82 FR 2284 - Exposure of Underground Miners to Diesel Exhaust

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range		2284-2285
FR Document		2017-00104

In response to requests from the public, the Mine Safety and Health Administration (MSHA) is reopening the proposed rulemaking record for public comment on the Agency's request for information on Exposure of Underground Miners to Diesel Exhaust.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2284-2285]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00104]


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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; reopening of the comment period.

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SUMMARY: In response to requests from the public, the Mine Safety and 
Health Administration (MSHA) is reopening the proposed rulemaking 
record for public comment on the Agency's request for information on 
Exposure of Underground Miners to Diesel Exhaust.

DATES: The comment period for the request for information, published on 
June 8, 2016 (81 FR 36826), and closed

[[Page 2285]]

on November 30, 2016, (81 FR 58424) is reopened. Comments must be 
received on or before midnight Eastern Standard Time on January 9, 
2018.

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.
     E-Mail: [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://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.
    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). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: On June 8, 2016 (81 FR 36826), MSHA 
published a request for information (RFI) on Exposure of Underground 
Miners to Diesel Exhaust. The RFI sought 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 four public meetings on the RFI. Public 
meetings were held on July 19, 21, and 26 and August 4, 2016. The 
comment period was scheduled to close on September 6, 2016; however, in 
response to requests from the public, MSHA extended the comment period 
until November 30, 2016 (81 FR 58424).
    During the comment period, MSHA received requests for MSHA and the 
National Institute for Occupational Safety and Health (NIOSH) to 
convene a Diesel Exhaust Health Effects Partnership (Partnership) with 
the mining industry, diesel engine manufacturers, academia and 
representatives of organized labor to gather information regarding the 
complex questions contained in the RFI. In response to these requests, 
MSHA and NIOSH agreed to form a Partnership that includes all relevant 
stakeholders from the mining community to come together to understand 
the health effects from underground miners' exposure to diesel exhaust. 
The Partnership will also provide stakeholders an opportunity to 
consider best practices and new technologies including engineering 
controls that enhance control of diesel exhaust exposures to improve 
protections for miners.
    The first meeting of the Diesel Exhaust Health Effects Partnership 
was held on December 8, 2016, in Washington, Pennsylvania.
    During the comment period and at the Partnership meeting, MSHA 
received requests from stakeholders to reopen the rulemaking record for 
comment on the RFI and allow the comment period to remain open during 
the Partnership proceedings. In response to these requests, MSHA is 
reopening the record for comment and extending the comment period to 
January 9, 2018. The reopening of the record for comment will allow all 
interested parties an additional opportunity to re-evaluate all issues 
related to miners' exposure to diesel exhaust and to determine if 
improvements can be made.

Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2017-00104 Filed 1-6-17; 8:45 am]
 BILLING CODE 4520-43-P

2284 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules

done ‘‘on the record after opportunity section 553 of the Administrative by Executive Order 12866 (Regulatory
for a hearing’’ conducted pursuant to Procedure Act (APA), 5 U.S.C. 553, do Planning and Review), section 3(f), and,
the provisions of 5 U.S.C. 556 and 557. not apply to this notice of intent. In the accordingly, this action has not been
21 U.S.C. 811. The regular scheduling alternative, even assuming that this reviewed by the Office of Management
process of formal rulemaking affords notice of intent might be subject to and Budget.
interested parties with appropriate section 553 of the APA, the This action will not have substantial
process and the government with any Administrator finds that there is good direct effects on the States, on the
additional relevant information needed cause to forgo the notice and comment relationship between the national
to make a determination. Final requirements of section 553, as any government and the States, or on the
decisions that conclude the regular further delays in the process for distribution of power and
scheduling process of formal issuance of temporary scheduling orders responsibilities among the various
rulemaking are subject to judicial would be impracticable and contrary to levels of government. Therefore, in
review. 21 U.S.C. 877. Temporary the public interest in view of the accordance with Executive Order 13132
scheduling orders are not subject to manifest urgency to avoid an imminent (Federalism) it is determined that this
judicial review. 21 U.S.C. 811(h)(6). hazard to the public safety. action does not have sufficient
Although the DEA believes this notice federalism implications to warrant the
Regulatory Matters of intent to issue a temporary preparation of a Federalism Assessment.
Section 201(h) of the CSA, 21 U.S.C. scheduling order is not subject to the
811(h), provides for an expedited notice and comment requirements of List of Subjects in 21 CFR Part 1308
temporary scheduling action where section 553 of the APA, the DEA notes Administrative practice and
such action is necessary to avoid an that in accordance with 21 U.S.C. procedure, Drug traffic control,
imminent hazard to the public safety. 811(h)(4), the Administrator will take Reporting and recordkeeping
As provided in this subsection, the into consideration any comments requirements.
Attorney General may, by order, submitted by the Assistant Secretary
schedule a substance in schedule I on a For the reasons set out above, the DEA
with regard to the proposed temporary
temporary basis. Such an order may not proposes to amend 21 CFR part 1308 as
scheduling order.
be issued before the expiration of 30 Further, the DEA believes that this follows:
days from (1) the publication of a notice temporary scheduling action is not a PART 1308—SCHEDULES OF
in the Federal Register of the intention ‘‘rule’’ as defined by 5 U.S.C. 601(2), CONTROLLED SUBSTANCES
to issue such order and the grounds and, accordingly, is not subject to the
upon which such order is to be issued, requirements of the Regulatory ■ 1. The authority citation for part 1308
and (2) the date that notice of the Flexibility Act (RFA). The requirements continues to read as follows:
proposed temporary scheduling order is for the preparation of an initial
transmitted to the Assistant Secretary. regulatory flexibility analysis in 5 U.S.C. Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
21 U.S.C. 811(h)(1). 603(a) are not applicable where, as here,
Inasmuch as section 201(h) of the the DEA is not required by section 553 ■ 2. In § 1308.11, add paragraph (h)(23)
CSA directs that temporary scheduling of the APA or any other law to publish through (28) to read as follows:
actions be issued by order and sets forth a general notice of proposed
the procedures by which such orders are rulemaking. § 1308.11 Schedule I
to be issued, the DEA believes that the Additionally, this action is not a * * * * *
notice and comment requirements of significant regulatory action as defined (h) * * *

(23) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers,
salts and salts of isomers (Other names: 5F-ADB; 5F-MDMB-PINACA) ........................................................................................... (7034)
(24) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers,
salts and salts of isomers (Other names: 5F-AMB) ............................................................................................................................ (7033)
(25) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and
salts of isomers (Other names: 5F-APINACA, 5F-AKB48) ................................................................................................................. (7049)
(26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric
isomers, salts and salts of isomers (Other names: ADB-FUBINACA) ................................................................................................ (7010)
(27) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
mers, salts and salts of isomers (Other names: MDMB-CHMICA, MMB-CHMINACA) ...................................................................... (7042)
(28) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers,
salts and salts of isomers (Other names: MDMB-FUBINACA) ........................................................................................................... (7020)

* * * * * DEPARTMENT OF LABOR ACTION:Request for information;
Dated: December 13, 2016. reopening of the comment period.
Mine Safety and Health Administration
Chuck Rosenberg, SUMMARY: In response to requests from
Acting Administrator. 30 CFR Parts 57, 70, 72, and 75 the public, the Mine Safety and Health
mstockstill on DSK3G9T082PROD with PROPOSALS

[FR Doc. 2017–00275 Filed 1–6–17; 8:45 am] Administration (MSHA) is reopening
[Docket No. MSHA–2014–0031]
BILLING CODE 4410–09–P the proposed rulemaking record for
RIN 1219–AB86 public comment on the Agency’s
request for information on Exposure of
Exposure of Underground Miners to Underground Miners to Diesel Exhaust.
Diesel Exhaust
DATES: The comment period for the
AGENCY:Mine Safety and Health request for information, published on
Administration, Labor. June 8, 2016 (81 FR 36826), and closed

VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\09JAP1.SGM 09JAP1

Document Created: 2018-10-24 11:11:23
Document Modified: 2018-10-24 11:11:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Request for information; reopening of the comment period.
Dates		The comment period for the request for information, published on June 8, 2016 (81 FR 36826), and closed on November 30, 2016, (81 FR 58424) is reopened. Comments must be received on or before midnight Eastern Standard Time on January 9, 2018.
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.
FR Citation		82 FR 2284
RIN Number		1219-AB86
CFR Citation		30 CFR 57 30 CFR 70 30 CFR 72 30 CFR 75

82 FR 2284 - Exposure of Underground Miners to Diesel Exhaust

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 82, Issue 5 (January 9, 2017)

DEPARTMENT OF LABOR
Mine Safety and Health Administration