Supporting Statement A

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Supporting Statement for 
Representative of Miners, Notification of Legal Identity, and 
Notification of Commencement of Operations and Closing of Mines
Paperwork Reduction Act Submission

This information collection request (ICR) seeks to extend, without change, a currently approved information collection.

OMB Control Number: 1219-0042

Information Collection Request Title: Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines 

Type of OMB Review: Extension, without change, a currently approved information collection

Authority: 
Subchapter G - Filing and Other Administrative Requirements
Part 40 - Representative of Miners
30 CFR 40.2 - Requirements.
30 CFR 40.3 - Filing procedures.
30 CFR 40.4 - Posting at mine.
30 CFR 40.5 - Termination of designation as representative of miners.

Part 41- Notification of Legal Identity
Subpart B - Notification of Legal Identity
30 CFR 41.10 – Scope.
30 CFR 41.11 - Notification by operator.
30 CFR 41.12 - Changes; notification by operator.
30 CFR 41.13 - Failure to notify.

Subpart C - Operator's Report to the Mine Safety and Health Administration
30 CFR 41.20 - Legal identity report.

Subchapter K - Metal and Nonmetal Mine Safety and Health
Part 56 - Safety and Health Standards - Surface Metal and Nonmetal Mines
Subpart A - General
30 CFR 56.1000 - Notification of commencement of operations and closing of mines.

Part 57 - Safety and Health Standards - Underground Metal and Nonmetal Mines
Subpart A – General
30 CFR 57.1000 - Notification of commencement of operations and closing of mines.

Collection Instrument(s): 
MSHA Form 2000-238, Representative of Miners Designation Form
MSHA Form 2000-7, Legal Identity Report 
MSHA Form 7000-51, Mine Operator Identification Request

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses or employ statistical methods” is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

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(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, 30 U.S.C. 813(h), 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. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a), 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 and metal and nonmetal (MNM) mines.

The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) governs paperwork burdens imposed on the public by Federal agencies for using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, the PRA also establishes policies and procedures of information collection for controlling paperwork burdens imposed by Federal agencies on the public, including evaluating public comments. 

To fulfill its statutory mandate to promote miners’ health and safety, MSHA requires the information collected under the ICR titled “Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines.” This information collection is intended to ensure the identification of the representative of miners are shared with both operators and miners; identification of the persons charged with violating mandatory safety and health standards and in the assessment of civil penalties for those violations; assigning a unique mine identification number; and proper notification of commencement of operations and closure of MNM mines.  

Burden costs associated with this ICR include: 

I. Representative of Miners Designation Forms, MSHA Form 2000-238 (30 CFR 40.2 through 40.5)
II. Legal Identity Reports, MSHA Form 2000-7 (30 CFR 41.10 through 41.20)
III. Mine Operator Identification Requests, MSHA Form 7000-51 (30 CFR 41.10 through 
41.20)
IV. Notifications of commencing and closing of MNM mines (30 CFR 56.1000 and 57.1000)

The associated standards that authorize the collection of information are described below. 

I.	Representative of Miners Designation Forms, MSHA Form 2000-238 (30 CFR 40.2 through 40.5)

Section 103(f) and (g) of the Mine Act, 30 U.S.C. 813(f) and (g), establishes miners’ rights that may be exercised through a representative. 30 CFR 40 defines what is meant by “representative of miners”, a term that is not defined in the Mine Act, and describes the filing procedures to identify a person or organization as a representative of miners by the Secretary.

Under 30 CFR 40.2, a representative of miners shall file with the MSHA District Manager for the district in which the mine is located the information required by 30 CFR 40.3. (MSHA collects the information using MSHA Form 2000-238, Representative of Miners Designation Form). Concurrently, a copy of this information shall be provided to the operator of the mine by the representative of miners. Miners or their representative organization may appoint or designate different persons to represent them under various sections of the [Mine] act relating to representatives of miners. All information filed pursuant to this part shall be maintained by the appropriate MSHA District Office and shall be made available for public inspection.

Under 30 CFR 40.3(a), the information must be filed by the representative of miners with the appropriate MSHA District Manager, with copies to the operators of the affected mines. This information shall be filed and kept current in accordance with 30 CFR 40.3(a)(1) through 40.3(a)(7).
	

Under 30 CFR 40.3(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.

Under 30 CFR 40.4, a copy of the information provided to the operator pursuant to 30 CFR 40.3 shall be posted upon receipt by the operator on the mine bulletin board and maintained in a current status.  

Under 30 CFR 40.5(a), a representative of miners who becomes unable to comply with the requirements of part 40 shall file a statement with the appropriate MSHA District Manager terminating his or her designation. 

Under 30 CFR 40.5(b), MSHA shall terminate and remove from its files all designations of representatives of miners which have been terminated pursuant to 30 CFR 40.5(a) or which are not in compliance with the requirements of this part. MSHA shall notify the mine operator of such termination.
	
II.	Legal Identity Reports, MSHA Form (30 CFR 41.1 through 41.20)

Section 109(d) of the Mine Act, 30 U.S.C. 819(d), 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 revisions in such names and addresses. 

Section 103(h) of the Mine Act, 30 U.S.C. 813(h), requires the operator of a coal or other mine to establish and maintain records, make reports, and provide information, as the Secretary may reasonably require from time to time to enable him to perform his functions under the [Mine] act.
The regulations in 30 CFR 41 Subpart B provide for the notification to MSHA of the legal identity of the operator of a coal or other mine and the reporting of all changes in the legal identity of the operator as they occur. The submission of a properly completed Legal Identity Report Form No. 2000-7 required under 30 CFR 41 Subpart C will constitute adequate notification of legal identity to MSHA.

Under 30 CFR 41.11(a), not later than 30 days after (1) the effective date of this part, and (2) the opening of a new mine thereafter, the operator of a coal or other mine shall, in writing, notify the appropriate district manager of MSHA in the district in which the mine is located of the legal identity of the operator in accordance with the applicable provisions of paragraph (b), (c), (d), or (e) of this section 41.11.

Under 30 CFR 41.12, within 30 days after the occurrence of any change in the information required by section 41.11, the operator of a coal or other mine shall, in writing, notify the appropriate district manager of MSHA in the district in which the mine is located of such change.

Under 30 CFR 41.13, failure of the operator to notify MSHA, in writing, of the legal identity of the operator or any changes thereof within the time required under this part will be considered to be a violation of section 109(d) of the [Mine] Act and shall be subject to penalties as provided in section 110 of the [Mine] Act.

Under 30 CFR 41.20, each operator of a coal or other mine shall file notification of legal identity and every change thereof with the appropriate district manager of MSHA by properly completing, mailing, or otherwise delivering form 2000-7 “legal identity report” which shall be provided by MSHA for this purpose. If additional space is required, the operator may use a separate sheet or sheets.

III.	Mine Operator Identification Requests, MSHA Form 7000-51 (30 CFR 41.1 through 41.20)

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 Legal Identity Report MSHA Form 2000-7. MSHA requires Form 7000-51 to be submitted electronically, facilitating this legal identity reporting process.
	
IV.	Notification of Commencing and Closing MNM Mines (30 CFR 56.1000 and 57.1000)

Under 30 CFR 56.1000 (Surface) and 57.1000 (Underground), the owner, operator, or person in charge of any MNM mine shall notify the nearest MSHA 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 district office as provided above and indicate whether the closure is temporary or permanent.

Mine operators’ burden and costs associated with recordkeeping and reporting requirements of notifications of opening or reopening in coal mines are included in a separate information collection request under OMB Control Number 1219-0073 titled “Mine Mapping and Records of Opening, Closing, and Reopening of Mines.”

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 Designation Form, MSHA Form 2000-238: The information submitted to MSHA is used by the Agency to identify the representative of miners for all purposes provided for in the Mine Act. Information submitted in compliance with 30 CFR part 40 requirements also serves to notify both the operator and individual miners of the identity of the miners’ representative. Section 103(f) of the Mine Act, 30 U.S.C. 813(f), indicates that providing notification to the operator ensures that the miners’ representative, who is also an employee of the operator, suffer no loss of pay during participation in a physical inspection of the mine. Posting the identity of the representative of miners at the mine also ensures that miners who wish to exercise their rights through the miners’ representative know whom to contact.

Legal Identity Report, MSHA Form 2000-7: MSHA uses the legal identity of a mine operator to properly identify persons and entities charged with violating mandatory safety and health standards and in the assessment of civil penalties for those violations. 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 interests in other mines held by the operator and relevant persons in a partnership, corporation, or other organization. This information is also necessary for the Department’s Office of the Solicitor to determine proper parties to actions arising under the Mine Act and expedite serving documents on the mine operator.

Mine Operator Identification Request, MSHA Form 7000-51: MSHA enters the information provided by the mine operator into MSHA Standardized Information System (MSIS) and assigns a mine identification number unique to the mine.

Notification of Commencing and Closing MNM Mines: The MSHA official in charge of the district office that services the affected mine is responsible for receiving the information and informing the appropriate supervisors and inspectors. Mine operators must make MSHA 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. Under section 103(a) of the Mine Act, 30 U.S.C. 813(a), each underground mine must 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 inspector time and trips. Inspection plans can also be developed to include coverage of the mines that are currently in operation to ensure that statutory inspection requirements are 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.

No improved information technology has been identified that would reduce the burden of this collection. To comply with the Government Paperwork Elimination Act of 1998 (GPEA), 44 U.S.C. 3504, mine operators may submit or retain records in whatever form they choose, including using computer technology to store records electronically, provided they are secure and not susceptible to loss or alteration. MSHA encourages operators who store records electronically to provide a mechanism that will allow the continued storage and retrieval of records.

Representative of Miners Designation Form, MSHA Form 2000-238: To comply with GPEA, MSHA provides a form for miners’ representatives to file the necessary information under 30 CFR 40.3 using a web-based application. MSHA Form 2000-238 provides the option for miners to request that the designated representative file the form confidentially. The miners' representative may complete the form, submit it electronically; print it out, send it by mail; or give it to the District Manager or the MSHA inspector in person. MSHA also provides access to the form through the use of the MSHA call center, which assists the miners' representative in filling out and filing the form. Almost all of the notices of miners’ representatives are in the form of written correspondence or formal letters. Almost all of the correspondences are hand delivered to MSHA district and field offices or presented to MSHA inspectors while on the mine site.  

Legal Identity Report, MSHA Form 2000-7: MSHA Form 2000-7 is available online for submission on MSHA’s web page. Respondents submit approximately 94 percent of the forms electronically.

Mine Operator Identification Request, MSHA Form 7000-51: Operators can only complete the form online at MSHA’s website. When the mine operator contacts the local field or District Office regarding what information MSHA needs to obtain a mine identification number, MSHA informs them that the form is available on the MSHA website and that they must submit the information electronically. MSHA estimates that all respondents will submit MSHA Form 7000-51 electronically.

Notification of Commencing and Closing of MNM Mines: While MSHA has not identified any improved information technology that would reduce the burden, mine operators can submit the information electronically using email. MSHA estimates that respondents make approximately 75 percent of all MNM mine openings and closings notifications by telephone, 10 percent verbally in face-to-face notifications to MSHA inspectors during routine inspections, 15 percent in writing, and very few electronic submissions.  

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 A.2 above.

No similar or duplicate information is available or submitted to MSHA. 

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. 
 
The information collection provisions apply to all mine operators, both large and small. Congress intended that the Secretary enforce the law at all mining operations within the Agency’s jurisdiction regardless of size and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Mine Act. Section 103(e) of the Mine Act, 30 U.S.C. 813(e), directs the Secretary not to impose an unreasonable burden on small businesses when obtaining any information under the Mine Act. MSHA considered the burden on small mines when developing the collection and believes that this ICR does not have a significant impact on a substantial number of small businesses or other small entities. 

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 Designation Form, MSHA Form 2000-238: Under the Mine Act, miners are entitled to exercise all statutory rights. One statutory right is to designate a representative to accompany the Secretary's authorized representative during an inspection of the mine. Without this information, MSHA may be unable to fulfill its duty to miners by permitting a miners' representative to accompany the Secretary's authorized representative during the physical inspection of any mine or pre- and post-inspection conferences. The person seeking to be designated as a representative of miners must file the information required under 30 CFR 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.

Legal Identity Report, MSHA Form 2000-7: The information concerning the legal identity of the mine operator and any changes that may occur needs to be submitted only once if a change occurs. Without the information, MSHA would be unable to properly ascertain the identity of persons and entities charged with violating mandatory health and safety standards and properly assessing civil penalties based on ownership of mines. Also, this information is necessary for the Department of Labor Office of the Solicitor to determine the proper parties to be included in legal actions authorized by the Mine Act.

Mine Operator Identification Request, MSHA Form 7000-51: The information concerning a mine operator, mine name, location, and other relevant data needs to be submitted only once per change. This information is necessary for the same reasons as the Legal Identity Report.

Notification of Commencing and Closing of MNM Mines: The MNM mine operator must notify MSHA once of each opening or closing. If the Agency is not notified, 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 is not aware that the mine had re-opened if the Agency is not notified as required. 


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 statue 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 consistent with the guidelines in 5 CFR 1320.5.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 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 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.

In accordance with 5 CFR 1320.8(d), MSHA will publish the proposed ICRs in the Federal Register, notify the public that this ICR is reviewed in accordance with the PRA, and provide 60 days for the public to submit comments. MSHA published a 60-day Federal Register notice on June 1, 2026 (91 FR 32453). MSHA received 1 comment from the United Miner Workers of America (UMWA) that is in support of the information collection. MSHA is not taking any action since UMWA supports the information collection.

9. Explain any decision to provide any payments or gifts to respondents, other than remuneration of contractors or grantees.

MSHA does not provide payment or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

On MSHA Form 2000-238, Representative of Miners Designation Form, respondents can elect to keep the name and telephone number of each miner designating a miner’s representative confidential, which is based on sections 103(f) and (g) of the Mine Act, 30 U.S.C. 813(f) and (g).  

For MSHA Form 2000-7, Legal Identity Report, and MSHA Form 7000-51, Mine Operator Identification Request, there is no assurance of confidentiality provided to respondents. However, the records submitted to MSHA are covered by a Privacy Act Systems of Records Notice (SORN) DOL/MSHA-1, Mine Safety and Health Administration Standardized Information System (MSIS) (April 29, 2016, 81 FR 25766). Each form contains a Privacy Act notice as personally identifiable information, such as social security numbers, collected on these forms falls under the Privacy Act (April 8, 2002, 67 FR 16816). The records are stored in locked file cabinets and are accessible only to authorized personnel during working hours.  

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 from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature aside from social security numbers and names covered by the SORN referenced in Question 10 that is needed to identify each miner. 

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.

    • 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 information collection activities should not be included here.  Instead, this cost should be included under ‘Annual Cost to Federal Government’.

Respondents

All information related to quantities and inspection rates are estimated by MSHA’s Headquarter Enforcement Division based on field experience with different types of mining operations, sizes of mines, and the frequency of inspections dictated by statute. Mine operators provide MSHA Headquarter Enforcement Division with the number of mines and employment, and from this information MSHA tracks the number of active and inactive mines and mine types throughout the United States.

Based on MSHA internal data (MicroStrategy) as of December 2025, MSHA estimates there are 12,495 active mines, of which 948 are coal mines and 11,547 are MNM mines. MSHA also estimates there are 602 new mines in 2025 whose Mine ID numbers appeared for the first time in year 2025 in MSHA’s internal data. MSHA estimates that roughly 80 percent of all mines (9,996 mines) will be affected by this ICR.

Wage Rates Determination1

MSHA used data from the May 2024 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates2 and adjusts the rates for benefits,3 wage inflation,4 and overhead costs.5 The occupations listed below in Table 12-1 are those that are determined to be relevant for the cost calculations.

Table 12-1. Estimated Hourly Wage Rates
Occupation
NAICS Code
Average Hourly
 Wage Rate
Benefit Multiplier
Inflation Multiplier
Overhead Multiplier
Loaded Hourly 
Wage Rate


A
B
C
D
A x B x C x D
Miner Representative [a]
212100,
212200, 212300
$29.48
1.451
1.040
1.17
$52.05
Clerk [b]
212100,
212200,
212300 
$26.14
1.451
1.040
1.17
$46.16
Clerk (MNM) [b]
212200,
  212300 
$26.09
1.451
1.040
1.17
$46.06
Notes: 
Benefit Multiplier – MSHA uses the latest 4-quarter moving average 2024Q3-2025Q2 to determine that 31.1 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.451 = 1+(0.311/(1-0.311)). 
Inflation Multiplier – The inflation multiplier is determined by using the employment price index from the most current quarter, 2025Q2, divided by the base year and quarter of the OEWS employment and wage statistics, 2024Q2, for private industry workers in construction, extraction, farming, fishing, and forestry occupations, current dollar index. The inflation multiplier is 1.040 = 169.6/163.1. 
Overhead Multiplier – MSHA uses an overhead rate of 17 percent.
[a] The Standard Occupation Classification (SOC) codes used for this occupation are (47-5022), (47-5023), (47-5032), (47-5041), (47-5043), (47-5044), (47-5049), (47-5051), (47-5081), (47-5099), (49-9071), (51-9021), (53-3032), and (53-3033).
[b] The SOC codes used for this occupation are (43-3031), (43-3051), (43-5061), (43-5071), and (43-9061).


    I. Representative of Miners Designation Forms, MSHA Form 2000-238 (30 CFR 40.2 through 40.5)

Under 30 CFR 40.2, the miners’ representative files the information with both MSHA and the affected mine operator in MSHA Form 2000-238. Under 30 CFR 40.4, a copy of the information provided to the operator pursuant to 30 CFR 40.3 shall be posted upon receipt by the operator on the mine bulletin board and maintained in a current status. Once the miners’ representative has filed the information, a representative retains his or her status until the designation is terminated. The reporting burden is, therefore, limited to the turnover or replacement of designated miners’ representatives. 

MSHA internal data (MicroStrategy) indicate that there were 948 active coal mines as of December 2025. MSHA personnel estimate that 2 percent (19 = 948 mines x 2 percent) of the total active coal mines will file to obtain or update new miners’ representative designations with MSHA annually. Additionally, MSHA receives approximately 60 notifications of new or modified miners’ representative designation forms in MNM districts each year. Together, MSHA estimates an average of 79 (=19 + 60) mines will file MSHA Form 2000-238 to change or obtain new miners’ representative designations with the Agency. Almost all forms are hand delivered to MSHA district and field offices or presented to MSHA inspectors while on the mine site.

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 takes a miner representative, earning $52.05 per hour, an average of 45 minutes to prepare and print one required designation form for both the MSHA District Office and the mine operator. MSHA also estimates that it takes a clerk, earning $46.16 per hour, 5 minutes to post a notification on the mine bulletin board.  

Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Miners Representative Designation Forms, MSHA Form 2000-238 (30 CFR 40.2 through 40.5)
Activity (Occupation)
No. of Respondents (Mines)
No. of Responses per Respondent
Total Responses (MSHA Form 
2000-238)
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
I. Submitting Representative of Miners Designation Forms (Miner Representative)
79
1
79
0.75
59.25
$52.05 
$3,083.96 
I. Posting Representative of Miners Designation Forms (Clerk)
79
1
79
0.08
6.58
$46.16 
$303.89 
Subtotal (Rounded)
79
 
79
 
66
 
$3,388
Notes: The total number of respondents and responses does not correspond to the sum of rows because different respondents work on the same record.


    II. Legal Identity Reports, MSHA Form 2000-7 (30 CFR 41.10 through 41.20)

Under 30 CFR part 41, each operator of a mine must 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 revisions in such names and addresses.

Based on MSHA internal data, MSHA estimates that there were about 12,495 active mines in operation in 2025, of which about 602 were mines with ID’s appearing for the first time in that year. Of the remaining 11,893 mines, MSHA estimates that about 5,352 mine operators (or about 45 percent) will amend the information in their legal identity reports each year. MSHA Form 2000-7, Legal Identity Report, is used to notify MSHA of the legal identity of the mine operator. 

For both initial reports and amendments, MSHA estimates that six percent of respondents submit in a hard copy format and that 94 percent submit electronically. Therefore, MSHA estimates each year about 566 new mines file electronically and 36 new mines would file hard copies of the Legal Identity Report. Additionally, MSHA estimates each year about 5,031 existing mines file electronically and 321 existing mines would file hard copies of amended Legal Identity Reports, .

Table 12-3a. Number of Mines Submitting Legal Identity Reports
 
No. of Mines
No. of Mines Submitting Legal Identity Reports
Electronic Submission (94 Percent)
Paper Submission (6 Percent)
Submissions from New Mines
602
602
566
36
Amended Submissions from Existing Mines
11,893
5,352
5,031
321
Total
12,495
5,954
5,597
357

MSHA estimates that it takes a clerk, earning $46.16 per hour, 20 minutes electronically and 30 minutes using a hard copy to complete a Legal Identity Report for newly opened mines. MSHA estimates that it takes a clerk 10 minutes electronically and 15 minutes using a hard copy to amend the information in a previously submitted Legal Identity Report. 


Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Legal Identity Reports, MSHA Form 2000-7 (30 CFR 41.10 through 41.20)
Activity (Occupation)
No. of Respondents (Mines)
No. of Responses per Respondent
Total Responses (MSHA Form 
2000-7)
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
II. Submitting New Mine Legal Identity Reports - Hard Copies (Clerk)
36
1
36
0.50
18.00
$46.16 
$830.88 
II. Submitting New Mine Legal Identity Reports – Electronic Copies (Clerk)
566
1
566
0.33
188.67
$46.16 
$8,708.85 
II. Submitting Amended Mine Legal Identity Reports - Hard Copies (Clerk)
321
1
320.85
0.25
80.21
$46.16 
$3,702.61 
II. Submitting Amended Legal Identity Mine Reports – Electronic Copies (Clerk)
           5,031 
1
5,031 
0.17
838.50 
$46.16 
$38,705.16 
Subtotal (Rounded)
 5,954 
 
       5,954 
 
  1,125 
 
$51,949 


    III. Mine Operator Identification Requests, MSHA Form 7000-51 (30 CFR 41.10 through 41.20)

Mine operators request mine identification numbers must use MSHA Form 7000-51, Mine Operator Identification Request, prior to completing and submitting a Legal Identity Report using MSHA Form 2000-7. MSHA estimates that each year there are an average of 12,495 mines in operation, of which about 602 are new mines that would need to request mine identification numbers.  

MSHA estimates that it takes a clerical worker, earning an average hourly wage of $46.16, 20 minutes to complete a report for newly opened or soon-to-be-opened mines. MSHA also estimates that respondents will complete all these forms online.


Table 12-4. Estimated Annual Respondent Hour and Cost Burden, Mine Operator Identification Requests, 7000-51 30 CFR 41.10 through 41.20)
Activity (Occupation)
No. of Respondents (Mines)
No. of Responses per Respondent
Total Responses (MSHA Form 
7000-51)
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
III. Submitting Mine Operator Identification Request (Clerk)
602
1
602
0.33
200.67
$46.16 
$9,262.77 
Subtotal (Rounded)
602
 
602
 
201
 
$9,263 


    IV. Notification of Commencing and Closing MNM Mines (30 CFR 56.1000 and 57.1000)

Under 30 CFR 56.1000 (Surface) and 57.1000 (Underground), operators of MNM mines must notify MSHA when the operation of a mine will commence operation or when a mine will be closed.  

MSHA estimates 25 percent of the 11,547 active MNM mines (2,887 mines) submit notifications of the commencement of operation and closing of mines annually from MNM mines. Most of these are temporary in nature and reflect the seasonal status of the mines. MSHA estimates that approximately 75 percent of all MNM mine opening and closing notifications (2,165 notifications = 2,887 mines x 75 percent) are communicated to MSHA through telephone calls, 10 percent (289 notifications = 2,887 mines x 10 percent) conveyed verbally to the MSHA inspector during routine inspections, and the remaining 15 percent (433 notifications = 2,887 x 15 percent) submitted in writing.
 
MSHA estimates that it takes a clerical worker working in MNM mines, earns an hourly wage of $46.06 per hour, 3 minutes to submit a mine opening and closing notifications by telephone calls and 30 minutes by writing. The time burden is de minimis when the notification is submitted verbally to the MSHA inspector during routine mine inspections.


Table 12-5. Estimated Annual Respondent Hour and Cost Burden, Notifications of Commencing and Closing of MNM Mines (30 CFR 56.1000 and 57.1000)
Activity (Occupation)
No. of Respondents (Mines)
No. of Responses per Respondent
Total Responses (Notifications)
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
IV. Submitting Notifications – Telephone (Clerk MNM)
2,165
1
2,165
0.05
108.25
$46.06 
$4,986.00 
IV. Submitting Notifications – Verbal (Clerk MNM)
289
1
289
0
0
$46.06 
$0.00 
IV. Submitting Notifications – Written (Clerk MNM)
433
1
433
0.50
216.5
$46.06 
$9,971.99 
Subtotal
(Rounded)
2,887
 
2,887
 
325
 
$14,958 

Hour Burden Summary

MSHA estimates that roughly 9,522 respondents (mine operators) would incur, on average, an annual collection burden of 1,717 hours.

Table 12-6. Estimated Annual Respondent Hour and Cost Burden, Summary
Activity
No. of Respondents
No. of Responses per Respondent
Total Responses
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
I. Representative of Miners Designation Forms, MSHA Form 2000-238
79

79

65.83

$3,387.85
II. Legal Identity Reports, MSHA Form 2000-7 
5,954

5,954

1,125.42

$51,949.23
III. Mine Operator Identification Requests, MSHA Form 7000-51
602

602

200.67

$9,262.77
IV. Notifications of Commencing and Closing MNM Mines
2,887

2,887

324.75

$14,957.99
Total (Rounded)
9,522
 
9,522
 
1,717
 
$79,558 


Table 12-7. Estimated Annual Respondent Hour and Cost Burden, Summary by Activity and Occupation
Activity (Occupation)
No. of Respondents
No. of Responses per Respondent
Total Responses
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
I. Submitting Representative of Miners Designation Forms (Miner Representative)
79
1
79
0.75
59.25
$52.05
$3,083.96
I. Posting Representative of Miners Designation Forms (Clerk)
79
1
79
0.08
6.58
$46.16
$303.89
II. Submitting New Mine Legal Identity Reports - Hard Copies (Clerk)
36
1
36
0.50
18.00
$46.16
$830.88
II. Submitting New Mine Legal Identity Reports – Electronic Copies (Clerk)
566
1
566
0.33
188.67
$46.16
$8,708.85
II. Submitting Amended Mine Legal Identity Reports - Hard Copies (Clerk)
321
1
321
0.25
80.25
$46.16
$3,704.34
II. Submitting Amended Legal Identity Mine Reports – Electronic Copies (Clerk)
5,031
1
5,031
0.17
838.50
$46.16
$38,705.16
III. Submitting Mine Operator Identification Requests (Clerk)
602
1
602
0.33
200.67
$46.16
$9,262.77
IV. Submitting Notifications – Telephone (Clerk MNM)
2,165
1
2,165
0.05
108.25
$46.06
$4,986.00
IV. Submitting Notifications – Verbal (Clerk MNM)
289
1
289
0.00
0.00
$46.06
$0.00
IV. Submitting Notifications – Written (Clerk MNM)
433
1
433
0.50
216.50
$46.06
$9,971.99
Total (Rounded)
9,522
 
9,522
 
1,717
 
$79,558
Note: The sum of the number of respondents and the sum of the number of responses might not add up to the total reported numbers in the table due to multiple people responding to the same activity.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information.  (Do not include the cost of any hour burden already reflected on the burden worksheet).
    • 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 generating, maintaining, and disclosing or providing the information.  Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.  Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.

    • 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) before 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.

I. Representative of Miners Designation Forms, MSHA Form 2000-238 (30 CFR 40.2 through 40.5)

Almost all the notices of miners’ representatives are in the form of written correspondence or form letters when submitting MSHA Form 2000-238. Almost all the correspondences are hand delivered to MSHA district and field offices or presented to MSHA inspectors while on the mine site. MSHA believes that no specific equipment is necessary, and no equipment costs are incurred in complying with this standard. Therefore, the printing cost of 79 copies of Miners Representative Designation form (MSHA Form 2000-238), 1 page for each form, is negligible and has not been assigned a cost to this burden.    

II. Legal Identity Reports, MSHA Form 2000-7 (30 CFR 41.10 through 41.20)

The mine operator only needs to complete Legal Identity Report (MSHA Form 2000-7) and submit the form once to notify MSHA of the legal identity of the mine operator. Therefore, there is no start-up cost, operation and maintenance cost, or purchase of services cost, associated specifically with this regulatory requirement.  

MSHA estimates that six percent of respondents would submit a hard copy in written format. In total, 357 mines would file hard copies and incur costs, including 36 new mines and 321 existing mines. The remaining and 94 percent (5,597 mines) would file Legal Identity Reports electronically and incur zero costs.
On average, MSHA estimates that a mine operator who responds in writing would spend $1 for printing and mailing an MSHA Form 2000-7. MSHA estimates that 357 notifications will impose a recordkeeping cost of $357. 

III. Mine Operator Identification Request, MSHA Form 7000-51 (30 CFR 41.10 through 41.20)

All mines are required to apply for a MSHA mine identification number. The Mine Operator Identification Request is a mandatory MSHA Form 7000-51 that the mine operator must submit to request a mine identification number. The mine operator only needs to complete and submit the form once. MSHA has not made provisions to distribute hard copies of the form so operators can only complete it online at MSHA’s website. Mine operators may also call MSHA and MSHA staff can complete the form for them. Therefore, MSHA estimates that the electronic submission of 602 Mine Operator Identification Request forms (MSHA Form 7000-51) incurs zero cost.

IV. Notification of Commencing and Closing MNM Mines (30 CFR 56.1000 and 57.1000)

MNM mine operators who notify MSHA about opening or closing mines in writing may incur postage and administrative costs. MSHA estimated that 433 mines would submit such notifications in writing. On average, MSHA estimates that a mine operator who responds in writing may incur a postage cost of $1.00 per page notification. MSHA estimates that 433 written notifications of commencement and closing of MNM mines will impose a cost of $433. 

Annual Recordkeeping Costs Summary

The annual cost burden for recordkeeping is summarized in the table below.

Table 13-1. Estimated Annual Recordkeeping Costs, Summary 
Cost component
No. of Responses
Postage & Admin Cost
Recordkeeping Costs
II. Printing and Mailing Legal Identity Reports
357
$1.00
$357.00
IV. Printing and Mailing Notifications of Commencing and Closing Mines
433
$1.00
$433.00
Total (Rounded)
790
 
$790

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.

Table 14-1. Federal Hourly Wage Rates
Federal Occupation
Occupation Code
Average Wage Rate 
Benefit & Overhead Multiplier
Loaded Hourly Wage Rate


A
B
= A x B 
GS-07 MSHA Clerk [c]
0303
$29.23
1.608
$47.00
GS-12 MSHA Inspector [b]
1822
$45.51
1.608
$79.86
Notes: Hourly wage rates are developed from Office of Personnel Management September 2024 FedScope Employment Cube, http://www.fedscope.opm.gov/. 
[a] Benefit and overhead multiplier = 1 + (MSHA personnel benefits + Federal Employees' Compensation Act + benefits for former personnel + travel and transportation (persons and things) + rental payments (GSA and others))/ costs of pay adjustments, based on FY2025 Revised Enacted Budget: https://www.dol.gov/sites/dolgov/files/general/budget/2026/CBJ-2026-V2-13.pdf). Benefit and overhead multiplier = (1+ ((68,765+6,880+16+10,007+7,000 +15,719+126) / 178,514) = 1.608.
[b] Data search qualifiers are: Agency = DLMS, Occupation = 1822 (Mine Safety and Health Inspection), Work Schedule = Full-Time, Salary Grade = GS-12, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.608. Loaded hourly rate is $79.86 = (($103,644/ 2,087) x 1.608).
[c] Data search qualifiers are: Agency = DLMS, Occupation = 0303 (Miscellaneous Clerk and Assistant), Work Schedule = Full-Time, Salary Grade = GS-07, Measure = Average Salary. The hourly wage is the annual salary divided by 2,087. In order to include the cost of benefits and overhead, MSHA multiplies the average annual salary by a Federal benefit and overhead multiplier for MSHA of 1.608. Loaded hourly rate is $47.00 = (($60,997 / 2,087) x 1.608).

I. Miners Representative Designation Forms, MSHA Form 2000-238 (30 CFR 40.2 through 40.5)

MSHA estimates the cost to the Federal Government to be negligible in that each District Manager maintains only a current register of representatives of miners.

II. Legal Identity Report, MSHA Form 2000-7 (30 CFR 41.10 through 41.20)

MSHA enforcement personnel examine the records during routine inspections. There is no significant cost to the Federal Government.

III. Mine Operator Identification Request, MSHA Form 7000-51 (30 CFR 41.10 through 41.20)

MSHA personnel use the mine operator-provided information to assign a mine identification number. MSHA completes half of the form and also checks to make sure that an ID has not already been assigned to a mine. There is no significant cost to the Federal Government.


IV. Notification of Commencing and Closing MNM Mines (30 CFR 56.1000 and 57.1000)

IV-1. MSHA Completing Forms for New MNM Mines

As noted above, MSHA receives an annual average of 2,887 notifications of the commencement and closing of operations from MNM mines each year. Of those, approximately 12 percent, 346 notifications, are related to new MNM mine openings and closings. With each notification, an MSHA inspector must complete the Legal Identity Report, MSHA Form 2000-7, and supplemental information form. 

MSHA estimates that it takes an MSHA inspector (OPM job series 1822) at the GS-12 level, earning an average wage of $79.86 per hour, approximately 45 minutes to complete the paperwork for a notification including MSHA Form 2000-7 and supplemental information form. MSHA also estimates that it takes an MSHA clerk and assistant (OPM job series 0303) at the GS-7 level, earning an average wage of $47.00 per hour, approximately 15 minutes to enter the data from MSHA Form 2000-7 into a computer.  

Table 14-2. Estimated Federal Hour and Cost Burden, MSHA Completing Forms for New MNM Mines (30 CFR 56.1000 and 57.1000)
Activity (Federal Occupation)
No. of Responses 
(Notifications)
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
IV-1. Completing Legal Identity Reports and Supplemental Information Forms (GS-12 MSHA Inspector)
346
0.75
259.50
$79.86
$20,723.67 
IV-1. Entering Data (GS-07 MSHA Clerk)
346
0.25
86.50
$47.00 
$4,065.50 
Subtotal (Rounded)
346
 
606
 
$24,789
Note: The total number of responses does not correspond to the sum of rows because different people work on the same record.

IV-2. MSHA Revising Forms for Existing MNM Mines

Of the 2,887 notifications, the remaining 2,541 notifications are related to existing MNM mines closing or re-opening. MSHA estimates that it takes an MSHA inspector at the GS-12 level, earning $79.86 per hour, approximately 15 minutes to revise the information on Legal Identity Report, MSHA Form 2000-7, and supplemental information form. MSHA also estimates that it takes an MSHA clerk and assistant at the GS-7 level, earning $47.00 per hour, 5 minutes to enter the data.


Table 14-3. Estimated Federal Hour and Cost Burden, MSHA Revising Forms for Existing MNM Mines (30 CFR 56.1000 and 57.1000)
Activity (Federal Occupation)
No. of Responses 
(Existing Mine Notifications)
Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
IV-2. Revising Legal Identity Reports and Supplemental Information Forms (GS-12 MSHA Inspector)
2,541
0.25
635.25
$79.86 
$50,731.07
IV-2. Entering Data (GS-07 MSHA Clerk)
2,541
0.08
211.75
$47.00 
$9,952.25
Subtotal (Rounded)
2,541
 
847
 
$60,683
Note: The total number of responses does not correspond to the sum of rows because different people work on the same record.

Cost Summary to the Federal Government

The annual cost burden to the Federal government is summarized in the table below.

Table 14-4. Estimated Federal Hour and Cost Burden, Summary				
Activity

No. of
Responses 

Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
IV-1. Completing Forms for New MNM Mines
346
1.50
346
$79.86
$24,789.00
IV-2. Revising Forms for Existing MNM Mine
2,541
0.25
847
$79.86
$60,68300
Total (Rounded)
2,887
 
1,193
 
$85,472


Table 14-5. Estimated Federal Hour and Cost Burden, Summary by Activity and Occupation
Activity (Federal Occupation)

No. of
Responses 

Average Burden (Hours)
Total Burden (Hours)
Hourly Wage Rate
Monetized Value of Time
IV-1. Completing Legal Identity Reports and Supplemental Information Forms (GS-12 MSHA Inspector)
346
0.75
260
$79.86
20,724
IV-1. Entering Data (GS-07 MSHA Clerk)
346
0.25
87
$47.00
4,066
IV-2. Revising Legal Identity Reports and Supplemental Information Forms (GS-12 MSHA Inspector)
2,541
0.08
212
$47.00
9,952
IV-2. Entering Data (GS-07 MSHA Clerk)
2,541
0.25
635
$79.86
50,731
Total (Rounded)
2,887

1,193

$85,472
Note: The sum of the number of responses might not add up to the total reported numbers in the table due to multiple people responding to the same activity.
15. Explain the reasons for any program changes or adjustments on the burden worksheet.

Number of Respondents: The estimated number of respondents decreases slightly from 9,595 to 9,522 due to changes in the number of various forms submitted by mines.

Number of Responses: The number of responses decreases slightly from 9,595 to 9,522 due to the decrease in the number of respondents. 

Annual Time Burden Hours: The number of burden hours decreases from 1,823 to 1,717 due to the decrease in the number of responses. 

Annual Recordkeeping Costs: The estimated annual cost increased from $780 to $790 mainly due to an increase in the number of Legal Identity Report, MSHA Form 2000-7 at MNM mines.

Table 15-1. Summary of Changes 
 
Currently 
Approved ICR
Updated ICR
Difference
Number of Respondents
9,595
9,522
-73
Number of Responses
9,595
9,522
-73
Annual Time Burden 
1,823
1,717
-106
Annual Recordkeeping Costs
$780
$790
$10

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 is not seeking approval to not display the expiration date for OMB approval of this information collection.

18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no certification exceptions identified with this information collection.

B. Collections of information employing statistical methods

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