R. §§ 56.1000 and 57.1000, Notification of Commencement of Operations and Closing of
Mines (pertains to metal and nonmetal mines).

A.

Justification

1.
Explain the circumstances that make the collection of information necessary. Identify any legal or administrative
requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation
mandating or authorizing the collection of information.

Section 103(f) of the Federal Mine Safety and Health Act of 1977, as amended (Mine Act),
establishes miners’ rights which may be exercised through a representative. Title 30, Code of
Federal Regulations (C.F.R.) 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, C.F.R. § 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, C.F.R. § 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 C.F.R. § 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, C.F.R. 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
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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.
Additionally, MSHA is requesting approval for MSHA Form 7000-51 (Mine ID Request) so that
mine operators who wish to request an MSHA mine identification number may do so. While this
form is not required by regulation, it has been MSHA’s experience that many mine operators
request mine identification numbers prior to completing and submitting, at a later point in time,
the required 2000-7 Legal Identity Form. Allowing mine operators to submit the Form 7000-51
facilitates this process.
Under Title 30 C.F.R. §§ 56.1000 and 57.1000, operators of metal and nonmetal mines must
notify the Mine Safety and Health Administration 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 can prevent wasted time and trips.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the
actual use the agency has made of the information received from the current collection.

Representative of Miners: The information submitted to MSHA is used by MSHA to identify the
representative of miners for all purposes provided for in the Mine Act. Information submitted in
compliance with Part 40 requirements also serves to notify both the operator and individual
miners of the identity of the miners’ representative. Notification of the operator is important
because under the Mine Act one miners’ representative who is an employee of the operator shall
suffer no loss of pay during his or her participation in an inspection. Posting of the designation at
the mine also ensures that miners are notified of the identity of the miners’ representative(s) at
the mine, so that miners who wish to exercise their individual rights through the miners’
representative know who they should contact.
Notification of Legal Identity: MSHA uses the information to properly identify persons charged
with violating mandatory safety and health standards and, in the assessment of civil penalties on
those violations. The Office of the Solicitor uses the information to expedite service of
documents upon the mine operator.
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Mine ID Request: MSHA enters the mine operator provided information into the Agency’s Mine
Information System and assigns a mine identification number unique to the mine.
Notification of Commencement of Operations and Closing of Mines: The MSHA official in
charge of the district office which services the mine in question is charged with the responsibility
of receiving this information and assuring that appropriate supervisors and inspectors are
informed. Inspection plans can then be developed to include coverage of the mines that are
currently in operation so statutory inspection requirements can be met.
3.
Describe whether, and to what extent, the collection of information involves the use of automated, electronic,
mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting
electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any
consideration of using information technology to reduce burden.

Representative of Miners: No improved information technology has been identified that would
reduce the burden; however, in order to comply with the Government Paperwork Elimination
Act. Miners’ representatives may submit the necessary information using whatever method they
choose, which may include utilizing computer technology.
Notification of Legal Identity: Form 2000-7 is available on MSHA’s web page for on-line
submission. Approximately 34% of the forms are submitted electronically.
Mine ID Request: When the mine operator contacts the local field or district office regarding
what information is needed to obtain a mine identification number, they will be informed that the
form is available on the MSHA Home Page and that they may submit the information
electronically via the Internet by accessing the MSHA Home Page. All Form 7000-51s are
submitted electronically.
Notification of Commencement of Operations and Closing of Mines: While no improved
information technology has been identified that would reduce the burden, mine operators can
submit the information electronically. However, MSHA has found that the majority of the
notifications required by this standard are made by telephone. A small percentage of the
notifications are made verbally to an inspector, some are received in writing and very few are
received electronically.
4.
Describe efforts to identify duplication. Show specifically why any similar information already available cannot be
used or modified for use for the purposes described in Item 2 above.

There is no similar information available.
5.
If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe
any methods used to minimize burden.

This information collection does not have a significant economic impact on small businesses or
other small entities.
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6.
Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted
less frequently, as well as any technical or legal obstacles to reducing burden.

Representative of Miners: Failure to report this information would be in violation of the
requirements spelled out in Section 103(f) of the Mine Act and Part 40 of the Code of Federal
Regulations. The person seeking to be designated as a representative of miners files the
information required under Part 40 with MSHA and the affected mine operator. Once the
necessary information has been filed, a miners’ representative retains his or her status until he or
she files a statement with the district manager terminating his or her designation.
Notification of Legal Identity: The information concerning legal identity of the mine operator
and any changes that may occur need to be submitted only once.
Mine ID Request: The information concerning mine ownership, mine name, location, and other
relevant data needs to be submitted only once.
Notification of Commencement of Operations and Closing of Mines: The mine operator need
only notify MSHA once of each mine opening or closing. If the Agency is not notified, as
required, inspection resources would be wasted when inspectors travel great distances only to
find that a mine is closed. In addition, miners (at mines that re-open) may not receive the benefit
of safety and health inspections because MSHA would not be aware that the mine had re-opened.
7.

Explain any special circumstances that would cause an information collection to be conducted in a manner:
•
•
•
•
•
•
•

•

requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days
after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant—in—aid,
or tax records for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be
generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or
regulation, that is not supported by disclosure and data security policies that are consistent with the pledge,
or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secret, or other confidential information unless the
agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the
extent permitted by law.

This collection of information is otherwise consistent with the guidelines in 5 C.F. R. § 1320.5
8.
If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the
agency’s notice, required by 5 C.F.R. § 1320.8(d), soliciting comments on the information collection prior to submission
to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in

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response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of
collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any) , and on the data elements
to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records
should occur at least once every 3 years even if the collection of information activity is the same as in prior periods. There
may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

MSHA published a 60-day preclearance Federal Register notice on June 29, 2007 (Volume 72,
Number 125, Pages 35730-35731), soliciting public comments regarding the extension of this
information collection. No comments were received.
9.
Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or
grantees.

MSHA does not provide payment or gifts to the respondents identified by this collection.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute,
regulation, or agency policy.

There is no assurance of confidentiality provided to the respondents. There is no personal
information requiring confidentiality.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious
beliefs, and other matters that are commonly considered private. This justification should include the reasons why the
agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to
persons form whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement should:
•
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of
how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information
on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable.
If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show
the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include
burden hours for customary and usual business practices.
•
If this request for approval covers more than one form, provide separate hour burden estimates for each
form and aggregate the hour burdens in Item 13 of OMB Form 83-I.
•
Provide estimates of annualized cost to respondents for the hour burdens for collections of information,
identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for

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information collection activities should not be included here. Instead, this cost should be included in Item 14.

Representative of Miners: The miners’ representative files the information with both MSHA and
the affected mine operator. Once the information has been filed, a representative retains his/her
status until the designation is terminated. The reporting burden is, therefore, limited to the annual
turnover or replacement of designated miners’ representative. The burden is the same for each
miners’ representative regardless of the size of the mine or the number of miners represented.
MSHA estimates that it will take each representative an average of 45 minutes (.75 hours) to
prepare and mail the required notification to both the MSHA District Office and the mine
operator. Salaries used for this section are taken from the U.S. Mineral Mine Salaries, Wages, &
Benefits -2005 Survey Results.
Coal
Coal Mine Safety and Health personnel estimate that two percent of the total active coal mines
will file to change or obtain new miners’ representative designations with MSHA annually.
Currently, MSHA records show that there are 2,801active coal mines.
2,801 mines x 0.02 changes /yr = 56 notifications/yr
56 notifications x .75 hours to file = 42 hours
42 hours to file x $27.66/hr = $1,161.72
Metal and Nonmetal
Currently, MSHA records indicate that there are 12,635 active metal and nonmetal mines and
that approximately 62 notifications are received in Districts), for a total of 62 changes.
12,635 mines x .0049 changes /yr = 62 notifications/yr
62 notifications x .75 hours to file = 47 hours
47 hours x $22.55/hr = $1,059.85
Total Burden Hours:
Total Burden Hour Costs:

89 hours
$2,222

Notification of Legal Identity: MSHA estimates that each year there is an average of 15,436
existing mines in operation, of which about 1,224 are new mines. The remaining 14,212 mines
are in compliance with the legal identity reporting requirements of 30 CFR Part 41. Of the
14,212 mines, MSHA estimates that 6,517 operators will amend the information in their legal
identity reports. MSHA estimates that it would take the mine operator 30 minutes by hard copy
and 20 minutes electronically to complete a report for newly opened mines, and 15 minutes (.25
hours) by hard copy and 10 minutes electronically to amend the information in a previously
submitted report.
MSHA experience indicates that the MSHA Form 2000-7 is prepared by a secretary who earns
$22.49 per hour (salary averaged based on data from the U.S. Metal and Industrial Mineral Mine
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Salaries, Wages, & Benefits - 2005 Survey Results and U.S. Coal Mine Salaries, Wages, &
Benefits - 2005 Survey Results).
Initial Legal Identity request for New Mines
772 written requests x .5 hours =
452 electronic requests x .33 hours =
Total hours

386 hours
149 hours
535 hours

Amendments to Legal Identity (excluding initial LID for New Mines)
2,413 written requests x .25 hours =
4,104 electronic requests x .17 hours =
Total hours

603 hours
698 hours
1,301 hours

$22.49 composite clerical hourly wage x 1,836 hours = $41,291.64
Total Burden Hours =
Total Burden Hour Costs =

1,836 hours
$41,292

Mine ID Request: MSHA estimates that each year there is an average of 15,436 existing mines in
operation, of which about 1,224 are new mines. Of the 1,224 mines, 76 completed the Legal
Identity Report but did not request a mine identification number. The remaining 76 mine
operators will complete the Mine ID Request Form which was placed on MSHA’s web site in
October 2003. MSHA estimates that it takes a mine operator 30 minutes by hard copy and 20
minutes electronically to complete a report for newly opened or soon to be opened mines.
MSHA also estimates that all these forms will be completed online.
MSHA experience indicates that the MSHA Mine ID Request Form 7000-51 is prepared by a
secretary who earns $22.49 per hour (salary averaged based on data from the U.S. Metal and
Industrial Mineral Mine Salaries, Wages, & Benefits - 2005 Survey Results and U.S. Coal Mine
Salaries, Wages, & Benefits – 2005 Survey Results).
Mine Identity Number requests filed electronically:
76 requests x 0.33 hours to electronically file =
25 hours
25 hours x $22.49 composite clerical hourly wage = $562.25
Total Burden Hours =
Total Burden Hour Costs =

25 hours
$562

Notification of Commencement of Operations and Closing of Mines: Currently, the number of
Metal/Nonmetal mines is 12,635. MSHA has found that the majority of the notifications
required by this standard are made by telephone. A small percentage of the notifications are
made verbally to an inspector, and some are received in writing. MSHA estimates that 3,527
notifications of metal and nonmetal mines occur annually. Most of these are temporary in nature
and reflect the seasonal status of the mines. Approximately 75% (2,645) of all metal and
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nonmetal mine openings and closings notifications are made by telephone calls of 3 minutes
(0.05 hour) duration. Approximately 10% (353) are made verbally to the MSHA inspector
during routine inspections and no burden is calculable. The remaining 15% (529) are made in
writing with an estimated 30 minutes (0.5 hour) burden for each. The calculations are as follows
using the clerical hourly rate published by the U.S. Metal and Industrial Mineral Salaries, Wages
and Benefits – 2005 Survey Results. The clerical hourly wage for Metal/Nonmetal in 2005 is
$22.17.
2,645 telephone contacts x .05 hours/call =
529 written contacts x .5 (hours /response =
Total hours

132 hours
265 hours
397 hours

397 hours x $22.17 clerical wage /hour =

$8,801.49

Total Burden Hours =
Total Burden Hour Cost =

GRAND TOTAL HOUR BURDEN:
GRAND TOTAL BURDEN HOUR COSTS:

397 hours
$8,801

2,347
$52,877

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of
information. (Do not include the cost of any hour burden shown in Items 12 and 14).
•
The cost estimate should be split into two components: (a) a total capital and start—up cost component
(annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services
component. The estimates should take into account costs associated with
•
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain
the reasons for the variance. The cost of purchasing or contracting out information collection services should be
a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of
respondents (fewer than 10) , utilize the 60-day pre-OMB submission public comment process and use existing
economic or regulatory impact analysis associated with the rulemaking containing the information collection, as
appropriate.
•
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1)
prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the
information collection, (3) for reasons other than to provide information or keep records for the government, or
(4) as part of customary and usual business or private practices.

Representative of Miners: Almost all of the notices of miners’ representatives are in the form of
written correspondence and/or form letters. Virtually all of the correspondences are hand
delivered to MSHA district and field offices or presented to MSHA inspectors while on the mine
site. MSHA believes that this cost is negligible and has not assigned a cost to this burden. As a
consequence, no equipment is necessary and no equipment costs are incurred in complying with
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this standard. MSHA also believes that the cost to the mine operator for posting a copy of the
notice of miners’ representative is negligible and has not assigned a cost to this burden.
Notification of Legal Identity: The Notification of Legal Identity report or changes to the report
need to be submitted only once by the mine operator. Therefore, start-up cost, operation and
maintenance cost, and purchase of services cost, have not been associated specifically for this
regulatory requirement. Mailing costs that may be incurred based on annual submission
estimates are as follows:
NEW MINES:
772 new reports annually x $0.41 postal cost =

$ 317

CHANGES:
2,413 amended reports annually x $0.41 postal cost =

$ 989

All new or changes submitted electronically incur zero charges.
Mine ID Request: The Mine ID Request Form is an optional form that may be submitted by the
mine operator to request a mine identification number. The form only needs to be completed and
submitted once electronically. Provisions have not been made to distribute hard copies of the
form so it can only be completed on-line at MSHA’s web site. Mine operators may also call
MSHA and the form can be completed for them by MSHA staff.
Notification of Commencement of Operations and Closing of Mines: For most mine operators, a
long distance call must be made to notify MSHA that the mine has opened or closed. It is
estimated that the cost to respondents who telephone the notification to MSHA averages 77 cents
(35 cents for the first minute + 42 cents for 2 additional minutes) per telephone response.
2,645 telephone responses x $0.77 per call =

$2,037

It is estimated that the cost to mine operators who respond in writing is 34 cents (postage) per
written response.
529 written responses x $0. 41 per mailing =

$ 207

GRAND TOTAL BURDEN COST:

$3,550

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to
estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing,
and support staff), and any other expense that would not have been incurred without this collection of information.
Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Representative of Miners: The cost to the Federal Government is estimated to be negligible in
that the District Manager maintains only a current register of representatives of miners.

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Notification of Legal Identity: MSHA enforcement personnel examine the records during
routine inspection. There is no significant cost to the Federal Government.
Legal ID Request: MSHA personnel utilize the mine operator provided information to assign a
mine identification number. There is no significant cost to the Federal Government.
Notification of Commencement of Operations and Closing of Mines: MSHA receives
approximately 76 notifications of new metal and nonmetal mines opening each year. With each
notification, an MSHA inspector must complete a mine information form and supplemental
information form. MSHA estimates that it takes an inspector approximately 45 minutes (0.75
hours) to complete each form, and it takes a clerical person approximately 15 minutes (0.25
hours) to enter the data into a computer.
76 notifications x 0.75 hours/notification
76 notifications x 0.25 hours/notification

=
=

57 hours
19 hours

57 hours x $30.57 per hour (average salary of MSHA mine inspector) = $1,742.49
(MSHA pay based on 2007 pay schedule GS 12/5 grade, without locality pay)
19 hours x $17.24 per hour (average salary of clerical staff person) = $327.56
(MSHA pay based on 2007 pay schedule GS 7/5 grade, without locality pay)
Federal Government Burden Hours =
Federal Government Burden Cost =

76 hours
$2,070

MSHA also receives approximately 1,950 notifications of metal and nonmetal mines closing or
re-opening. MSHA estimates that it takes an Agency inspector approximately 15 minutes (0.25
hours) to revise the information on the two forms noted above, and it takes a clerical person
approximately 5 minutes (0.08 hours) to enter the data into a computer.
3,527 notifications x 0.25 hours/notification =
3,527 notifications x 0.08 hours/notification =
882 hours x $30.57 per hour =
282 hours x $17.24 per hour =

882 hours
282 hours

$26,962.74
$ 4,861.68

Federal Government Burden Hours =
Federal Government Burden Cost =

1,164 hours
$31,824

GRAND TOTAL FEDERAL HOURS:
GRAND TOTAL FEDERAL COST:
15. Explain the reasons for any program changes
or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

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= 1,240 hours
= $33,894

1219-0042
The increase in the burden hours and costs is due to an increase in the number of mines and an
increase in postage costs.
16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address
any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning
and ending dates of the collection of information, completion of report, publication dates, and other actions.

MSHA does not intend to publish the results of this information collection.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the
reasons that display would be inappropriate.

MSHA will display the OMB number and expiration date on the MSHA Form 2000-7.
MSHA will display the OMB number and expiration date on the MSHA Form 7000-51.
18t. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork
Reduction Act Submission," of OMB 83-I.

There are no certification exceptions identified with this information collection request.

B.

Collection of Information Employment Statistical Methods

The agency should be prepared to justify its decision not to use statistical methods in any case where such methods might
reduce burden or improve accuracy of results. When Item 17 on the Form OMB 83-I is checked “Yes”, the following
documentation should be included in the Supporting Statement to the extent that it applies to the methods proposed:
1. Describe (including a numerical estimate) the potential respondent universe and any sampling or other respondent
selection methods to be used. Data on the number of entities (e.g., establishments, State and local government units,
households, or persons) in the universe covered by the collection and in the corresponding sample are to be provided in
tabular form for the universe as a whole and for each of the strata in the proposed sample. Indicate expected response
rates for the collection as a whole. If the collection had been conducted previously, include the actual response rate
achieved during the last collection.

This collection of information does not employ statistical methods.
2. Describe the procedures for the collection of information including:
•
•
•
•
•

Statistical methodology for stratification and sample selection,
Estimation procedure,
Degree of accuracy needed for the purpose described in the justification,
Unusual problems requiring specialized sampling procedures, and
Any use of periodic (less frequently than annual) data collection cycles to reduce burden.

3. Describe methods to maximize response rates and to deal with issues of non- response. The accuracy and reliability of
information collected must be shown to be adequate for intended uses. For collections based on sampling, a special
justification must be provided for any collection that will not yield “reliable” data that can be generalized to the universe

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studied.
4. Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an effective means of refining
collections of information to minimize burden and improve utility. Tests must be approved if they call for answers to
identical questions from 10 or more respondents. A proposed test or set of tests may be submitted for approval separately
or in combination with the main collection of information.
5. Provide the name and telephone number of individuals consulted on statistical aspects of the design and the name of the
agency unit, contractor(s), grantee(s) or other person(s) who will actually collect and/or analyze the information for the
agency.

As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.

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LEGAL CITATIONS
Representative of Miners:
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
§103 (f) Subject to regulations issued by the Secretary, a representative of the operator and a
representative authorized by his miners shall be given an opportunity to accompany the Secretary
or his authorized representative during the physical inspection of any coal or other mine made
pursuant to the provisions of subsection (a), for the purpose of aiding such inspection and to
participate in pre- or post-inspection conferences held at the mine. Where there is no authorized
miner representative, the Secretary or his authorized representative shall consult with a
reasonable number of miners concerning matters of health and safety in such mine. Such
representative of miners who is also an employee of the operator shall suffer no loss of pay
during the period of his participation in the inspection made under this subsection. To the extent
that the Secretary or authorized representative of the Secretary determines that more than one
representative from each party would further aid the inspection, he can permit each party to have
an equal number of such additional representatives. However, only one such representative of
miners who is an employee of the operator shall be entitled to suffer no loss of pay during the
period of such participation under the provisions of this subsection. Compliance with this
subsection shall not be a jurisdictional prerequisite to the enforcement of any provision of this
Act.
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 40--REPRESENTATIVE OF MINERS--Table of Contents
Sec. 40.3 Filing procedures.
(a) The following information shall be filed by a representative of miners with the appropriate
District Manager, with copies to the operators of the affected mines. This information shall be
kept current:
(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.
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(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.
(b) The representative of miners shall be responsible for ensuring that the appropriate District
Manager and operator have received all of the information required by this part and informing
such District Manager and operator of any subsequent changes in the information.
Sec. 40.4 Posting at mine.
A copy of the information provided the operator pursuant to Sec. 40.3 of this part shall be
posted upon receipt by the operator on the mine bulletin board and maintained in a current status.
Sec. 40.5 Termination of designation as representative of miners.
(a) A representative of miners who becomes unable to comply with the requirements of this
part shall file a statement with the appropriate District Manager terminating his or her
designation.
(b) The Mine Safety and Health Administration shall terminate and remove from its files all
designations of representatives of miners which have been terminated pursuant to paragraph (a)
of this section or which are not in compliance with the requirements of this part. The Mine
Safety and Health Administration shall notify the operator of such termination.

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Notification of Legal Identity:
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
§109 (d) Each operator of a coal or other mine subject to this Act shall file with the Secretary the
name and address of such mine and the name and address of the person who controls or operates
the mine. Any revisions in such names or addresses shall be promptly filed with the Secretary.
Each operator of a coal or other mine subject to this Act shall designate a responsible official at
such mine as the principal officer in charge of health and safety at such mine, and such official
shall receive a copy of any notice, order, citation, or decision issued under this Act affecting such
mine. In any case where the mine is subject to the control of any person not directly involved in
the daily operations of the coal or other mine, there shall be filed with the Secretary the name
and address of such person and the name and address of a principal official of such person who
shall have overall responsibility for the conduct of an effective health and safety program at any
coal or other mine subject to the control of such person, and such official shall receive a copy of
any notice, order, citation, or decision issued affecting any such mine. The mere designation of a
health and safety official under this subsection shall not be construed as making such official
subject to any penalty under this Act.

TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 41--NOTIFICATION OF LEGAL IDENTITY--Table of Contents
Subpart C--Operator's Report to the Mine Safety and Health
Administration
Sec. 41.20 Legal identity report.
Each operator of a coal or other mine shall file notification of legal identity and every
change thereof with the appropriate district manager of the Mine Safety and Health
Administration by properly completing, mailing, or otherwise delivering form 2000-7 ``legal
identity report'' which shall be provided by the Mine Safety and Health Administration for this
purpose. If additional space is required, the operator may use a separate sheet or sheets.

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Notification of Commencement of Operations and Closing of Mines:
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
§SEC. 103. (a) Authorized representatives of the Secretary or the Secretary of Health, Education,
and Welfare shall make frequent inspections and investigations in coal or other mines each year
for the purpose of (1) obtaining, utilizing, and disseminating information relating to health and
safety conditions, the causes of accidents, and the causes of diseases and physical impairments
originating in such mines, (2) gathering information with respect to mandatory health or safety
standards, (3) determining whether an imminent danger exists, and (4) determining whether there
is compliance with the mandatory health or safety standards or with any citation, order, or
decision issued under this title or other requirements of this Act. In carrying out the requirements
of this subsection, no advance notice of an inspection shall be provided to any person, except that
in carrying out the requirements of clauses (1) and (2) of this subsection, the Secretary of Health,
Education, and Welfare may give advance notice of inspections. In carrying out the requirements
of clauses (3) and (4) of this subsection, the Secretary shall make inspections of each
underground coal or other mine in its entirety at least four times a year, and of each surface coal
or other mine in its entirety at least two times a year. The Secretary shall develop guidelines for
additional inspections of mines based on criteria including, but not limited to, the hazards found
in mines subject to this Act, and his experience under this Act and other health and safety laws.
For the purpose of making any inspection or investigation under this Act, the Secretary, or the
Secretary of Health, Education, and Welfare, with respect to fulfilling his responsibilities under
this Act, or any authorized representative of the Secretary or the Secretary of Health, Education,
and Welfare, shall have a right of entry to, upon, or through any coal or other mine.

TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL
MINES--Table of Contents
Subpart A--General
Sec. 56.1000 Notification of commencement of operations and closing of mines.
The owner, operator, or person in charge of any metal and nonmetal mine shall notify the
nearest Mine Safety and Health Administration and Metal and Nonmetal Mine Safety and Health
District Office before starting operations, of the approximate or actual date mine operation will
commence. The notification shall include the mine name, location, the company name, mailing
address, person in charge, and whether operations will be continuous or intermittent.
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When any mine is closed, the person in charge shall notify the nearest subdistrict office as
provided above and indicate whether the closure is temporary or permanent.
Sec. 57.1000 Notification of commencement of operations and closing of mines.
The owner, operator, or person in charge of any metal and nonmetal mine shall notify the
nearest Mine Safety and Health Administration Metal and Nonmental Mine Safety and Health
District Office before starting operations, of the approximate or actual date mine operation will
commence. The notification shall include the mine name, location, the company name, mailing
address, person in charge, and whether operations will be continuous or intermittent. When any
mine is closed, the person in charge shall notify the nearest subdistrict office as provided above
and indicate whether the closure is temporary or permanent.

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