Examinations of Working Places in Metal and Nonmetal Mines, 46411-46413 [2017-21594]
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations
§ 1.430(h)(3)–1(a) are used to determine
a CSEC plan’s current liability for
purposes of applying the rules of section
433(c)(7)(C). Either the static mortality
tables used pursuant to § 1.430(h)(3)–
1(a)(3) or generational mortality tables
used pursuant to § 1.430(h)(3)–1(a)(2)
may be used for a CSEC plan for this
purpose, but substitute mortality tables
under § 1.430(h)(3)–2 may not be used
for this purpose.
(b) Effective/applicability date. This
section applies for plan years beginning
on or after January 1, 2018.
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: August 21, 2017.
David Kautter,
Assistant Secretary of the Treasury for Tax
Policy.
[FR Doc. 2017–21485 Filed 10–3–17; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 57
[Docket No. MSHA–2014–0030]
RIN 1219–AB87
Examinations of Working Places in
Metal and Nonmetal Mines
Mine Safety and Health
Administration, Labor.
ACTION: Final rule; stay of effective date;
reinstatement of rules.
AGENCY:
The Mine Safety and Health
Administration is staying the effective
date of the Agency’s January 23, 2017,
final rule that amended standards for
examination of working places in metal
and nonmetal mines to June 2, 2018.
MSHA also is reinstating the provisions
of the working place examinations
standards that were in effect as of
October 1, 2017. This stay and
reinstatement offers additional time for
MSHA to provide stakeholders training
and compliance assistance.
DATES: As of October 5, 2017, 30 CFR
56.18002 and 57.18002 are stayed until
June 2, 2018, and 30 CFR 56.18002T and
57.18002T are added until June 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Sheila A. McConnell, Director, Office of
Standards, Regulations, and Variances,
MSHA, at mcconnell.sheila.a@dol.gov
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
VerDate Sep<11>2014
16:56 Oct 04, 2017
Jkt 244001
I. Stay of Effective Date
On January 23, 2017, MSHA
published a final rule in the Federal
Register (82 FR 7680) amending the
Agency’s standards for the examination
of working places in metal and
nonmetal (MNM) mines (January 2017
final rule). The final rule was scheduled
to become effective on May 23, 2017. On
May 22, 2017, MSHA published a final
rule delaying the effective date to
October 2, 2017 (82 FR 23139). On
September 12, 2017, MSHA proposed to
further delay the effective date of the
final rule from October 2, 2017 to March
2, 2018 (82 FR 42765). The comment
period for the proposed delay of the
final rule’s effective date closed on
September 26, 2017.
In the same issue of the Federal
Register, MSHA reopened the
rulemaking record and proposed to
amend the January 2017 final rule with
regard to the timing of the working
place examination and contents of the
examination record (82 FR 42757).
MSHA has scheduled four public
hearings from October 24, 2017, to
November 2, 2017, at various locations,
to provide the members of the public an
opportunity to present their views on
the limited changes being proposed. The
comment period for the proposed
limited changes closes on November 13,
2017.
Most commenters on the proposed
rule to delay the effective date of the
final rule supported extending the date
beyond October 2, 2017. One
commenter who supported extending
the effective date to March 2, 2018,
stated that the extension of time would
offer additional time for MSHA to
provide stakeholders training and
compliance assistance, would further
permit MSHA to address issues raised
by stakeholders during quarterly
training calls and stakeholder meetings
and compliance assistance visits, and
would also provide MSHA more time to
train its inspectors to help ensure
consistency in MSHA enforcement. This
commenter also supported a further
delay of the effective date of the final
rule, should such be required, if the
Agency has yet to achieve its stated
goals.
Many commenters stated that an
extension beyond October 2, 2017 is
necessary and appropriate and
recommended an indefinite suspension
of the effective date. The commenters
maintained that, since substantive
changes to the January 2017 final rule
were proposed at the same time as the
proposed delay, it is imprudent to
establish any effective date until an
amended final rule is promulgated and
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
46411
the substance of the rule is known. In
addition, they acknowledged MSHA’s
stated intent to provide compliance
assistance to industry and specific
training to inspectors prior to the
effective date. The commenters
expressed concern that, for any
compliance assistance measures to have
any meaning, it is necessary for the
exact terms of the final rule to be known
before the final rule’s effective date.
Then, after the period of compliance
assistance from MSHA, mine operators
will be required to develop appropriate
compliance programs to comply with
the final rule. Given the uncertainty of
the final rule’s provisions and the
compliance assistance efforts to be
scheduled, the commenters believed
that an appropriate effective date cannot
be established.
Other commenters stated that the
proposed delay to March 2, 2018, was
arbitrary and does not increase the
likelihood that MSHA will complete all
of the compliance assistance, outreach,
and training tasks in that timeframe, or
that the MNM industry will be ready to
comply on the new effective date. They
recommended that MSHA establish an
effective date that is six months after the
date on which any changes to the final
Examinations rule are published in the
Federal Register.
MSHA agrees with commenters who
support an extension beyond the
proposed March 2, 2018 effective date
so that the Agency will complete its
stated goals by the effective date of the
final rule. To ensure compliance
readiness on that date, MSHA is
developing compliance assistance
materials to assist the industry. A stay
beyond the proposed March 2, 2018,
effective date will provide MSHA the
time and flexibility to make these
materials available to stakeholders and
post them on MSHA’s Web site
(www.msha.gov); hold informational
stakeholder meetings at various
locations around the country; and focus
on compliance assistance visits in other
areas of the country, as well as ensure
all issues at these meetings and visits
are addressed. Additional time will also
allow MSHA to train its inspectors to
ensure consistent enforcement. MSHA
will make the Agency’s inspector
training materials available to the
mining community to assist miners and
mine operators in effectively
implementing the rule, thus enhancing
the safety of miners.
Labor union commenters did not
support the proposed delay in the
effective date, stating that a delay was
unnecessary and miners’ health and
safety would be affected by an
extension. Labor also stated that the
E:\FR\FM\05OCR1.SGM
05OCR1
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46412
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations
January 2017 final rule made only minor
changes.
Staying the effective date does not
negatively affect miners’ safety and
health; the standards that have been in
effect for many years are reinstated and
MSHA will continue to enforce those
standards. MSHA will also continue to
proactively provide compliance
assistance and training needed to assure
that miners’ safety and health are
protected. Staying the effective date of
the January 2017 rule is necessary so
that the diverse MNM mining industry
is provided the educational, technical,
and compliance assistance to ensure
miners’ safety and health and to comply
with final rule requirements. The
diversity in the MNM mining industry
relates not only to commodities
produced at mines and mills, but also
differences for small and large mines in
complying with the final rule. Based on
data reported to MSHA, 90 percent of
over 11,000 MNM mines employ fewer
than 20 miners and almost all (98
percent) are surface mines.
Since most MNM mines are small
operations, MSHA recognizes that they
have limited staff, including limited
administrative staff, as well as limited
resources, and many are located in
remote areas. These small mines may
have limited access or no access to the
internet at the mine site and may rely
on stakeholder meetings and other types
of MSHA assistance to acquire
informational materials needed to
comply with the rule. In MSHA’s
experience with previous changes to
metal and nonmetal standards and
regulations, outreach to these small
mine operators requires MSHA to be
flexible regarding different approaches
that may be needed and regarding the
time necessary to ensure that all miners
and mine operators have the tools and
the information to comply with the rule.
MSHA has concluded that miners are
better protected when operators and
miners are provided needed
informational and instructional
materials and training and technical
assistance regarding the rule’s
requirements. The stayed effective date
to June 2, 2018 provides MSHA the
flexibility the Agency needs to promote
compliance, thereby increasing
protections for miners.
Further, staying the January 2017 rule
without also reinstating the provisions
that were in effect as of October 1, 2017,
would leave miners unprotected.
Reinstatement without delay is
necessary to continue historical
protection of metal and nonmetal
miners through workplace
examinations.
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16:56 Oct 04, 2017
Jkt 244001
II. Other Issues
Some commenters raised concern that
the substance of the final rule is
uncertain because litigation is pending
on the January 2017 final rule. The
commenters suggested that MSHA delay
the effective date indefinitely until the
rule’s status is finally resolved. These
comments are outside the scope of the
September 12, 2017, proposed rule,
which was limited to delaying the rule’s
effective date to ensure compliance
readiness.
III. Conclusion
Having given due consideration to all
comments received, MSHA has
determined that it is appropriate to stay
the effective date until June 2, 2018, and
to reinstate the workplace examinations
rules that were in effect as of October 1,
2017. The stay will address
commenters’ concerns regarding
sufficient time for MSHA to fully inform
and educate the mining community on
the rule’s requirements. A June 2, 2018,
effective date provides more time and
flexibility for MSHA to complete
development of compliance assistance
materials and make them available to
stakeholders, hold informational
meetings for stakeholders and conduct
compliance assistance visits at MNM
mines throughout the country. In
addition, the extension will permit more
time for MSHA to address issues that
have been or may be raised during
quarterly training calls and upcoming
stakeholder meetings and compliance
assistance visits and to train MSHA
inspectors to help ensure consistency in
MSHA enforcement. MSHA has
determined that the educational,
technical, and compliance assistance
that will be provided to mine operators
and miners during the period of the
stayed effective date will enhance their
understanding of the rule’s
requirements, thereby increasing
protections for miners.
For the foregoing reasons, MSHA has
concluded that it is appropriate to stay
the effective date until June 2, 2018.
Accordingly, the effective date of the
final rule published January 23, 2017
(82 FR 7680), delayed on May 22, 2017
(82 FR 23139), is stayed until June 2,
2018. The standards that were in effect
as of October 1, 2017, are reinstated.
List of Subjects in 30 CFR Parts 56 and
57
Metals, Mine safety and health,
Reporting and recordkeeping
requirements.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Dated: October 3, 2017.
Wayne D. Palmer,
Acting Assistant Secretary of Labor for Mine
Safety and Health.
For the reasons set out in the
preamble, and under the authority of the
Federal Mine Safety and Health Act of
1977, as amended by the Mine
Improvement and New Emergency
Response Act of 2006, MSHA is
amending parts 56 and 57 as follows:
PART 56—SAFETY AND HEALTH
STANDARDS—SURFACE METAL AND
NONMETAL MINES
1. The authority citation for part 56
continues to read as follows:
■
Authority: 30 U.S.C. 811.
§ 56.18002
[Stayed]
2. Section 56.18002 is stayed until
June 2, 2018.
■
3. Section 56.18002T is added until
June 2, 2018 to read as follows:
■
§ 56.18002T
places.
Examination of working
(a) A competent person designated by
the operator shall examine each working
place at least once each shift for
conditions which may adversely affect
safety or health. The operator shall
promptly initiate appropriate action to
correct such conditions.
(b) A record that such examinations
were conducted shall be kept by the
operator for a period of one year, and
shall be made available for review by
the Secretary or his authorized
representative.
(c) In addition, conditions that may
present an imminent danger which are
noted by the person conducting the
examination shall be brought to the
immediate attention of the operator who
shall withdraw all persons from the area
affected (except persons referred to in
section 104(c) of the Federal Mine
Safety and Health Act of 1977) until the
danger is abated.
PART 57—SAFETY AND HEALTH
STANDARDS—UNDERGROUND
METAL AND NONMETAL MINES
4. The authority citation for part 57
continues to read as follows:
■
Authority: 30 U.S.C. 811.
§ 57.18002
[Stayed]
5. Section 57.18002 is stayed until
June 2, 2018.
■
6. Section 57.18002T is added until
June 2, 2018 to read as follows:
■
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations
§ 57.18002T
places.
Examination of working
SUPPLEMENTARY INFORMATION:
(a) A competent person designated by
the operator shall examine each working
place at least once each shift for
conditions which may adversely affect
safety or health. The operator shall
promptly initiate appropriate action to
correct such conditions.
(b) A record that such examinations
were conducted shall be kept by the
operator for a period of one year, and
shall be made available for review by
the Secretary or his authorized
representative.
(c) In addition, conditions that may
present an imminent danger which are
noted by the person conducting the
examination shall be brought to the
immediate attention of the operator who
shall withdraw all persons from the area
affected (except persons referred to in
section 104(c) of the Federal Mine
Safety and Health Act of 1977) until the
danger is abated.
[FR Doc. 2017–21594 Filed 10–3–17; 4:15 pm]
BILLING CODE 4520–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0875]
RIN 1625–AA08
Special Local Regulation; Ohio River,
Louisville, KY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for all navigable waters of the Ohio
River from mile marker (MM) 595.0 to
MM 597.0. This action is necessary to
provide for the safety of life on these
navigable waters near Louisville, KY,
during a regatta. Entry into, transiting
through, or anchoring within this
regulated area is prohibited unless
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective from 11
a.m. on October 7, 2017 through 4 p.m.
on October 8, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Kevin Schneider,
Waterways Department Sector Ohio
Valley, U.S. Coast Guard; telephone
502–779–5333, email
Kevin.L.Schneider@uscg.mil.
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SUMMARY:
VerDate Sep<11>2014
16:56 Oct 04, 2017
Jkt 244001
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
Special Local Regulation by October 7,
2017 and lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to prevent possible loss of life
and property.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with a regatta from
11 a.m. on October 7, 2017 through 4
p.m. on October 8, 2017 will present a
safety concern on all navigable waters
on the Ohio River extending from mile
marker (MM) 595.0 to MM 597.0. The
purpose of this rule is to ensure the
safety of life and vessels on these
navigable waters before, during, and
after the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation that will be
enforced from 11 a.m. to 5 p.m. on
October 7 and 11 a.m. to 4 p.m. on
October 8. The temporary special local
regulation will cover all navigable
waters of the Ohio River from MM 595.0
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
46413
to MM 597.0. The duration of the
special local regulation is intended to
ensure the safety of waterway users and
these navigable waters before, during,
and after the scheduled event. No vessel
or person is permitted to enter the
special local regulated area without
obtaining permission from the COTP.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Entry into the regulated area
will be prohibited from 11 a.m. to 5 p.m.
on October 7 and 11 a.m. to 4 p.m. on
October 8 from MM 595.0 to MM 597.0,
unless authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a
designated representative. Moreover, the
Coast Guard will issue written Local
Notice to Mariners and Broadcast Notice
to Mariners via VHF–FM marine
channel 16 about the temporary special
local regulation that is in place.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46411-46413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 57
[Docket No. MSHA-2014-0030]
RIN 1219-AB87
Examinations of Working Places in Metal and Nonmetal Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Final rule; stay of effective date; reinstatement of rules.
-----------------------------------------------------------------------
SUMMARY: The Mine Safety and Health Administration is staying the
effective date of the Agency's January 23, 2017, final rule that
amended standards for examination of working places in metal and
nonmetal mines to June 2, 2018. MSHA also is reinstating the provisions
of the working place examinations standards that were in effect as of
October 1, 2017. This stay and reinstatement offers additional time for
MSHA to provide stakeholders training and compliance assistance.
DATES: As of October 5, 2017, 30 CFR 56.18002 and 57.18002 are stayed
until June 2, 2018, and 30 CFR 56.18002T and 57.18002T are added until
June 2, 2018.
FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office
of Standards, Regulations, and Variances, MSHA, at
mcconnell.sheila.a@dol.gov (email); 202-693-9440 (voice); or 202-693-
9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Stay of Effective Date
On January 23, 2017, MSHA published a final rule in the Federal
Register (82 FR 7680) amending the Agency's standards for the
examination of working places in metal and nonmetal (MNM) mines
(January 2017 final rule). The final rule was scheduled to become
effective on May 23, 2017. On May 22, 2017, MSHA published a final rule
delaying the effective date to October 2, 2017 (82 FR 23139). On
September 12, 2017, MSHA proposed to further delay the effective date
of the final rule from October 2, 2017 to March 2, 2018 (82 FR 42765).
The comment period for the proposed delay of the final rule's effective
date closed on September 26, 2017.
In the same issue of the Federal Register, MSHA reopened the
rulemaking record and proposed to amend the January 2017 final rule
with regard to the timing of the working place examination and contents
of the examination record (82 FR 42757). MSHA has scheduled four public
hearings from October 24, 2017, to November 2, 2017, at various
locations, to provide the members of the public an opportunity to
present their views on the limited changes being proposed. The comment
period for the proposed limited changes closes on November 13, 2017.
Most commenters on the proposed rule to delay the effective date of
the final rule supported extending the date beyond October 2, 2017. One
commenter who supported extending the effective date to March 2, 2018,
stated that the extension of time would offer additional time for MSHA
to provide stakeholders training and compliance assistance, would
further permit MSHA to address issues raised by stakeholders during
quarterly training calls and stakeholder meetings and compliance
assistance visits, and would also provide MSHA more time to train its
inspectors to help ensure consistency in MSHA enforcement. This
commenter also supported a further delay of the effective date of the
final rule, should such be required, if the Agency has yet to achieve
its stated goals.
Many commenters stated that an extension beyond October 2, 2017 is
necessary and appropriate and recommended an indefinite suspension of
the effective date. The commenters maintained that, since substantive
changes to the January 2017 final rule were proposed at the same time
as the proposed delay, it is imprudent to establish any effective date
until an amended final rule is promulgated and the substance of the
rule is known. In addition, they acknowledged MSHA's stated intent to
provide compliance assistance to industry and specific training to
inspectors prior to the effective date. The commenters expressed
concern that, for any compliance assistance measures to have any
meaning, it is necessary for the exact terms of the final rule to be
known before the final rule's effective date. Then, after the period of
compliance assistance from MSHA, mine operators will be required to
develop appropriate compliance programs to comply with the final rule.
Given the uncertainty of the final rule's provisions and the compliance
assistance efforts to be scheduled, the commenters believed that an
appropriate effective date cannot be established.
Other commenters stated that the proposed delay to March 2, 2018,
was arbitrary and does not increase the likelihood that MSHA will
complete all of the compliance assistance, outreach, and training tasks
in that timeframe, or that the MNM industry will be ready to comply on
the new effective date. They recommended that MSHA establish an
effective date that is six months after the date on which any changes
to the final Examinations rule are published in the Federal Register.
MSHA agrees with commenters who support an extension beyond the
proposed March 2, 2018 effective date so that the Agency will complete
its stated goals by the effective date of the final rule. To ensure
compliance readiness on that date, MSHA is developing compliance
assistance materials to assist the industry. A stay beyond the proposed
March 2, 2018, effective date will provide MSHA the time and
flexibility to make these materials available to stakeholders and post
them on MSHA's Web site (www.msha.gov); hold informational stakeholder
meetings at various locations around the country; and focus on
compliance assistance visits in other areas of the country, as well as
ensure all issues at these meetings and visits are addressed.
Additional time will also allow MSHA to train its inspectors to ensure
consistent enforcement. MSHA will make the Agency's inspector training
materials available to the mining community to assist miners and mine
operators in effectively implementing the rule, thus enhancing the
safety of miners.
Labor union commenters did not support the proposed delay in the
effective date, stating that a delay was unnecessary and miners' health
and safety would be affected by an extension. Labor also stated that
the
[[Page 46412]]
January 2017 final rule made only minor changes.
Staying the effective date does not negatively affect miners'
safety and health; the standards that have been in effect for many
years are reinstated and MSHA will continue to enforce those standards.
MSHA will also continue to proactively provide compliance assistance
and training needed to assure that miners' safety and health are
protected. Staying the effective date of the January 2017 rule is
necessary so that the diverse MNM mining industry is provided the
educational, technical, and compliance assistance to ensure miners'
safety and health and to comply with final rule requirements. The
diversity in the MNM mining industry relates not only to commodities
produced at mines and mills, but also differences for small and large
mines in complying with the final rule. Based on data reported to MSHA,
90 percent of over 11,000 MNM mines employ fewer than 20 miners and
almost all (98 percent) are surface mines.
Since most MNM mines are small operations, MSHA recognizes that
they have limited staff, including limited administrative staff, as
well as limited resources, and many are located in remote areas. These
small mines may have limited access or no access to the internet at the
mine site and may rely on stakeholder meetings and other types of MSHA
assistance to acquire informational materials needed to comply with the
rule. In MSHA's experience with previous changes to metal and nonmetal
standards and regulations, outreach to these small mine operators
requires MSHA to be flexible regarding different approaches that may be
needed and regarding the time necessary to ensure that all miners and
mine operators have the tools and the information to comply with the
rule.
MSHA has concluded that miners are better protected when operators
and miners are provided needed informational and instructional
materials and training and technical assistance regarding the rule's
requirements. The stayed effective date to June 2, 2018 provides MSHA
the flexibility the Agency needs to promote compliance, thereby
increasing protections for miners.
Further, staying the January 2017 rule without also reinstating the
provisions that were in effect as of October 1, 2017, would leave
miners unprotected. Reinstatement without delay is necessary to
continue historical protection of metal and nonmetal miners through
workplace examinations.
II. Other Issues
Some commenters raised concern that the substance of the final rule
is uncertain because litigation is pending on the January 2017 final
rule. The commenters suggested that MSHA delay the effective date
indefinitely until the rule's status is finally resolved. These
comments are outside the scope of the September 12, 2017, proposed
rule, which was limited to delaying the rule's effective date to ensure
compliance readiness.
III. Conclusion
Having given due consideration to all comments received, MSHA has
determined that it is appropriate to stay the effective date until June
2, 2018, and to reinstate the workplace examinations rules that were in
effect as of October 1, 2017. The stay will address commenters'
concerns regarding sufficient time for MSHA to fully inform and educate
the mining community on the rule's requirements. A June 2, 2018,
effective date provides more time and flexibility for MSHA to complete
development of compliance assistance materials and make them available
to stakeholders, hold informational meetings for stakeholders and
conduct compliance assistance visits at MNM mines throughout the
country. In addition, the extension will permit more time for MSHA to
address issues that have been or may be raised during quarterly
training calls and upcoming stakeholder meetings and compliance
assistance visits and to train MSHA inspectors to help ensure
consistency in MSHA enforcement. MSHA has determined that the
educational, technical, and compliance assistance that will be provided
to mine operators and miners during the period of the stayed effective
date will enhance their understanding of the rule's requirements,
thereby increasing protections for miners.
For the foregoing reasons, MSHA has concluded that it is
appropriate to stay the effective date until June 2, 2018.
Accordingly, the effective date of the final rule published January
23, 2017 (82 FR 7680), delayed on May 22, 2017 (82 FR 23139), is stayed
until June 2, 2018. The standards that were in effect as of October 1,
2017, are reinstated.
List of Subjects in 30 CFR Parts 56 and 57
Metals, Mine safety and health, Reporting and recordkeeping
requirements.
Dated: October 3, 2017.
Wayne D. Palmer,
Acting Assistant Secretary of Labor for Mine Safety and Health.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977, as amended by the Mine
Improvement and New Emergency Response Act of 2006, MSHA is amending
parts 56 and 57 as follows:
PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL
MINES
0
1. The authority citation for part 56 continues to read as follows:
Authority: 30 U.S.C. 811.
Sec. 56.18002 [Stayed]
0
2. Section 56.18002 is stayed until June 2, 2018.
0
3. Section 56.18002T is added until June 2, 2018 to read as follows:
Sec. 56.18002T Examination of working places.
(a) A competent person designated by the operator shall examine
each working place at least once each shift for conditions which may
adversely affect safety or health. The operator shall promptly initiate
appropriate action to correct such conditions.
(b) A record that such examinations were conducted shall be kept by
the operator for a period of one year, and shall be made available for
review by the Secretary or his authorized representative.
(c) In addition, conditions that may present an imminent danger
which are noted by the person conducting the examination shall be
brought to the immediate attention of the operator who shall withdraw
all persons from the area affected (except persons referred to in
section 104(c) of the Federal Mine Safety and Health Act of 1977) until
the danger is abated.
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND
NONMETAL MINES
0
4. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
Sec. 57.18002 [Stayed]
0
5. Section 57.18002 is stayed until June 2, 2018.
0
6. Section 57.18002T is added until June 2, 2018 to read as follows:
[[Page 46413]]
Sec. 57.18002T Examination of working places.
(a) A competent person designated by the operator shall examine
each working place at least once each shift for conditions which may
adversely affect safety or health. The operator shall promptly initiate
appropriate action to correct such conditions.
(b) A record that such examinations were conducted shall be kept by
the operator for a period of one year, and shall be made available for
review by the Secretary or his authorized representative.
(c) In addition, conditions that may present an imminent danger
which are noted by the person conducting the examination shall be
brought to the immediate attention of the operator who shall withdraw
all persons from the area affected (except persons referred to in
section 104(c) of the Federal Mine Safety and Health Act of 1977) until
the danger is abated.
[FR Doc. 2017-21594 Filed 10-3-17; 4:15 pm]
BILLING CODE 4520-43-P
