Federal Register

2010-31686 75 FR 79031.pdf

Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines

Federal Register

OMB: 1219-0042

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Notices
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:

emcdonald on DSK2BSOYB1PROD with NOTICES

I. Background
The Federal Mine Safety and Health
Act of 1977 (Mine Act), as amended, 30
U.S.C. 801 et seq., recognizes that
education and training in the
improvement of miner health and safety
is an important element of federal
efforts to make the nation’s mines safer
places in which to work.
Title 30, CFR §§ 48.3 and 48.23
require training plans for underground
and surface mines, respectively. The
standards are intended to assure that
miners will be effectively trained in
matters affecting their health and safety,
with the ultimate goal being the
reduction of injuries and illness in the
nation’s mines. Training plans are
required to be submitted for approval to
the MSHA District Manager for the area
in which the mine is located. Plans
must contain the company name, mine
name, and MSHA identification number
of the mine; the name and position of
the person designated by the operator
who is responsible for health and safety
training at the mine; a list of MSHAapproved instructors with whom the
operator proposes to make arrangements
to teach the courses and the courses
each instructor is qualified to teach; the
location where training will be given for
each course; a description of the
teaching methods and the course
materials which are to be used in
training; the approximate number of
miners employed at the mine and the
maximum number who will attend each
session of training; the predicted time or
periods of time when regularly
scheduled refresher training will be
given including the titles of courses to
be taught, the total number of
instruction hours for each course, and
the predicted time and length of each
session of training; and for new task
training, a complete list of task
assignments, the titles of personnel
conducting the training, the outline of
training procedures used, and the
evaluation procedures used to
determine the effectiveness of the
training. Records of training are
required for underground and surface
mines under §§ 48.9 and 48.29.
II. Desired Focus of Comments
MSHA is particularly interested in
comments that:

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• 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 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
FOR FURTHER INFORMATION CONTACT

section of this notice, or viewed 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 request for collection of
information contains notification and
recordkeeping provisions for the
Proposed Information Collection
Request Submitted for Public Comment
and Recommendations; Training Plans
and Records of Training for
Underground Miners and Miners
Working at Surface Mines and Surface
Areas of Underground Mines, 30 CFR
48.3, 48.9, 48.23, and 48.29. 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: 1219–0009.
Frequency: On occasion.
Affected Public: Business or other forprofit.
Cost to Federal Government:
$428,239.
Total Burden Respondents: 3,017.
Total Number of Responses: 267,417.
Total Burden Hours: 27,793.
Total Hour Burden Cost (operating/
maintaining): $1,082,165.

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79031

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: December 13, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2010–31689 Filed 12–16–10; 8:45 am]
BILLING CODE 4510–43–P

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
Mine Safety and Health
Administration, Labor.
ACTION: Notice of request for public
comments.
AGENCY:

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.
SUMMARY:

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79032

Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Notices

(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.

emcdonald on DSK2BSOYB1PROD with NOTICES

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 § 40.3 with the Mine Safety and
Health Administration (MSHA) district
manager and the mine operator; § 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

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(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;

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• 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;
§ 41.20, Notification of Legal Identity;
and §§ 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 forprofit.
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

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