Volume 63, Number 139, Page 39109-39110

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Proposed Information Collection Request Submitted for Public Comment and Recommendations; Notification of Legal Identity

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested

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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 proposed revision of the information collection related to the Notification of Legal Identity. MSHA is particularly interested in comments which:

• 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 through 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.

DATES: Submit comments on or before September 21, 1998.

ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 627, Arlington, VA 22203-1984. Commenters are encouraged to send their comments on a computer disk, or via E-mail to psilvey, along with an original printed copy. Ms. Silvey can be reached at (703) 235- 1910 (voice) or (703) 235-5551 (facsimile).

FOR FURTHER INFORMATION CONTACT: Mrs. Theresa M. O'Malley, Program Analysis Officer, Office of Program Evaluation and Information Resources, U.S. Department of Labor, Mine Safety and Health Administration, Room 715, 4015 Wilson Boulevard, Arlington, VA 22203- 1984. Mrs. O'Malley can be reached at tomalley@dol.gov (Internet E- mail), (703) 235-1470 (voice), or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

Title 30 CFR part 41 implements this requirement and 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 for a mine operator is fundamental to enable the Secretary to properly ascertain the identity of persons 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. Because of the rapid and frequent turnover in mining company ownership and statutory considerations regarding penalty assessment, 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 Act. MSHA is including 30 CFR Sections 41.10, 41.11 and 41.12 for regulatory clarification. These references do not change or increase the reporting or paperwork burden requirements.

II. Current Actions

MSHA uses the information to properly ascertain the identity of persons chargeable with violations of mandatory safety and health standards and in the assessment of civil penalties. The Office of the Solicitor uses the information to expedite service of documents upon the mine operator.

Type of Review: Extension.
Agency: Mine Safety and Health Administration.
Title: Notification of Legal Identity.
OMB Number: 1219-0008.
Agency Number: MSHA Form 2000-7.
Recordkeeping: Source documents are required for as long as the mine is in operation.
Affected Public: Business or other for-profit.
Cite/Reference/Form/etc: 30 CFR Section 41.10, 41.11, 41.12 and 41.20.
Total Respondents: 14,000 mine operators.
Frequency: On occasion.
Total Responses: 6307.
Average Time per Response: 23 minutes.
Estimated Total Burden Hours: 2,447.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintaining): $2,018.24.
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.