Notice2026-10859
Proposed Extension of Information Collection: Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines
Primary source
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Published
June 1, 2026
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre- clearance consultation program for all information collections, to provide the public and Federal agencies with an opportunity to comment on proposed collections of information, in accordance with the Paperwork Reduction Act of 1995. This program helps to ensure 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. The Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection titled "Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines."
Full Text
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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Pages 32453-32455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10859]
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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
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program for all information collections, to
provide the public and Federal agencies with an opportunity to comment
on proposed collections of information, in accordance with the
Paperwork Reduction Act of 1995. This program helps to ensure 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. The Mine Safety and Health
Administration (MSHA) is soliciting comments on the information
collection titled ``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 July 31, 2026.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that comments received after the deadline will not be considered.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments for docket number MSHA-
2026-0265.
<bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Avenue NW, Room C3522,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
to make an appointment.
<bullet> MSHA will post all comments as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#420f110a036c2b2c242d302f23362b2d2c6c212d2e2e2721362b2d2c3102262d2e6c252d34"><span class="__cf_email__" data-cfemail="8bc6d8c3caa5e2e5ede4f9e6eaffe2e4e5a5e8e4e7e7eee8ffe2e4e5f8cbefe4e7a5ece4fd">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
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.
B. Information Collection
To fulfill its statutory mandate to promote miners' health and
safety, MSHA requires information under the information collection
request (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:
1. Representative of Miners Designation Forms, MSHA Form 2000-238
(30 CFR 40.2 through 40.5)
2. Legal Identity Reports, MSHA Form 2000-7 (30 CFR 41.10 through
41.20)
3. Mine Operator Identification Requests, MSHA Form 7000-51 (30 CFR
41.10 through 41.20)
4. 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.
1. 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
[[Page 32454]]
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.
2. 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.
3. 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.
4. 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.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Representative of Miners, Notification of Legal
Identity, and Notification of Commencement of Operations and Closing of
Mines.'' MSHA is particularly interested in comments that:
<bullet> 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;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> 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 ICR is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions
commenters against providing any information in the submission that
should not be publicly disclosed. Full comments, including personal
information provided, will be made available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 200 Constitution
Avenue NW, Room C3522, Washington, DC 20210. Before visiting MSHA in
person, call 202-693-9440 to make an appointment.
Questions about the information collection requirements may be
directed to the person listed in the FOR FURTHER INFORMATION CONTACT
section of this notice.
III. Current Actions
This ICR concerns provisions for Representative of Miners,
Notification of Legal Identity, and Notification of Commencement of
Operations and
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Closing of Mines. MSHA has updated the data with respect to the number
of respondents, responses, time burden, and burden costs supporting
this ICR from the previous ICR.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Control Number: 1219-0042.
Affected Public: Business or other for-profit entity.
Number of Annual Respondents: 9,522.
Frequency: On occasion.
Number of Annual Responses: 9,522.
Annual Time Burden: 1,717 hours.
Annual Recordkeeping Costs: $790.
MSHA Forms: MSHA Form 2000-238, Representative of Miners
Designation Form;
MSHA Form 2000-7, Legal Identity Report;
MSHA Form 7000-51, Mine Operator Identification Request.
Comments submitted in response to this notice will be summarized
and included in the request for Office of Management and Budget
approval of the proposed ICR; they will become a matter of public
record and be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Jessica D. Senk,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2026-10859 Filed 5-29-26; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on June 1, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.