Examinations of Working Places in Metal and Nonmetal Mines, 51400-51401 [2019-20852]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51400-51401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20852]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56 and 57

[Docket No. MSHA-2014-0030]
RIN 1219-AB92


Examinations of Working Places in Metal and Nonmetal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Technical amendments; conforming to Court order.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is 
reinstating the regulatory provisions for examinations of working 
places in metal and nonmetal mines published on January 23, 2017. The 
U.S. Court of Appeals for the District of Columbia Circuit issued an 
order on June 11, 2019, and a mandate on August 23, 2019, requiring 
this action.

DATES: Effective September 30, 2019.

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: On January 23, 2017, MSHA published a final 
rule, Examinations of Working Places in Metal and Nonmetal Mines (MNM), 
amending the Agency's standards for the examinations of working places 
in MNM mines, 30 CFR 56.18002 and 57.18002 (82 FR 7680). The final rule 
required that an examination of the working place be conducted at least 
once each shift before miners begin working in that place, that 
operators notify miners in the affected areas of any conditions found 
that may adversely affect their safety or health, that operators 
promptly initiate corrective actions, and that a record be made of the 
examination. The final rule required the examination record to include: 
The name of the person conducting the examination, the date of the 
examination, the location of all areas examined, a description of each 
condition found that may adversely affect the safety or health of 
miners, and the date of corrective action. In addition, the final rule 
required the operator to make the examination record available to the 
authorized representative of the Secretary and miners' representatives 
and provide a copy upon request.
    On September 12, 2017, MSHA reopened the record and proposed 
limited changes addressing two issues: (1) The timing of working place 
examinations; and (2) which adverse conditions and corrective actions 
must be included in the working place examinations record (82 FR 
42757). Specifically, MSHA proposed amending the introductory text of 
Sec. Sec.  56.18002(a) and 57.18002(a) to require that an examination 
of a working place be conducted before work begins or as miners begin 
work in that place. The Agency also proposed amending paragraphs (b) 
and (c) of Sec. Sec.  56.18002 and 57.18002 to require that the 
examination record include descriptions of only those adverse 
conditions that are not corrected promptly and the dates of their 
corrective actions. After receiving comments, MSHA published a final 
rule on April 9, 2018 (``April 2018 rule'') (83 FR 15055) revising the 
introductory text of paragraph (a) of Sec. Sec.  56.18002 and 57.18002, 
and paragraphs (b) and (c) of Sec. Sec.  56.18002 and 57.18002.
    On May 9, 2018, the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO-CLC and United Mine Workers of America 
International Union petitioned the U.S. Court of Appeals for the 
District of Columbia Circuit to review the April 2018 rule. The 
petitioners argued that the April 2018 rule violated the no-less 
protection requirement under sec. 101(a)(9) of the Federal Mine Safety 
and Health Act of 1977, 30 U.S.C. 811(a)(9), and also was ``arbitrary 
and capricious'' under the Administrative Procedure Act. See 5 U.S.C. 
706.
    On June 11, 2019, the Court vacated the April 2018 final rule and 
ordered the January 23, 2017 final rule reinstated. United Steel 
Workers, et al. v. MSHA, D.C. Cir. No. 18-1116. On July 25, 2019, the 
Secretary petitioned the Court for a panel rehearing. The Court denied 
the petition for rehearing on August 14, 2019. The Court issued a 
mandate on August 23, 2019. Accordingly, in this document, MSHA 
recognizes the legal effect of the court order and revises Sec. Sec.  
56.18002 and 57.18002 to reinstate the regulatory provisions 
established by the January 23, 2017 final rule.
    The rule is effective immediately; however, MSHA will use the first 
90 days to fully implement the rule. During this time, MSHA will hold 
informational stakeholder meetings and provide in-person compliance and 
technical assistance to ensure that miners and mine operators 
understand the rule's requirements. The dates, times, locations, and 
other information will be announced in a separate document in the 
Federal Register, and will be posted on www.msha.gov. Compliance 
assistance materials that include the MSHA's inspector training 
materials will be available on the Agency's website at www.msha.gov.
    MSHA determined that the final rule published on January 23, 2017, 
will result in $34.5 million in annual costs for the MNM industry (82 
FR 7680, 7682). At that time, the Agency estimated that the total 
undiscounted costs of the final rule over 10 years will be $345.1 
million; at a 3 percent discount rate, $294.4 million; and at a 7 
percent discount rate, $242.4 million (Id.). Reinstating the provisions 
of this final rule will eliminate the $27.6 million savings estimated 
for the April 2018 rule (83 FR 15055, 15056).
    MSHA determined that the January 23, 2017 final rule would not have 
an annual effect of $100 million or more on the economy and, therefore, 
is not an economically significant regulatory action pursuant to 
section 3(f) of Executive Order (E.O.) 12866 (82 FR 7680, 7688). The 
analyses relating to overall cost, feasibility, Regulatory Flexibility 
Analysis, and Paperwork Reduction Act of 1995 costs of the final

[[Page 51401]]

rule remain unchanged since its publication on January 23, 2017. Based 
on the requirements of E.O. 13771, the $27.6 million annual savings 
attributed to fiscal year 2018 is now a regulatory cost for the current 
fiscal year.

List of Subjects in 30 CFR Parts 56 and 57

    Metals, Mine safety and health, Reporting and recordkeeping 
requirements.

David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health Administration.

    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 
chapter I of title 30 of the Code of Federal Regulations 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.


0
2. Revise Sec.  56.18002 to read as follows:


Sec.  56.18002  Examination of working places.

    (a) A competent person designated by the operator shall examine 
each working place at least once each shift before miners begin work in 
that place, for conditions that may adversely affect safety or health.
    (1) The operator shall promptly notify miners in any affected areas 
of any conditions found that may adversely affect safety or health and 
promptly initiate appropriate action to correct such conditions.
    (2) Conditions noted by the person conducting the examination that 
may present an imminent danger 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.
    (b) A record of each examination shall be made before the end of 
the shift for which the examination was conducted. The record shall 
contain the name of the person conducting the examination; date of the 
examination; location of all areas examined; and description of each 
condition found that may adversely affect the safety or health of 
miners.
    (c) When a condition that may adversely affect safety or health is 
corrected, the examination record shall include, or be supplemented to 
include, the date of the corrective action.
    (d) The operator shall maintain the examination records for at 
least one year, make the records available for inspection by authorized 
representatives of the Secretary and the representatives of miners, and 
provide these representatives a copy on request.

PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND 
NONMETAL MINES

0
3. The authority citation for part 57 continues to read as follows:

    Authority: 30 U.S.C. 811.


0
4. Revise Sec.  57.18002 to read as follows:


Sec.  57.18002  Examination of working places.

    (a) A competent person designated by the operator shall examine 
each working place at least once each shift before miners begin work in 
that place, for conditions that may adversely affect safety or health.
    (1) The operator shall promptly notify miners in any affected areas 
of any conditions found that may adversely affect safety or health and 
promptly initiate appropriate action to correct such conditions.
    (2) Conditions noted by the person conducting the examination that 
may present an imminent danger 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.
    (b) A record of each examination shall be made before the end of 
the shift for which the examination was conducted. The record shall 
contain the name of the person conducting the examination; date of the 
examination; location of all areas examined; and description of each 
condition found that may adversely affect the safety or health of 
miners.
    (c) When a condition that may adversely affect safety or health is 
corrected, the examination record shall include, or be supplemented to 
include, the date of the corrective action.
    (d) The operator shall maintain the examination records for at 
least one year, make the records available for inspection by authorized 
representatives of the Secretary and the representatives of miners, and 
provide these representatives a copy on request.

[FR Doc. 2019-20852 Filed 9-27-19; 8:45 am]
 BILLING CODE 4520-43-P