82_FR_15230 82 FR 15173 - Examinations of Working Places in Metal and Nonmetal Mines

82 FR 15173 - Examinations of Working Places in Metal and Nonmetal Mines

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range15173-15174
FR Document2017-05979

On January 23, 2017, the Mine Safety and Health Administration (MSHA) published a final rule in the Federal Register amending the Agency's standards for the examination of working places in metal and nonmetal mines. The effective date of this final rule is May 23, 2017. MSHA is proposing to delay the effective date of the final rule on Examinations of Working Places in Metal and Nonmetal Mines to assure that mine operators and miners affected by the examinations final rule have the training and compliance assistance they need prior to the rule's effective date. This proposed rule would delay the effective date of the final rule to July 24, 2017. MSHA is soliciting comments on the limited issue of whether to extend the effective date to July 24, 2017, and whether this extension offers an appropriate length of time for MSHA to provide stakeholders training and compliance assistance.

Federal Register, Volume 82 Issue 57 (Monday, March 27, 2017)
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Proposed Rules]
[Pages 15173-15174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05979]


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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-AB87


Examinations of Working Places in Metal and Nonmetal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; delay of effective date.

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SUMMARY: On January 23, 2017, the Mine Safety and Health Administration 
(MSHA) published a final rule in the Federal Register amending the 
Agency's standards for the examination of working places in metal and 
nonmetal mines. The effective date of this final rule is May 23, 2017. 
MSHA is proposing to delay the effective date of the final rule on 
Examinations of Working Places in Metal and Nonmetal Mines to assure 
that mine operators and miners affected by the examinations final rule 
have the training and compliance assistance they need prior to the 
rule's effective date. This proposed rule would delay the effective 
date of the final rule to July 24, 2017. MSHA is soliciting comments on 
the limited issue of whether to extend the effective date to July 24, 
2017, and whether this extension offers an appropriate length of time 
for MSHA to provide stakeholders training and compliance assistance.

DATES: Comment Deadline: April 26, 2017.

ADDRESSES: Submit comments, identified by RIN 1219-AB87 or Docket No. 
MSHA-2014-0030, 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-AB87 or Docket 
No. MSHA-2014-0030. Do not include personal information that you do not 
want publicly disclosed; MSHA will post all comments without change, 
including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
http://www.regulations.gov or http://www.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. EST Monday through Friday, except Federal holidays. 
Sign in at the receptionist's desk on the 4th Floor East, Suite 4E401.
    E-Mail 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).

SUPPLEMENTARY INFORMATION: 

I. Delay 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 mines. The final 
rule was scheduled to become effective on May 23, 2017. On January 20, 
2017, the Chief of Staff of the White House released a memorandum 
titled ``Regulatory Freeze Pending Review'' to ``ensure that the 
President's appointees or designees have the opportunity to review any 
new or pending regulations . . . .'' 82 FR 8346, January 24, 2017. 
Among other things, the memorandum directed the heads of executive 
departments and agencies to consider temporarily postponing the 
effective dates of all regulations that had been published in the 
Federal Register but had not yet taken effect.
    In keeping with MSHA's standard implementation practices, MSHA 
would

[[Page 15174]]

develop and distribute additional compliance assistance materials to 
post on the Agency's Web site (www.msha.gov). Compliance assistance 
materials would include templates for workplace examinations for 
different mining environments that would facilitate compliance and 
minimize mine operator recordkeeping burden. MSHA would make these 
compliance assistance materials available at a number of informational 
stakeholder meetings at various locations around the country. MSHA also 
understands that mine operators may need time to adjust schedules, 
develop additional recordkeeping capacity, and in other ways modify the 
way they currently do business to comply with the rule. For these 
reasons, MSHA is proposing to extend the rule's effective date to July 
24, 2017.
    MSHA is committed to assuring that mine operators and miners 
affected by the examinations final rule have the training and 
compliance assistance they need prior to the rule's effective date. As 
part of the outreach and compliance assistance process, MSHA would 
consider issues raised by stakeholders and consider further extending 
the effective date in order to determine if these issues can be 
reasonably addressed through compliance assistance and training. MSHA 
also seeks comments regarding the appropriate length of the proposed 
extension.

Patricia W. Silvey,
Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2017-05979 Filed 3-24-17; 8:45 am]
BILLING CODE 4510-43-P



                                                                             Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules                                           15173

                                                 body of technical regulations for which                    and within 1.3 miles each side of the 191°            Street South, Suite 4E401, Arlington,
                                                 frequent and routine amendments are                        radial of the Kingsville TACAN extending              Virginia 22202–5452.
                                                 necessary to keep them operationally                       from the 4.3-mile radius to 4.9 miles south             • Hand Delivery or Courier: 201 12th
                                                                                                            of the airport.                                       Street South, Suite 4E401, Arlington,
                                                 current, is non-controversial and
                                                 unlikely to result in adverse or negative                    Issued in Fort Worth, Texas, on March 13,           Virginia, between 9:00 a.m. and 5:00
                                                 comments. It, therefore: (1) Is not a                      2017.                                                 p.m. Monday through Friday, except
                                                 ‘‘significant regulatory action’’ under                    Walter Tweedy,                                        Federal holidays. Sign in at the
                                                 Executive Order 12866; (2) is not a                        Acting Manager, Operations Support Group,             receptionist’s desk on the 4th Floor East,
                                                 ‘‘significant rule’’ under DOT                             ATO Central Service Center.                           Suite 4E401.
                                                 Regulatory Policies and Procedures (44                     [FR Doc. 2017–05803 Filed 3–24–17; 8:45 am]             • Fax: 202–693–9441.
                                                 FR 11034; February 26, 1979); and (3)                                                                              Instructions: All submissions must
                                                                                                            BILLING CODE 4910–13–P
                                                 does not warrant preparation of a                                                                                include RIN 1219–AB87 or Docket No.
                                                 regulatory evaluation as the anticipated                                                                         MSHA–2014–0030. Do not include
                                                 impact is so minimal. Since this is a                                                                            personal information that you do not
                                                                                                            DEPARTMENT OF LABOR                                   want publicly disclosed; MSHA will
                                                 routine matter that will only affect air
                                                 traffic procedures and air navigation, it                  Mine Safety and Health Administration                 post all comments without change,
                                                 is certified that this rule, when                                                                                including any personal information
                                                 promulgated, would not have a                              30 CFR Parts 56 and 57                                provided.
                                                 significant economic impact on a                                                                                   Docket: For access to the docket to
                                                 substantial number of small entities
                                                                                                            [Docket No. MSHA–2014–0030]                           read comments received, go to http://
                                                 under the criteria of the Regulatory                       RIN 1219–AB87
                                                                                                                                                                  www.regulations.gov or http://
                                                                                                                                                                  www.msha.gov/currentcomments.asp.
                                                 Flexibility Act.
                                                                                                            Examinations of Working Places in                     To read background documents, go to
                                                 Environmental Review                                       Metal and Nonmetal Mines                              http://www.regulations.gov. Review the
                                                    This proposal will be subject to an                                                                           docket in person at MSHA, Office of
                                                                                                            AGENCY:  Mine Safety and Health                       Standards, Regulations, and Variances,
                                                 environmental analysis in accordance
                                                                                                            Administration, Labor.                                201 12th Street South, Arlington,
                                                 with FAA Order 1050.1F,
                                                                                                            ACTION: Proposed rule; delay of effective             Virginia, between 9:00 a.m. and 5:00
                                                 ‘‘Environmental Impacts: Policies and
                                                 Procedures’’ prior to any FAA final                        date.                                                 p.m. EST Monday through Friday,
                                                 regulatory action.                                                                                               except Federal holidays. Sign in at the
                                                                                                            SUMMARY:   On January 23, 2017, the                   receptionist’s desk on the 4th Floor East,
                                                 List of Subjects in 14 CFR Part 71                         Mine Safety and Health Administration                 Suite 4E401.
                                                                                                            (MSHA) published a final rule in the                    E-Mail Notification: To subscribe to
                                                   Airspace, Incorporation by reference,                    Federal Register amending the Agency’s
                                                 Navigation (air).                                                                                                receive an email notification when
                                                                                                            standards for the examination of                      MSHA publishes rules in the Federal
                                                 The Proposed Amendment                                     working places in metal and nonmetal                  Register, go to http://www.msha.gov.
                                                   Accordingly, pursuant to the                             mines. The effective date of this final               FOR FURTHER INFORMATION CONTACT:
                                                 authority delegated to me, the Federal                     rule is May 23, 2017. MSHA is                         Sheila A. McConnell, Director, Office of
                                                 Aviation Administration proposes to                        proposing to delay the effective date of              Standards, Regulations, and Variances,
                                                 amend 14 CFR part 71 as follows:                           the final rule on Examinations of                     MSHA, at mcconnell.sheila.a@dol.gov
                                                                                                            Working Places in Metal and Nonmetal                  (email); 202–693–9440 (voice); or 202–
                                                 PART 71—DESIGNATION OF CLASS A,                            Mines to assure that mine operators and               693–9441 (facsimile).
                                                 B, C, D, AND E AIRSPACE AREAS; AIR                         miners affected by the examinations
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                 TRAFFIC SERVICE ROUTES; AND                                final rule have the training and
                                                 REPORTING POINTS                                           compliance assistance they need prior                 I. Delay of Effective Date
                                                                                                            to the rule’s effective date. This                       On January 23, 2017, MSHA
                                                 ■ 1. The authority citation for 14 CFR                     proposed rule would delay the effective               published a Final Rule in the Federal
                                                 part 71 continues to read as follows:                      date of the final rule to July 24, 2017.              Register (82 FR 7680) amending the
                                                   Authority: 49 U.S.C. 106(f), 106(g); 40103,              MSHA is soliciting comments on the                    Agency’s standards for the examination
                                                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               limited issue of whether to extend the                of working places in metal and
                                                 1959–1963 Comp., p. 389.                                   effective date to July 24, 2017, and                  nonmetal mines. The final rule was
                                                                                                            whether this extension offers an                      scheduled to become effective on May
                                                 § 71.1       [Amended]
                                                                                                            appropriate length of time for MSHA to                23, 2017. On January 20, 2017, the Chief
                                                 ■ 2. The incorporation by reference in                     provide stakeholders training and
                                                 14 CFR 71.1 of FAA Order 7400.11A,                                                                               of Staff of the White House released a
                                                                                                            compliance assistance.                                memorandum titled ‘‘Regulatory Freeze
                                                 Airspace Designations and Reporting
                                                                                                            DATES: Comment Deadline: April 26,                    Pending Review’’ to ‘‘ensure that the
                                                 Points, dated August 3, 2016, and
                                                                                                            2017.                                                 President’s appointees or designees
                                                 effective September 15, 2016, is
                                                 amended as follows:                                        ADDRESSES: Submit comments,                           have the opportunity to review any new
                                                                                                            identified by RIN 1219–AB87 or Docket                 or pending regulations . . . .’’ 82 FR
                                                 Paragraph 6000         Class D Airspace Areas.                                                                   8346, January 24, 2017. Among other
                                                                                                            No. MSHA–2014–0030, by one of the
                                                 *        *      *       *      *
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                                                                                                            following methods:                                    things, the memorandum directed the
                                                 ASW TX D Kingsville, TX [Amended]                             • Federal E-Rulemaking Portal:                     heads of executive departments and
                                                 Kingsville Naval Air Station (NAS), TX                     http://www.regulations.gov. Follow the                agencies to consider temporarily
                                                   (Lat. 27°30′16″ N., long. 97°48′30″ W.)                  on-line instructions for submitting                   postponing the effective dates of all
                                                 Kingsville TACAN                                           comments.                                             regulations that had been published in
                                                   (Lat. 27°29′57″ N., long. 97°48′20″ W.)                     • Email: zzMSHA-comments@                          the Federal Register but had not yet
                                                   That airspace extends upward from the                    dol.gov.                                              taken effect.
                                                 surface to and including 2,500 feet MSL                       • Mail: MSHA, Office of Standards,                    In keeping with MSHA’s standard
                                                 within a 4.3-mile radius of Kingsville NAS,                Regulations, and Variances, 201 12th                  implementation practices, MSHA would


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                                                 15174                    Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules

                                                 develop and distribute additional                       (AOR). This notice informs the public of              avenues and planned by the local
                                                 compliance assistance materials to post                 regularly scheduled events that require               communities.
                                                 on the Agency’s Web site                                additional safety measures through                       The current list of annual and
                                                 (www.msha.gov). Compliance assistance                   establishing a special local regulation.              recurring special local regulations
                                                 materials would include templates for                   Through this notice the current list of               occurring in Sector Ohio Valley’s AOR
                                                 workplace examinations for different                    recurring special local regulations is                is published under 33 CFR part 100.801.
                                                 mining environments that would                          updated with revisions, additional                    That most recent list was created
                                                 facilitate compliance and minimize                      events, and removal of events that no                 January 25, 2016 through the
                                                 mine operator recordkeeping burden.                     longer take place in Sector Ohio Valley’s             rulemaking 81 FR 3976.
                                                 MSHA would make these compliance                        AOR. When these special local                            The Coast Guard’s authority for
                                                 assistance materials available at a                     regulations are enforced, certain                     establishing a special local regulation is
                                                 number of informational stakeholder                     restrictions are placed on marine traffic             contained at 33 U.S.C. 1233. The Coast
                                                 meetings at various locations around the                in specified areas. Additionally, this one            Guard is amending and updating the
                                                 country. MSHA also understands that                     proposed rulemaking project reduces                   special local regulations under 33 CFR
                                                 mine operators may need time to adjust                  administrative costs involved in                      part 100 to include the most up to date
                                                 schedules, develop additional                           producing separate proposed rules for                 list of recurring special local regulations
                                                 recordkeeping capacity, and in other                    each individual recurring special local               for events held on or around navigable
                                                 ways modify the way they currently do                   regulation and serves to provide notice               waters within Sector Ohio Valley’s
                                                 business to comply with the rule. For                   of the known recurring special local                  AOR. These events include marine
                                                 these reasons, MSHA is proposing to                     regulations throughout the year.                      parades, boat races, swim events, and
                                                 extend the rule’s effective date to July                DATES: Comments and related material                  other marine related events. The current
                                                 24, 2017.                                               must be received by the Coast Guard on                list under 33 CFR 100.801 requires
                                                    MSHA is committed to assuring that                   or before April 26, 2017.                             amending to provide new information
                                                 mine operators and miners affected by                   ADDRESSES: You may submit comments
                                                                                                                                                               on existing special local regulations,
                                                 the examinations final rule have the                    identified by docket number USCG–                     updating to include new special local
                                                 training and compliance assistance they                 2017–0010 using the Federal                           regulations expected to recur annually
                                                 need prior to the rule’s effective date. As             eRulemaking Portal at http://                         or biannually, and to remove special
                                                 part of the outreach and compliance                     www.regulations.gov. See the ‘‘Public                 local regulations that are no longer
                                                 assistance process, MSHA would                          Participation and Request for                         required. Issuing individual regulations
                                                 consider issues raised by stakeholders                                                                        for each new special local regulation,
                                                                                                         Comments’’ portion of the
                                                 and consider further extending the                                                                            amendment, or removal of an existing
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                 effective date in order to determine if                                                                       special local regulation creates
                                                                                                         further instructions on submitting
                                                 these issues can be reasonably                                                                                unnecessary administrative costs and
                                                                                                         comments.
                                                 addressed through compliance                                                                                  burdens. This single proposed
                                                                                                         FOR FURTHER INFORMATION CONTACT: If                   rulemaking will considerably reduce
                                                 assistance and training. MSHA also                      you have questions on this proposed
                                                 seeks comments regarding the                                                                                  administrative overhead and provides
                                                                                                         rule, call or email Petty Officer James               the public with notice through
                                                 appropriate length of the proposed                      Robinson, Sector Ohio Valley, U.S.
                                                 extension.                                                                                                    publication in the Federal Register of
                                                                                                         Coast Guard; telephone (502) 779–5347,                the upcoming recurring special local
                                                 Patricia W. Silvey,                                     email James.C.Robinson@uscg.mil.                      regulations.
                                                 Deputy Assistant Secretary of Labor for Mine            SUPPLEMENTARY INFORMATION:                               The Coast Guard encourages the
                                                 Safety and Health.                                                                                            public to participate in this proposed
                                                                                                         I. Table of Abbreviations
                                                 [FR Doc. 2017–05979 Filed 3–24–17; 8:45 am]                                                                   rulemaking through the comment
                                                 BILLING CODE 4510–43–P
                                                                                                         CFR Code of Federal Regulations                       process so that any necessary changes
                                                                                                         DHS Department of Homeland Security                   can be identified and implemented in a
                                                                                                         E.O. Executive order                                  timely and efficient manner.
                                                                                                         FR Federal Register
                                                 DEPARTMENT OF HOMELAND                                  NPRM Notice of proposed rulemaking                    III. Discussion of Proposed Rule
                                                 SECURITY                                                Pub. L. Public Law
                                                                                                         § Section                                                33 CFR part 100 contains regulations
                                                 Coast Guard                                             U.S.C. United States Code                             to provide effective control over regattas
                                                                                                                                                               and marine parades conducted on U.S.
                                                                                                         II. Background, Purpose, and Legal                    navigable waters in order to ensure the
                                                 33 CFR Part 100                                         Basis                                                 safety of life in the regattas or marine
                                                 [Docket Number USCG–2017–0010]                             The Captain of the Port (COTP) Ohio                parade area. Section 100.801 provides
                                                                                                         Valley is proposing to establish, amend,              the regulations applicable to events
                                                 RIN 1625–AA08
                                                                                                         and update its current list of recurring              taking place in the Eighth Coast Guard
                                                 Special Local Regulations; Sector Ohio                  special local regulations.                            District and also provides a table listing
                                                                                                            These special local regulations are                each event and special local regulation.
                                                 Valley Annual and Recurring Special
                                                                                                         proposed to be added, amended, and                    This section requires amendment from
                                                 Local Regulations Update
                                                                                                         updated to the list of annually recurring             time to time to properly reflect the
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                                                 AGENCY:   Coast Guard, DHS.                             special local regulations under 33 CFR                recurring special local regulations in
                                                 ACTION:   Notice of proposed rulemaking.                100.801 in Table no. 1 for annual                     Sector Ohio Valley’s AOR. This
                                                                                                         special local regulations in the COTP                 proposed rule amends and updates
                                                 SUMMARY:  The Coast Guard is amending                   Ohio Valley zone. The Coast Guard will                Section 100.801 replacing the current
                                                 and updating its special local                          address all comments accordingly,                     Table 1 for Sector Ohio Valley.
                                                 regulations relating to recurring marine                whether through response, additional                     Additionally, this proposed rule
                                                 parades, regattas, and other events that                revision to the regulation, or otherwise.             would add 12 new recurring special
                                                 take place in the Coast Guard Sector                    Additionally, these recurring events are              local regulations and removes 06 special
                                                 Ohio Valley area of responsibility                      provided to the public through local                  local regulations as follows: 12 added


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Document Created: 2017-03-25 00:21:19
Document Modified: 2017-03-25 00:21:19
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
ActionProposed rule; delay of effective date.
DatesComment Deadline: April 26, 2017.
ContactSheila A. McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693- 9441 (facsimile).
FR Citation82 FR 15173 
RIN Number1219-AB87
CFR Citation30 CFR 56
30 CFR 57

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