1219-0042 60 Day PUBLISHED FRN v82 p12853

1219-0042 PUBLISHED 60 Day FRN 3-7-17.pdf

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

1219-0042 60 Day PUBLISHED FRN v82 p12853

OMB: 1219-0042

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Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
during the examination, the person
conducting the examination must make
a record of the condition. All
certifications and records must be
retained for one year.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Records of Tests
and of Examinations of Personnel
Hoisting Equipment. 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, including 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 USDOL-Mine
Safety and Health Administration, 201
12th South, Suite 4E401, Arlington, VA
22202–5452. Sign in at the receptionist’s
desk on the 4th floor via the East
elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.

sradovich on DSK3GMQ082PROD with NOTICES

III. Current Actions
This request for collection of
information contains provisions for
Records of Tests and of Examinations of
Personnel Hoisting Equipment. MSHA
has updated the data with respect to the
number of respondents, responses,
burden hours, and burden costs
supporting this information collection
request.

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Jkt 241001

Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0034.
Affected Public: Business or other forprofit.
Number of Respondents: 225.
Frequency: On occasion.
Number of Responses: 61,366.
Annual Burden Hours: 5,133 hours.
Annual Respondent or Recordkeeper
Cost: $270,000.
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.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2017–04331 Filed 3–6–17; 8:45 am]
BILLING CODE 4510–43–P

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
Mine Safety and Health
Administration, Labor.
ACTION: 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
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 on the
information collection for
Representative of Miners, Notification of
Legal Identity, and Notification of
Commencement of Operations and
Closing of Mines.
DATES: All comments must be received
on or before May 8, 2017.
SUMMARY:

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12853

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–
2017–0004.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: USDOL–Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th floor
via the East elevator.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
[email protected]
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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 the Mine Safety and Health
Administration (MSHA) to collect
information necessary to carry out its
duty in protecting the safety and health
of miners.
The Mine Act establishes miners’
rights that may be exercised through a
representative. Title 30, Code of Federal
Regulations (30 CFR) part 40 contains
procedures that a person or organization
must follow 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 40.2 requires a
representative of miners to file the
information specified in 30 CFR 40.3
with the MSHA district manager and the
mine operator. Title 30 CFR 40.3
requires the following information to be
filed with MSHA:
(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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sradovich on DSK3GMQ082PROD with NOTICES

12854

Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

(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.
Title 30 CFR 40.4 requires that a copy
of the information provided the operator
pursuant to section 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.
Under 30 CFR 40.5, a representative
who becomes unable to comply with the
requirements of part 40 must file a
written statement with the appropriate
MSHA 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.
MSHA’s regulations in 30 CFR part 41
provides for 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 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. 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 Office of the Solicitor
in determining proper parties to actions
arising under the Mine Act.

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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. Therefore,
allowing mine operators to submit
MSHA Form 7000–51 electronically
facilitates this process.
Notification 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.
MSHA must be aware of mine
openings and closings so that its
resources can be used efficiently in
achieving the requirements of the Mine
Act. Section 103(a) of the Mine Act
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 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 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, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,

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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 USDOL-Mine
Safety and Health Administration, 201
12th South, Suite 4E401, Arlington, VA
22202–5452. Sign in at the receptionist’s
desk on the 4th floor via the East
elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.
III. Current Actions
This request for collection of
information contains provisions for
Representative of Miners, Notification of
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 forprofit.
Number of Respondents: 10,481.
Frequency: On occasion.
Number of Responses: 10,481.
Annual Burden Hours: 2,010 hours.
Annual Respondent or Recordkeeper
Cost: $842.
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.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2017–04332 Filed 3–6–17; 8:45 am]
BILLING CODE 4510–43–P

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