Safety Improvement Technologies for Mobile Equipment at Surface Mines, and for Belt Conveyors at Surface and Underground Mines, 29716-29719 [2018-13603]
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
Issued on June 20, 2018 under authority
delegated in 49 CFR 1.85.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway
Administration.
[FR Doc. 2018–13645 Filed 6–25–18; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[REG–132434–17]
RIN 1545–BO12
Certain Non-Government Attorneys
Not Authorized To Participate in
Examinations of Books and Witnesses
as a Section 6103(n) Contractor;
Hearing
Internal Revenue Service (IRS),
Treasury.
ACTION: Notification of a public hearing
on notice of proposed rulemaking.
AGENCY:
This document provides a
notification of public hearing on
proposed regulations relating to section
7602(a) of the Internal Revenue Code
relating to administrative proceedings.
DATES: The public hearing is being held
on Tuesday, July 31, 2018, at 10:00 a.m.
The IRS must receive outlines of the
topics to be discussed at the public
hearing by Thursday, July 19, 2018.
ADDRESSES: The public hearing is being
held in the IRS Auditorium, Internal
Revenue Service Building, 1111
Constitution Avenue NW, Washington,
DC 20224. Due to building security
procedures, visitors must enter at the
Constitution Avenue entrance. In
addition, all visitors must present a
valid photo identification to enter the
building.
Send Submissions to CC:PA:LPD:PR
(REG–132434–17), Room 5205, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be handdelivered Monday through Friday to
CC:PA:LPD:PR (REG–132434–17),
Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
Washington, DC 20224 or sent
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–132434–
17).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
William V. Spatz (202) 317–5461;
concerning submissions of comments,
the hearing and/or to be placed on the
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
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building access list to attend the hearing
Regina Johnson at (202) 317–6901 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
132434–17) that was published in the
Federal Register on Wednesday, March
28, 2018 (83 FR 13206).
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to present oral comments at the hearing
that submitted written comments by
June 26, 2018, must submit an outline
of the topics to be addressed and the
amount of time to be devoted to each
topic by Thursday, July 19, 2018.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or by contacting
the Publications and Regulations Branch
at (202) 317–6901 (not a toll-free
number).
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2018–13695 Filed 6–25–18; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 75
[Docket No. MSHA–2018–0016]
RIN 1219–AB91
Safety Improvement Technologies for
Mobile Equipment at Surface Mines,
and for Belt Conveyors at Surface and
Underground Mines
Mine Safety and Health
Administration, Labor.
ACTION: Request for information.
AGENCY:
Mining safety could be
substantially improved by preventing
accidents that involve mobile
equipment at surface coal mines and
metal and nonmetal mines and belt
SUMMARY:
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conveyors at surface and underground
mines. The Mine Safety and Health
Administration (MSHA) is taking a
number of actions related to mobile
equipment and belt conveyors to
improve miners’ safety, including
providing technical assistance,
conducting awareness campaigns, and
developing best practices and training
materials. MSHA is also considering the
role of engineering controls that would
increase the use of seatbelts, enhance
equipment operators’ ability to see all
areas near the machine, warn equipment
operators of potential collision hazards,
prevent equipment operators from
driving over a highwall or dump point,
and help prevent entanglement hazards
related to working near moving or reenergized belt conveyors. MSHA is
seeking information and data on
engineering controls that could reduce
the risk of accidents and improve miner
safety. MSHA is also seeking
suggestions from stakeholders on: Best
practices, training materials, policies
and procedures, innovative
technologies, and any other information
they may have to improve safety in and
around mobile equipment, and working
near and around belt conveyors.
MSHA will hold stakeholder meetings
to provide the mining community an
opportunity to discuss and share
information about the issues raised in
this notice. A separate notice
announcing stakeholder meetings will
be published in the Federal Register at
a later date.
DATES: Comments must be received or
postmarked by midnight Eastern
Daylight Time on December 24, 2018.
ADDRESSES: Comments must be
identified with ‘‘RIN 1219–AB91’’ and
may be sent to MSHA by any of the
following methods:
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Email: zzMSHA-comments@
dol.gov.
• Mail: MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
• Hand Delivery or Courier: 201 12th
Street South, Suite 4E401, Arlington,
Virginia, between 9:00 a.m. and 5:00
p.m. Monday through Friday, except
Federal holidays. Sign in at the
receptionist’s desk on the 4th Floor East,
Suite 4E401.
• Fax: 202–693–9441.
Instructions: All submissions must
include ‘‘RIN 1219–AB91’’ or ‘‘Docket
No. MSHA 2018–0016.’’ Do not include
personal information that you do not
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
want publicly disclosed. MSHA will
post all comments without change to
https://www.regulations.gov and https://
arlweb.msha.gov/currentcomments.asp,
including any personal information
provided.
Docket: For access to the docket to
read comments and background
information, go to https://
www.regulations.gov, or https://
www.msha.gov/currentcomments.asp.
To review comments and background
information in person go to MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South,
Arlington, Virginia, between 9:00 a.m.
and 5:00 p.m. EDT Monday through
Friday, except Federal holidays. Sign in
at the receptionist’s desk on the 4th
Floor East, Suite 4E401.
Email Notification: To subscribe to
receive an email notification when
MSHA publishes rulemaking documents
in the Federal Register, go to https://
www.msha.gov/subscriptions.
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 (fax). These are not toll-free
numbers.
SUPPLEMENTARY INFORMATION:
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I. Mobile Equipment at Surface Mines
Mobile equipment used at surface
coal mines, surface metal and nonmetal
mines, and the surface areas of
underground mines is a broad category
that includes bulldozers, front end
loaders, service trucks, skid steers, haul
trucks, and many other types of vehicles
and equipment. Accidents involving
mobile equipment have historically
accounted for a large number of the
fatalities in mining, especially in metal
and nonmetal mines. In 2017, for
example, nearly 40 percent of the 28
mining fatalities and more than 30
percent of injuries involved mobile
equipment.
Since 2007, 61 miners have been
killed in accidents involving mobile
equipment. MSHA conducted an
investigation of all of these accidents.
MSHA determined that contributing
factors in many of these accidents
included: (1) No seatbelt, seatbelt not
used, or inadequate seatbelts; (2) larger
vehicles striking smaller vehicles; and
(3) equipment operators’ difficulty in
detecting the edges of highwalls or
dump points, causing equipment to fall
from substantial heights.
Seatbelts
MSHA has preliminarily determined
that mobile equipment operators are
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more likely to survive rollover and
tipping accidents when they are wearing
a seatbelt. MSHA examined 38 fatal
accidents that occurred since 2007
involving mobile equipment in which
the deceased was not wearing a seatbelt.
MSHA determined that 35 of the victims
(92 percent) might have survived had
they been wearing a seatbelt. The
Agency believes that engineering
controls could increase the use of
seatbelts by equipment operators. For
example, engineering control devices
could ensure that mobile equipment
operators use a seatbelt by affecting
equipment operation in the event the
operator does not fasten the seatbelt.
Other engineering controls could
increase equipment seatbelt use without
impeding or halting machine operation.
These controls include high-visibility
seatbelt materials and warning devices,
such as warning lights and audible
warning signals, that remind the
equipment operator to fasten the
seatbelt. Some warning signals stop after
a period of time; others continue until
the seatbelt is fastened. Additional
engineering controls could promote
seatbelt usage by making equipment
operation impractical or uncomfortable,
or by notifying mine management if the
seatbelt is not used (or not used
properly).
Large Equipment Striking Smaller
Equipment
There are areas around mobile
equipment in which the equipment
operator cannot see other miners,
equipment, or structures (i.e., ‘‘blind
areas’’). Mobile equipment size and
shape and the operator’s cab location
can each create unique blind areas.
Blind areas have contributed to mobile
equipment operators driving over
highwalls or dump points, colliding
with other equipment, and striking
miners. Engineering controls, such as
collision warning systems and collision
avoidance systems, could provide
equipment operators with additional
information about their surroundings
and help reduce accidents. These
systems could provide warnings when
other vehicles, miners, or structures
pose a potential collision hazard.
Collision avoidance systems could
provide an additional level of safety by
activating machine controls, such as
automatic braking, to avoid collisions.
Autonomous mining systems may
also have the potential to improve miner
safety. Autonomous mining systems,
which are controlled remotely, do not
require an on-board operator, thereby
removing the miner from hazardous
situations. In addition, autonomous
mining systems are equipped with GPS
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technology and use enhanced safety
features, such as collision avoidance
systems, which can indicate the location
of other nearby equipment and miners,
thereby reducing striking accidents and
fatalities.
Highwalls and Dump Points
Since 2007, there have been 20 fatal
accidents in surface coal and metal and
nonmetal mines involving bulldozer
operators and haul truck drivers who
traveled over the edge of the highwall or
dump point. Systems that integrate
technologies such as GPS, radar, and
radio frequency identification tagging
could help equipment operators better
identify the edges of highwalls or dump
points. Other practices, such as ground
markers and aerial markers, also could
help equipment operators identify their
locations relative to the edges of
highwalls or dump points when
pushing or dumping material. Devices
that provide visual, audible, or other
signals could also warn equipment
operators of hazards surrounding their
locations.
II. Belt Conveyors at Surface and
Underground Mines
Since 2007, there have been 17
fatalities related to working near or
around belt conveyors, of which 76
percent were related to miners
becoming entangled in belt drives, belt
rollers, and discharge points. Factors
that contribute to entanglement hazards
include inadequate or missing guards,
inadequate or an insufficient number of
crossovers in strategic locations, and/or
inappropriate lock out/tag out
procedures. Systems that can sense a
miner’s presence in hazardous
locations; ensure that machine guards
are properly secured in place; and/or
ensure machines are properly locked
out and tagged out during maintenance
would reduce fatalities.
IV. Information Request
MSHA is requesting information from
the mining community regarding the
types of engineering controls available,
how to implement such engineering
controls, and how these controls could
be used in mobile equipment and belt
conveyors to reduce accidents, fatalities
and injuries. When responding—
• Address your comments to the topic
and question number. For example, the
response to questions regarding
seatbelts, Question 1, would be
identified as ‘‘A.1’’.
• Please provide sufficient detail in
your responses to enable adequate
Agency review and consideration.
Where possible, include specific
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
examples to support the rationale for
your position.
• Please identify the relevant
information on which you rely. Include
experiences, data models, calculations,
studies and articles, and standard
professional practices.
• Please provide specific information
on the technological and economic
feasibility of the engineering and
administrative controls included in this
notice, as well as any additional
controls or practices which you may
suggest.
MSHA invites comment in response
to the questions below as well as on
issues related specifically to the impact
on small mines.
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A. Seatbelts
Seat belt interlocks are engineering
controls that prevent or otherwise affect
equipment operation. MSHA is
particularly interested in engineering
controls that affect equipment operation
when the seatbelt is not properly
fastened.
1. What are the advantages,
disadvantages, and costs associated with
a seatbelt interlock system?
2. Are seatbelt interlock systems
available that could be retrofitted, and if
so, onto which types of machines and
how? What are the costs associated with
retrofitting machines with these
systems?
3. Are some types of mobile
equipment unsuited for use with
seatbelt interlock systems, and if so,
which machines and why?
4. Reliability is the ability of a system
to perform repeatedly with the same
result. Please provide information on
how to determine the reliability of
seatbelt interlock systems.
Some engineering controls encourage
and promote seatbelt use without
directly preventing or affecting
equipment operation. These engineering
controls include audible and visual
warning devices, such as lights and
buzzers/bells that remind equipment
operators to fasten their seatbelts.
5. What are the advantages,
disadvantages, and costs associated with
these warning devices?
B. Collision Warning Systems and
Collision Avoidance Systems
MSHA is also interested in collision
warning systems and collision
avoidance systems that may help
prevent accidents by decreasing
equipment blind areas and reducing
collisions. These systems detect
obstacles and provide the equipment
operators with information about their
location. The installation of the systems
would likely need to be customized to
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account for variations in height,
articulation, and other equipment
design features. Such systems would
likely also need to have the capability
to adjust to mining conditions and
environments such as road conditions,
weather, and traffic patterns. They
would also need to be designed and
installed to minimize distractions such
as nuisance alarms and unnecessary
stops, and to be compatible with other
technologies, such as GPS, radar, radio
frequency identification tagging,
electromagnetic systems, cameras, peerto-peer networks, and path prediction
technologies.
6. What are the advantages,
disadvantages, and costs associated with
collision warning systems and collision
avoidance systems?
7. Please provide information on how
collision warning systems and collision
avoidance systems can protect miners,
e.g., warning, stopping the equipment,
or other protection. Include your
rationale. Include successes or failures,
if applicable.
8. What types of mobile equipment
can, and should, be equipped with
collision warning and collision
avoidance systems? For example,
systems that work well on haul trucks
may not work well on other mobile
equipment; certain types of equipment
may be more likely to be used near
smaller vehicles; or some types of
equipment may have larger blind areas.
9. Collision warning systems and
collision avoidance systems may require
multiple technologies that combine
positioning/location, obstacle detection,
path prediction, peer-to-peer
communication, or alarm functions.
What combination of technologies
would be most effective in surface
mining conditions? Please provide your
rationale.
10. Please describe situations, if any,
in which it would be appropriate to use
a collision warning system rather than
a collision avoidance system.
11. Please describe any differences
between a surface coal environment and
a surface metal and nonmetal
environment that would influence your
response to the questions above.
C. Highwall and Dump Points
Various technologies, such as GPS,
can be used to provide equipment
operators better information regarding
their location in relation to the edge of
highwalls or dump points. Other
mechanisms, such as ground markers
and aerial markers, also could help
equipment operators identify their
location when pushing or dumping
material.
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12. Which technologies or systems
can prevent highwall and dump point
overtravel? Please describe the
advantages, disadvantages, and costs
associated with these technologies or
systems.
13. Many surface mines use GPS on
equipment for tracking, dispatching,
and positioning. How can these systems
be used to provide equipment operators
better information on their location with
respect to highwall or dump points?
14. What are the advantages,
disadvantages, and costs associated with
ground and aerial markers?
D. Autonomous Mobile Equipment
15. Please identify the types of
autonomous mobile equipment in use at
surface mines.
16. Please describe the advantages
and disadvantages associated with
autonomous mobile equipment.
17. Please provide information related
to any experience with testing or
implementing autonomous mobile
equipment, including costs and benefits.
E. Belt Conveyors
18. What technologies are available
that could provide additional
protections from accidents related to
working near or around belt conveyors?
Can these technologies be used in
surface and underground mines?
19. Please provide information related
to any experience with testing or
implementing systems that sense a
miner’s presence in hazardous
locations; ensure that machine guards
are properly secured in place; and/or
ensure machines are properly locked
out and tagged out during maintenance.
Please also include information and
data on the costs and benefits associated
with these systems.
F. Training and Technical Assistance
20. Please provide suggestions on how
training can increase seatbelt use and
improve equipment operators’
awareness of hazards at the mine site.
21. Please provide suggestions on how
training can ensure that miners lock and
tag conveyor belts before performing
maintenance work.
G. Benefits and Costs
MSHA requests comment on the
costs, benefits, and the technological
and economic feasibility of suggested
engineering controls to improve miners’
safety. Your answers to these questions
will help MSHA evaluate options and
determine an appropriate course of
action.
H. Other Information
22. Please provide any data or
information that may be useful to
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
MSHA to determine non-regulatory
initiatives the Agency should explore.
Authority: 30 U.S.C. 811, 813(h).
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety
and Health.
[FR Doc. 2018–13603 Filed 6–25–18; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0598]
RIN 1625–AA00
Safety Zone, Swim Around Charleston;
Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary moving safety
zone during the Swim Around
Charleston, a swimming race occurring
on the Wando River, the Cooper River,
Charleston Harbor, and the Ashley
River, in Charleston, South Carolina.
The temporary moving safety zone is
necessary to protect swimmers,
participant vessels, spectators, and the
general public during the event. Persons
and vessels would be prohibited from
entering the safety zone unless
authorized by the Captain of the Port
Charleston or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 26, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0598 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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16:21 Jun 25, 2018
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DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On April 9, 2018, Kathleen Wilson
notified the Coast Guard that she will be
sponsoring the Swim Around
Charleston on September 16, 2018 and
would impact waters of the Wando
River, Cooper River, Charleston Harbor,
and Ashley River, in Charleston, South
Carolina. The legal basis for the
proposed rule is the Coast Guard’s
authority to establish a safety zone is 33
U.S.C. 1231. The purpose of the
proposed rule is to ensure safety of life
on the navigable waters of the Wando
River, Cooper River, Charleston Harbor,
and Ashley River, in Charleston, South
Carolina during Swim Around
Charleston.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone on the waters of
the Wando River, Cooper River,
Charleston Harbor, and Ashley River, in
Charleston, South Carolina during Swim
Around Charleston from 7:45 a.m. to 2
p.m. on September 16, 2018.
Approximately 100 swimmers are
anticipated to participate in the race.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the regulated area may contact
the COTP by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP or a designated
representative. The COTP will provide
notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
IV. Regulatory Analyses
We developed this proposed 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
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29719
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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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: (1) The safety zone would
be enforced for only seven hours; (2) the
safety zone would move with the
participant vessels so that once the
swimmers clear a portion of the
waterway, the safety zone would no
longer be enforced in that portion of the
waterway; (3) although persons and
vessels would not be able to enter or
transit through the safety zone without
authorization from the COTP or a
designated representative, they would
be able to operate in the surrounding
area during the enforcement period; (4)
persons and vessels would still be able
to enter or transit through the safety
zone if authorized by the COTP or a
designated representative; and (5) the
COTP would provide advance
notification of the safety zone to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
We have considered the impact of this
proposed rule on small entities. This
rule may affect the following entities,
some of which may be small entities:
The owner or operators of vessels
intending to enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
period. For the reasons stated in section
IV.A. above, this proposed rule would
not have a significant economic impact
on a substantial number of small
entities.
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]]>Agencies
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29716-29719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13603]
=======================================================================
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 75
[Docket No. MSHA-2018-0016]
RIN 1219-AB91
Safety Improvement Technologies for Mobile Equipment at Surface
Mines, and for Belt Conveyors at Surface and Underground Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: Mining safety could be substantially improved by preventing
accidents that involve mobile equipment at surface coal mines and metal
and nonmetal mines and belt conveyors at surface and underground mines.
The Mine Safety and Health Administration (MSHA) is taking a number of
actions related to mobile equipment and belt conveyors to improve
miners' safety, including providing technical assistance, conducting
awareness campaigns, and developing best practices and training
materials. MSHA is also considering the role of engineering controls
that would increase the use of seatbelts, enhance equipment operators'
ability to see all areas near the machine, warn equipment operators of
potential collision hazards, prevent equipment operators from driving
over a highwall or dump point, and help prevent entanglement hazards
related to working near moving or re-energized belt conveyors. MSHA is
seeking information and data on engineering controls that could reduce
the risk of accidents and improve miner safety. MSHA is also seeking
suggestions from stakeholders on: Best practices, training materials,
policies and procedures, innovative technologies, and any other
information they may have to improve safety in and around mobile
equipment, and working near and around belt conveyors.
MSHA will hold stakeholder meetings to provide the mining community
an opportunity to discuss and share information about the issues raised
in this notice. A separate notice announcing stakeholder meetings will
be published in the Federal Register at a later date.
DATES: Comments must be received or postmarked by midnight Eastern
Daylight Time on December 24, 2018.
ADDRESSES: Comments must be identified with ``RIN 1219-AB91'' and may
be sent to MSHA by any of the following methods:
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: [email protected].
Mail: MSHA, Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia
22202-5452.
Hand Delivery or Courier: 201 12th Street South, Suite
4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday
through Friday, except Federal holidays. Sign in at the receptionist's
desk on the 4th Floor East, Suite 4E401.
Fax: 202-693-9441.
Instructions: All submissions must include ``RIN 1219-AB91'' or
``Docket No. MSHA 2018-0016.'' Do not include personal information that
you do not
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want publicly disclosed. MSHA will post all comments without change to
https://www.regulations.gov and https://arlweb.msha.gov/currentcomments.asp, including any personal information provided.
Docket: For access to the docket to read comments and background
information, go to https://www.regulations.gov, or https://www.msha.gov/currentcomments.asp. To review comments and background information in
person go to MSHA, Office of Standards, Regulations, and Variances, 201
12th Street South, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m.
EDT Monday through Friday, except Federal holidays. Sign in at the
receptionist's desk on the 4th Floor East, Suite 4E401.
Email Notification: To subscribe to receive an email notification
when MSHA publishes rulemaking documents in the Federal Register, go to
https://www.msha.gov/subscriptions.
FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office
of Standards, Regulations, and Variances, MSHA, at
[email protected] (email), 202-693-9440 (voice), or 202-693-
9441 (fax). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Mobile Equipment at Surface Mines
Mobile equipment used at surface coal mines, surface metal and
nonmetal mines, and the surface areas of underground mines is a broad
category that includes bulldozers, front end loaders, service trucks,
skid steers, haul trucks, and many other types of vehicles and
equipment. Accidents involving mobile equipment have historically
accounted for a large number of the fatalities in mining, especially in
metal and nonmetal mines. In 2017, for example, nearly 40 percent of
the 28 mining fatalities and more than 30 percent of injuries involved
mobile equipment.
Since 2007, 61 miners have been killed in accidents involving
mobile equipment. MSHA conducted an investigation of all of these
accidents. MSHA determined that contributing factors in many of these
accidents included: (1) No seatbelt, seatbelt not used, or inadequate
seatbelts; (2) larger vehicles striking smaller vehicles; and (3)
equipment operators' difficulty in detecting the edges of highwalls or
dump points, causing equipment to fall from substantial heights.
Seatbelts
MSHA has preliminarily determined that mobile equipment operators
are more likely to survive rollover and tipping accidents when they are
wearing a seatbelt. MSHA examined 38 fatal accidents that occurred
since 2007 involving mobile equipment in which the deceased was not
wearing a seatbelt. MSHA determined that 35 of the victims (92 percent)
might have survived had they been wearing a seatbelt. The Agency
believes that engineering controls could increase the use of seatbelts
by equipment operators. For example, engineering control devices could
ensure that mobile equipment operators use a seatbelt by affecting
equipment operation in the event the operator does not fasten the
seatbelt.
Other engineering controls could increase equipment seatbelt use
without impeding or halting machine operation. These controls include
high-visibility seatbelt materials and warning devices, such as warning
lights and audible warning signals, that remind the equipment operator
to fasten the seatbelt. Some warning signals stop after a period of
time; others continue until the seatbelt is fastened. Additional
engineering controls could promote seatbelt usage by making equipment
operation impractical or uncomfortable, or by notifying mine management
if the seatbelt is not used (or not used properly).
Large Equipment Striking Smaller Equipment
There are areas around mobile equipment in which the equipment
operator cannot see other miners, equipment, or structures (i.e.,
``blind areas''). Mobile equipment size and shape and the operator's
cab location can each create unique blind areas. Blind areas have
contributed to mobile equipment operators driving over highwalls or
dump points, colliding with other equipment, and striking miners.
Engineering controls, such as collision warning systems and collision
avoidance systems, could provide equipment operators with additional
information about their surroundings and help reduce accidents. These
systems could provide warnings when other vehicles, miners, or
structures pose a potential collision hazard. Collision avoidance
systems could provide an additional level of safety by activating
machine controls, such as automatic braking, to avoid collisions.
Autonomous mining systems may also have the potential to improve
miner safety. Autonomous mining systems, which are controlled remotely,
do not require an on-board operator, thereby removing the miner from
hazardous situations. In addition, autonomous mining systems are
equipped with GPS technology and use enhanced safety features, such as
collision avoidance systems, which can indicate the location of other
nearby equipment and miners, thereby reducing striking accidents and
fatalities.
Highwalls and Dump Points
Since 2007, there have been 20 fatal accidents in surface coal and
metal and nonmetal mines involving bulldozer operators and haul truck
drivers who traveled over the edge of the highwall or dump point.
Systems that integrate technologies such as GPS, radar, and radio
frequency identification tagging could help equipment operators better
identify the edges of highwalls or dump points. Other practices, such
as ground markers and aerial markers, also could help equipment
operators identify their locations relative to the edges of highwalls
or dump points when pushing or dumping material. Devices that provide
visual, audible, or other signals could also warn equipment operators
of hazards surrounding their locations.
II. Belt Conveyors at Surface and Underground Mines
Since 2007, there have been 17 fatalities related to working near
or around belt conveyors, of which 76 percent were related to miners
becoming entangled in belt drives, belt rollers, and discharge points.
Factors that contribute to entanglement hazards include inadequate or
missing guards, inadequate or an insufficient number of crossovers in
strategic locations, and/or inappropriate lock out/tag out procedures.
Systems that can sense a miner's presence in hazardous locations;
ensure that machine guards are properly secured in place; and/or ensure
machines are properly locked out and tagged out during maintenance
would reduce fatalities.
IV. Information Request
MSHA is requesting information from the mining community regarding
the types of engineering controls available, how to implement such
engineering controls, and how these controls could be used in mobile
equipment and belt conveyors to reduce accidents, fatalities and
injuries. When responding--
Address your comments to the topic and question number.
For example, the response to questions regarding seatbelts, Question 1,
would be identified as ``A.1''.
Please provide sufficient detail in your responses to
enable adequate Agency review and consideration. Where possible,
include specific
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examples to support the rationale for your position.
Please identify the relevant information on which you
rely. Include experiences, data models, calculations, studies and
articles, and standard professional practices.
Please provide specific information on the technological
and economic feasibility of the engineering and administrative controls
included in this notice, as well as any additional controls or
practices which you may suggest.
MSHA invites comment in response to the questions below as well as
on issues related specifically to the impact on small mines.
A. Seatbelts
Seat belt interlocks are engineering controls that prevent or
otherwise affect equipment operation. MSHA is particularly interested
in engineering controls that affect equipment operation when the
seatbelt is not properly fastened.
1. What are the advantages, disadvantages, and costs associated
with a seatbelt interlock system?
2. Are seatbelt interlock systems available that could be
retrofitted, and if so, onto which types of machines and how? What are
the costs associated with retrofitting machines with these systems?
3. Are some types of mobile equipment unsuited for use with
seatbelt interlock systems, and if so, which machines and why?
4. Reliability is the ability of a system to perform repeatedly
with the same result. Please provide information on how to determine
the reliability of seatbelt interlock systems.
Some engineering controls encourage and promote seatbelt use
without directly preventing or affecting equipment operation. These
engineering controls include audible and visual warning devices, such
as lights and buzzers/bells that remind equipment operators to fasten
their seatbelts.
5. What are the advantages, disadvantages, and costs associated
with these warning devices?
B. Collision Warning Systems and Collision Avoidance Systems
MSHA is also interested in collision warning systems and collision
avoidance systems that may help prevent accidents by decreasing
equipment blind areas and reducing collisions. These systems detect
obstacles and provide the equipment operators with information about
their location. The installation of the systems would likely need to be
customized to account for variations in height, articulation, and other
equipment design features. Such systems would likely also need to have
the capability to adjust to mining conditions and environments such as
road conditions, weather, and traffic patterns. They would also need to
be designed and installed to minimize distractions such as nuisance
alarms and unnecessary stops, and to be compatible with other
technologies, such as GPS, radar, radio frequency identification
tagging, electromagnetic systems, cameras, peer-to-peer networks, and
path prediction technologies.
6. What are the advantages, disadvantages, and costs associated
with collision warning systems and collision avoidance systems?
7. Please provide information on how collision warning systems and
collision avoidance systems can protect miners, e.g., warning, stopping
the equipment, or other protection. Include your rationale. Include
successes or failures, if applicable.
8. What types of mobile equipment can, and should, be equipped with
collision warning and collision avoidance systems? For example, systems
that work well on haul trucks may not work well on other mobile
equipment; certain types of equipment may be more likely to be used
near smaller vehicles; or some types of equipment may have larger blind
areas.
9. Collision warning systems and collision avoidance systems may
require multiple technologies that combine positioning/location,
obstacle detection, path prediction, peer-to-peer communication, or
alarm functions. What combination of technologies would be most
effective in surface mining conditions? Please provide your rationale.
10. Please describe situations, if any, in which it would be
appropriate to use a collision warning system rather than a collision
avoidance system.
11. Please describe any differences between a surface coal
environment and a surface metal and nonmetal environment that would
influence your response to the questions above.
C. Highwall and Dump Points
Various technologies, such as GPS, can be used to provide equipment
operators better information regarding their location in relation to
the edge of highwalls or dump points. Other mechanisms, such as ground
markers and aerial markers, also could help equipment operators
identify their location when pushing or dumping material.
12. Which technologies or systems can prevent highwall and dump
point overtravel? Please describe the advantages, disadvantages, and
costs associated with these technologies or systems.
13. Many surface mines use GPS on equipment for tracking,
dispatching, and positioning. How can these systems be used to provide
equipment operators better information on their location with respect
to highwall or dump points?
14. What are the advantages, disadvantages, and costs associated
with ground and aerial markers?
D. Autonomous Mobile Equipment
15. Please identify the types of autonomous mobile equipment in use
at surface mines.
16. Please describe the advantages and disadvantages associated
with autonomous mobile equipment.
17. Please provide information related to any experience with
testing or implementing autonomous mobile equipment, including costs
and benefits.
E. Belt Conveyors
18. What technologies are available that could provide additional
protections from accidents related to working near or around belt
conveyors? Can these technologies be used in surface and underground
mines?
19. Please provide information related to any experience with
testing or implementing systems that sense a miner's presence in
hazardous locations; ensure that machine guards are properly secured in
place; and/or ensure machines are properly locked out and tagged out
during maintenance. Please also include information and data on the
costs and benefits associated with these systems.
F. Training and Technical Assistance
20. Please provide suggestions on how training can increase
seatbelt use and improve equipment operators' awareness of hazards at
the mine site.
21. Please provide suggestions on how training can ensure that
miners lock and tag conveyor belts before performing maintenance work.
G. Benefits and Costs
MSHA requests comment on the costs, benefits, and the technological
and economic feasibility of suggested engineering controls to improve
miners' safety. Your answers to these questions will help MSHA evaluate
options and determine an appropriate course of action.
H. Other Information
22. Please provide any data or information that may be useful to
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MSHA to determine non-regulatory initiatives the Agency should explore.
Authority: 30 U.S.C. 811, 813(h).
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2018-13603 Filed 6-25-18; 8:45 am]
BILLING CODE 4510-43-P
