81_FR_58589 81 FR 58424 - Exposure of Underground Miners to Diesel Exhaust

81 FR 58424 - Exposure of Underground Miners to Diesel Exhaust

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range58424-58425
FR Document2016-20396

In response to requests from the public, the Mine Safety and Health Administration (MSHA) is extending the comment period on the Agency's request for information on Exposure of Underground Miners to Diesel Exhaust. This extension gives stakeholders additional time to evaluate the comments and testimony received thus far and submit information to the Agency.

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016)
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58424-58425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20396]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 57, 70, 72, and 75

[Docket No. MSHA-2014-0031]
RIN 1219-AB86


Exposure of Underground Miners to Diesel Exhaust

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for information; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: In response to requests from the public, the Mine Safety and 
Health Administration (MSHA) is extending the comment period on the 
Agency's request for information on Exposure of Underground Miners to 
Diesel Exhaust. This extension gives stakeholders additional time to 
evaluate the comments and testimony received thus far and submit 
information to the Agency.

DATES: The comment period for the request for information published on 
June 8, 2016 (81 FR 36826), is extended. Comments must be received by 
midnight Eastern Standard Time on November 30, 2016.

ADDRESSES: Submit comments and informational materials for the 
rulemaking record, identified by RIN 1219-AB86 or Docket No. MSHA-2014-
0031, by one of the following methods:
     Federal E-Rulemaking Portal: http://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-AB86'' or 
``Docket No. MSHA-2014-0031.'' Do not include personal information that 
you do not want publicly disclosed; MSHA will post all comments without 
change to http://www.regulations.gov and http://arlweb.msha.gov/currentcomments.asp, including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
http://

[[Page 58425]]

www.regulations.gov or http://arlweb.msha.gov/currentcomments.asp. To 
read background documents, go to http://www.regulations.gov. Review the 
docket in person at MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, 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 in Suite 4E401.
    Email Notification: To subscribe to receive an email notification 
when MSHA publishes rules in the Federal Register, go to http://www.msha.gov.

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 (facsimile). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: On June 8, 2016 (81 FR 36826), MSHA 
published a request for information on Exposure of Underground Miners 
to Diesel Exhaust. The request for information seeks input from the 
public that will help MSHA evaluate the Agency's existing standards and 
policy guidance on controlling miners' exposures to diesel exhaust to 
evaluate the effectiveness of the protection now in place to preserve 
miners' health.
    On June 27, 2016, (81 FR 41486), MSHA published a notice in the 
Federal Register announcing the dates and locations for four public 
meetings on the request for information. MSHA held meetings on July 19, 
21, and 26 and August 4, 2016. In response to requests from the public, 
MSHA is providing additional time for interested parties to comment. 
MSHA is extending the comment period from September 6, 2016, to 
November 30, 2016.

    Dated: August 17, 2016.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2016-20396 Filed 8-24-16; 8:45 am]
BILLING CODE 4520-43-P



                                               58424                 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules

                                               heard testimony at the public hearings                  mine operators’ ability to use the                    DEPARTMENT OF LABOR
                                               on stakeholder concerns that the                        examination record to identify and
                                               proposed requirement to sign the                        correct systemic adverse conditions if a              Mine Safety and Health Administration
                                               examination record would increase the                   record of an adverse condition that is
                                               potential for liability of miners under                 immediately corrected is not made.                    30 CFR Parts 57, 70, 72, and 75
                                               section 110(c) of the Mine Act for those                                                                      [Docket No. MSHA–2014–0031]
                                                                                                         MSHA received a number of
                                               who conduct workplace examinations.
                                               MSHA notes that Mine Act liability as                   comments and heard testimony at the                   RIN 1219–AB86
                                               an ‘‘agent’’ of an operator under section               public hearings asking if MSHA would
                                               110(c) relates to the substantive duties                require the person conducting the                     Exposure of Underground Miners to
                                               and delegated responsibilities of the                   working place examination to wait until               Diesel Exhaust
                                               person in question. The proposed rule                   the end of the shift to make the record.              AGENCY:  Mine Safety and Health
                                               language would not change the                           MSHA clarifies that the proposed rule                 Administration, Labor.
                                               qualification requirements for the                      would allow the competent person
                                                                                                                                                             ACTION: Request for information;
                                               ‘‘competent person’’ (although MSHA                     conducting the exam to make the record
                                                                                                                                                             extension of comment period.
                                               asked for comments on this issue). The                  any time before the end of the shift.
                                               proposal also would not change the                                                                            SUMMARY:   In response to requests from
                                               substantive requirements either for the                 II. Paperwork Reduction Act of 1995
                                                                                                                                                             the public, the Mine Safety and Health
                                               areas to be examined or the adverse                       MSHA’s proposed rule contains                       Administration (MSHA) is extending
                                               conditions for which the examination                    changes that would affect the burden in               the comment period on the Agency’s
                                               would be made. While the degree of                      an existing OMB Control Number 1219–                  request for information on Exposure of
                                               responsibility a particular person may                                                                        Underground Miners to Diesel Exhaust.
                                                                                                       0089. MSHA, the Department of Labor,
                                               have at any given mine may vary                                                                               This extension gives stakeholders
                                                                                                       and the Office of Management and
                                               widely, the single act of printing one’s                                                                      additional time to evaluate the
                                               initials or name, as opposed to signing                 Budget are particularly interested in
                                                                                                       comments related to the recordkeeping                 comments and testimony received thus
                                               one’s name, adds no more and no less                                                                          far and submit information to the
                                               to the substantive duties and                           requirement that:
                                                                                                                                                             Agency.
                                               qualifications of the person who                          • Evaluate whether the proposed
                                               conducts the examination.                                                                                     DATES:  The comment period for the
                                                                                                       collection of information is necessary
                                                  Nonetheless, some commenters were                                                                          request for information published on
                                                                                                       for the proper performance of the
                                               concerned that the signature                                                                                  June 8, 2016 (81 FR 36826), is extended.
                                                                                                       functions of the agency, including
                                               requirement would discourage miners                                                                           Comments must be received by
                                                                                                       whether the information will have                     midnight Eastern Standard Time on
                                               from conducting working place                           practical utility;
                                               examinations and would have a                                                                                 November 30, 2016.
                                               negative impact on the quality of the                     • Evaluate the accuracy of the                      ADDRESSES: Submit comments and
                                               examination. MSHA seeks comments on                     agency’s estimate of the burden of the                informational materials for the
                                               an alternative approach of simply                       proposed collection of information,                   rulemaking record, identified by RIN
                                               requiring that the name of the                          including the validity of the                         1219–AB86 or Docket No. MSHA–2014–
                                               competent person, rather than the                       methodology and assumptions used;                     0031, by one of the following methods:
                                               signature, be included in the                             • Enhance the quality, utility, and                   • Federal E-Rulemaking Portal:
                                               examination record.                                     clarity of the information to be                      http://www.regulations.gov. Follow the
                                                  MSHA received a number of                            collected; and                                        on-line instructions for submitting
                                               comments and heard testimony at the                                                                           comments.
                                               public hearings seeking clarification on                  • Minimize the burden of the                          • Email: zzMSHA-comments@
                                               the recordkeeping requirements for                      collection of information on those who                dol.gov.
                                               adverse conditions found that are                       are to respond, including through the                   • Mail: MSHA, Office of Standards,
                                               immediately corrected. Some                             use of appropriate automated,                         Regulations, and Variances, 201 12th
                                               commenters were concerned that                          electronic, mechanical, or other                      Street South, Suite 4E401, Arlington,
                                               recording every condition and every                     technological collection techniques or                Virginia 22202–5452.
                                               corrective action would be an excessive                 other forms of information technology,                  • Hand Delivery or Courier: 201 12th
                                               burden to mine operators, especially for                e.g., permitting electronic submission of             Street South, Suite 4E401, Arlington,
                                               small operators. As MSHA stated, the                    responses.                                            Virginia, between 9:00 a.m. and 5:00
                                               Agency believes that making and                                                                               p.m. Monday through Friday, except
                                                                                                         MSHA solicits comments from the
                                               maintaining a record of adverse                                                                               Federal holidays. Sign in at the
                                                                                                       mining community on all aspects of the
                                               conditions found and corrective actions                                                                       receptionist’s desk on the 4th Floor East,
                                               taken would help mine operators and                     proposed rule. Commenters are                         Suite 4E401.
                                               miners and their representatives become                 requested to be specific in their                       • Fax: 202–693–9441.
                                               more aware of potential dangers and                     comments and to provide sufficient                      Instructions: All submissions must
                                               more proactive in their approach to                     detail in their responses to enable                   include ‘‘RIN 1219–AB86’’ or ‘‘Docket
                                               correcting these issues before they cause               proper Agency review and                              No. MSHA–2014–0031.’’ Do not include
                                               or contribute to an accident, injury, or                consideration. All comments must be                   personal information that you do not
                                               fatality. (81 FR 36819). MSHA seeks                     received by September 30, 2016.                       want publicly disclosed; MSHA will
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                                               information on how mine operators                         Dated: August 17, 2016.                             post all comments without change to
                                               have used the examination record to                     Joseph A. Main,
                                                                                                                                                             http://www.regulations.gov and http://
                                               identify and correct systemic adverse                                                                         arlweb.msha.gov/currentcomments.asp,
                                               conditions that may contribute to an                    Assistant Secretary of Labor for Mine Safety          including any personal information
                                                                                                       and Health.
                                               accident, injury, or fatality. In addition,                                                                   provided.
                                               MSHA seeks comment on possible                          [FR Doc. 2016–20395 Filed 8–23–16; 8:45 am]             Docket: For access to the docket to
                                               limitations that would be placed on the                 BILLING CODE 4520–43–P                                read comments received, go to http://


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                                                                     Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules                                               58425

                                               www.regulations.gov or http://                          DEPARTMENT OF THE TREASURY                            dockets at Regulations.gov as their
                                               arlweb.msha.gov/currentcomments.asp.                                                                          complete, official-record docket; all
                                               To read background documents, go to                     Financial Crimes Enforcement Network                  hard copies of materials that should be
                                               http://www.regulations.gov. Review the                                                                        in the docket, including public
                                               docket in person at MSHA, Office of                     31 CFR Parts 1010 and 1020                            comments, are electronically scanned
                                               Standards, Regulations, and Variances,                                                                        and placed there. Federal Register
                                                                                                       RIN 1506–AB28
                                               201 12th Street South, Arlington,                                                                             notices published by FinCEN are
                                               Virginia, between 9:00 a.m. and 5:00                    Customer Identification Programs,                     searchable by docket number, RIN, or
                                               p.m. Monday through Friday, except                      Anti-Money Laundering Programs, and                   document title, among other things, and
                                               Federal Holidays. Sign in at the                        Beneficial Ownership Requirements                     the docket number, RIN, and title may
                                               receptionist’s desk in Suite 4E401.                     for Banks Lacking a Federal Functional                be found at the beginning of the notice.
                                                                                                       Regulator                                             In general, FinCEN will make all
                                                 Email Notification: To subscribe to                                                                         comments publicly available by posting
                                               receive an email notification when                      AGENCY: Financial Crimes Enforcement                  them on http://www.regulations.gov.
                                               MSHA publishes rules in the Federal                     Network (‘‘FinCEN’’), Treasury.                       FOR FURTHER INFORMATION CONTACT: The
                                               Register, go to http://www.msha.gov.                    ACTION: Notice of proposed rulemaking.                FinCEN Resource Center at (800) 767–
                                               FOR FURTHER INFORMATION CONTACT:                                                                              2825 or email frc@fincen.gov.
                                                                                                       SUMMARY:   FinCEN is issuing this
                                               Sheila A. McConnell, Director, Office of                proposed rule to implement section 326                SUPPLEMENTARY INFORMATION:
                                               Standards, Regulations, and Variances,                  of the Uniting and Strengthening
                                               MSHA, at mcconnell.sheila.a@dol.gov                                                                           I. Background
                                                                                                       America by Providing Appropriate
                                               (email), 202–693–9440 (voice); or 202–                  Tools Required to Intercept and                       A. Statutory Provisions
                                               693–9441 (facsimile). These are not toll-               Obstruct Terrorism Act of 2001 and to                    FinCEN exercises regulatory functions
                                               free numbers.                                           remove the anti-money laundering                      primarily under the Currency and
                                               SUPPLEMENTARY INFORMATION:     On June 8,               program exemption for banks that lack                 Financial Transactions Reporting Act of
                                               2016 (81 FR 36826), MSHA published a                    a Federal functional regulator,                       1970, as amended by the Uniting and
                                               request for information on Exposure of                  including, but not limited to, private                Strengthening America by Providing
                                               Underground Miners to Diesel Exhaust.                   banks, non-federally insured credit                   Appropriate Tools Required to Intercept
                                                                                                       unions, and certain trust companies.                  and Obstruct Terrorism Act of 2001
                                               The request for information seeks input
                                                                                                       The proposed rule would prescribe                     (‘‘USA PATRIOT Act’’) (Pub. L. 107–56)
                                               from the public that will help MSHA
                                                                                                       minimum standards for anti-money                      and other legislation. This legislative
                                               evaluate the Agency’s existing standards                laundering programs for banks without
                                               and policy guidance on controlling                                                                            framework is commonly referred to as
                                                                                                       a Federal functional regulator to ensure              the ‘‘Bank Secrecy Act’’ (‘‘BSA’’).1 The
                                               miners’ exposures to diesel exhaust to                  that all banks, regardless of whether
                                               evaluate the effectiveness of the                                                                             Secretary of the Treasury (‘‘Secretary’’)
                                                                                                       they are subject to Federal regulation                has delegated to the Director of FinCEN
                                               protection now in place to preserve                     and oversight, are required to establish              the authority to implement, administer,
                                               miners’ health.                                         and implement anti-money laundering                   and enforce compliance with the BSA
                                                  On June 27, 2016, (81 FR 41486),                     programs, and would extend customer                   and associated regulations.2 Pursuant to
                                               MSHA published a notice in the Federal                  identification program requirements and               this authority, FinCEN may issue
                                               Register announcing the dates and                       beneficial ownership requirements to                  regulations requiring financial
                                               locations for four public meetings on the               those banks not already subject to these              institutions to keep records and file
                                               request for information. MSHA held                      requirements.                                         reports that ‘‘have a high degree of
                                               meetings on July 19, 21, and 26 and                     DATES: Written comments may be                        usefulness in criminal, tax, or regulatory
                                               August 4, 2016. In response to requests                 submitted to FinCEN on or before                      investigations or proceedings, or in the
                                               from the public, MSHA is providing                      October 24, 2016.                                     conduct of intelligence or
                                               additional time for interested parties to               ADDRESSES: You may submit comments,                   counterintelligence activities, including
                                               comment. MSHA is extending the                          identified by Regulatory Identification               analysis, to protect against international
                                               comment period from September 6,                        Number (RIN) 1506–AB28, by any of the                 terrorism.’’ 3 Additionally, FinCEN is
                                               2016, to November 30, 2016.                             following methods:                                    authorized to impose anti-money
                                                                                                          • Federal E-rulemaking Portal: http://             laundering (‘‘AML’’) program
                                                 Dated: August 17, 2016.                                                                                     requirements for financial institutions.4
                                                                                                       www.regulations.gov. Follow the
                                               Joseph A. Main,                                         instructions for submitting comments.                    Section 352 of the USA PATRIOT Act
                                               Assistant Secretary of Labor for Mine Safety            Include 1506–AB28 in the submission.                  requires financial institutions to
                                               and Health.                                             Refer to Docket Number FINCEN–2014–                   establish AML programs that, at a
                                               [FR Doc. 2016–20396 Filed 8–24–16; 8:45 am]             0004.                                                 minimum, include: (1) The
                                               BILLING CODE 4520–43–P                                     • Mail: Policy Division, Financial                 development of internal policies,
                                                                                                       Crimes Enforcement Network, P.O. Box                  procedures, and controls; (2) the
                                                                                                       39, Vienna, VA 22183. Include 1506–                   designation of a compliance officer; (3)
                                                                                                       AB28 in the body of the text. Please                  an ongoing employee training program;
                                                                                                       submit comments by one method only.                   and (4) an independent audit function
                                                                                                       Comments submitted in response to this
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                                                                                                       notice of proposed rulemaking                           1 The BSA is codified at 12 U.S.C. 1829b, 12

                                                                                                       (‘‘NPRM’’) will become a matter of                    U.S.C. 1951–1959, 31 U.S.C. 5311–5314 and 5316–
                                                                                                       public record. Therefore, you should                  5332, and notes thereto, with implementing
                                                                                                                                                             regulations at 31 CFR chapter X. See 31 CFR
                                                                                                       submit only information that you wish                 1010.100(e).
                                                                                                       to make publicly available.                             2 Treasury Order 180–01 (Jul. 1, 2014).

                                                                                                          Inspection of comments: FinCEN uses                  3 31 U.S.C. 5311.

                                                                                                       the electronic, Internet-accessible                     4 31 U.S.C. 5318(h).




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Document Created: 2016-08-25 00:35:20
Document Modified: 2016-08-25 00:35:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for information; extension of comment period.
DatesThe comment period for the request for information published on June 8, 2016 (81 FR 36826), is extended. Comments must be received by midnight Eastern Standard Time on November 30, 2016.
ContactSheila A. McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email), 202-693-9440 (voice); or 202-693- 9441 (facsimile). These are not toll-free numbers.
FR Citation81 FR 58424 
RIN Number1219-AB86
CFR Citation30 CFR 57
30 CFR 70
30 CFR 72
30 CFR 75

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