82_FR_42940 82 FR 42765 - Examinations of Working Places in Metal and Nonmetal Mines

82 FR 42765 - Examinations of Working Places in Metal and Nonmetal Mines

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 175 (September 12, 2017)

Page Range42765-42765
FR Document2017-19380

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. MSHA is proposing to delay the effective date of the Agency's final rule to March 2, 2018. This extension would offer additional time for MSHA to provide stakeholders training and compliance assistance.

Federal Register, Volume 82 Issue 175 (Tuesday, September 12, 2017)
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Proposed Rules]
[Page 42765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19380]


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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.

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

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. MSHA is proposing to delay the effective date of the 
Agency's final rule to March 2, 2018. This extension would offer 
additional time for MSHA to provide stakeholders training and 
compliance assistance.

DATES: Comments must be received or postmarked by midnight Eastern 
Daylight Saving Time (DST) on September 26, 2017.

ADDRESSES: Submit comments and informational materials, identified by 
RIN 1219-AB87 or Docket No. MSHA-2014-0030, by one of the following 
methods:
    Federal E-Rulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    Email: [email protected].
    Mail: MSHA, Office of Standards, Regulations, and Variances, 201 
12th Street South, Suite 4E401, Arlington, Virginia 22202-5452.
    Hand Delivery or Courier: 201 12th Street South, Suite 4E401, 
Arlington, Virginia, between 9 a.m. and 5 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.
    Email Notification: To subscribe to receive email notification when 
MSHA publishes rulemaking documents in the Federal Register, go to 
https://www.msha.gov/subscriptions.
    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 a.m. 
and 5 p.m. DST Monday through Friday, except Federal holidays. Sign in 
at the receptionist's desk on the 4th Floor East, Suite 4E401.

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 May 22, 
2017, MSHA published a final rule delaying the effective date to 
October 2, 2017 (82 FR 23139), to assure that mine operators and miners 
affected by the final examinations rule have the training and 
compliance assistance they need prior to the rule's effective date.
    At this time, the Agency is proposing to delay the rule's effective 
date beyond October 2, 2017, to March 2, 2018. As MSHA has reiterated 
to industry stakeholders, MSHA made a commitment to the industry to 
hold informational meetings around the country and to develop and 
distribute compliance assistance material prior to enforcing the rule. 
MSHA also committed to conducting compliance assistance visits at metal 
and nonmetal mines throughout the country. Further, extending the 
effective date would permit more time for MSHA to address issues raised 
by stakeholders during quarterly training calls and stakeholder 
meetings and compliance assistance visits. MSHA is considering concerns 
raised by stakeholders on certain provisions in the rule and how best 
to address them. MSHA intends to collaborate with and seek input from 
stakeholders regarding these issues. At the same time, MSHA is seeking 
comment on a proposed rule that may address some of these issues. The 
extension also would provide MSHA more time to train its inspectors to 
help assure consistency in MSHA enforcement. MSHA will make the 
Agency's inspector training materials available to the mining community 
to assist miners and mine operators in effectively implementing the 
rule, thus enhancing the safety of miners.

Wayne D. Palmer,
Acting Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2017-19380 Filed 9-11-17; 8:45 am]
 BILLING CODE 4520-43-P



                                                                      Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules                                                42765

                                                  examination; date of the examination;                     Instructions: All submissions must                  visits. MSHA is considering concerns
                                                  location of all areas examined; and                     include RIN 1219–AB87 or Docket No.                   raised by stakeholders on certain
                                                  description of each condition found that                MSHA–2014–0030. Do not include                        provisions in the rule and how best to
                                                  may adversely affect the safety or health               personal information that you do not                  address them. MSHA intends to
                                                  of miners and is not corrected promptly.                want publicly disclosed; MSHA will                    collaborate with and seek input from
                                                    (c) When a condition that may                         post all comments without change,                     stakeholders regarding these issues. At
                                                  adversely affect safety or health is not                including any personal information                    the same time, MSHA is seeking
                                                  corrected promptly, the examination                     provided.                                             comment on a proposed rule that may
                                                  record shall include, or be                               Email Notification: To subscribe to                 address some of these issues. The
                                                  supplemented to include, the date of the                receive email notification when MSHA                  extension also would provide MSHA
                                                  corrective action.                                      publishes rulemaking documents in the                 more time to train its inspectors to help
                                                  *     *     *     *     *                               Federal Register, go to https://                      assure consistency in MSHA
                                                  [FR Doc. 2017–19381 Filed 9–11–17; 8:45 am]             www.msha.gov/subscriptions.                           enforcement. MSHA will make the
                                                  BILLING CODE 4520–43–P                                    Docket: For access to the docket to                 Agency’s inspector training materials
                                                                                                          read comments received, go to http://                 available to the mining community to
                                                                                                          www.regulations.gov or http://                        assist miners and mine operators in
                                                  DEPARTMENT OF LABOR                                     www.msha.gov/currentcomments.asp.                     effectively implementing the rule, thus
                                                                                                          To read background documents, go to                   enhancing the safety of miners.
                                                  Mine Safety and Health Administration                   http://www.regulations.gov. Review the
                                                                                                                                                                Wayne D. Palmer,
                                                                                                          docket in person at MSHA, Office of
                                                  30 CFR Parts 56 and 57                                  Standards, Regulations, and Variances,                Acting Assistant Secretary of Labor for Mine
                                                                                                                                                                Safety and Health.
                                                  [Docket No. MSHA–2014–0030]                             201 12th Street South, Arlington,
                                                                                                                                                                [FR Doc. 2017–19380 Filed 9–11–17; 8:45 am]
                                                                                                          Virginia, between 9 a.m. and 5 p.m. DST
                                                  RIN 1219–AB87                                           Monday through Friday, except Federal                 BILLING CODE 4520–43–P

                                                                                                          holidays. Sign in at the receptionist’s
                                                  Examinations of Working Places in
                                                                                                          desk on the 4th Floor East, Suite 4E401.
                                                  Metal and Nonmetal Mines                                                                                      ENVIRONMENTAL PROTECTION
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  AGENCY:  Mine Safety and Health                         Sheila A. McConnell, Director, Office of              AGENCY
                                                  Administration, Labor.                                  Standards, Regulations, and Variances,                40 CFR Part 52
                                                  ACTION: Proposed rule; delay of effective               MSHA, at mcconnell.sheila.a@dol.gov
                                                  date.                                                   (email); 202–693–9440 (voice); or 202–                [EPA–R09–OAR–2017–0332; FRL–9967–56–
                                                                                                          693–9441 (facsimile).                                 Region 9]
                                                  SUMMARY:   On January 23, 2017, the                     SUPPLEMENTARY INFORMATION:
                                                  Mine Safety and Health Administration                                                                         Approval of California Air Plan
                                                  (MSHA) published a final rule in the                    I. Delay of Effective Date                            Revisions, Placer County and Ventura
                                                  Federal Register amending the Agency’s                                                                        County Air Pollution Control Districts
                                                                                                             On January 23, 2017, MSHA
                                                  standards for the examination of                        published a final rule in the Federal                 AGENCY:  Environmental Protection
                                                  working places in metal and nonmetal                    Register (82 FR 7680) amending the                    Agency (EPA).
                                                  mines. MSHA is proposing to delay the                   Agency’s standards for the examination                ACTION: Proposed rule.
                                                  effective date of the Agency’s final rule               of working places in metal and
                                                  to March 2, 2018. This extension would                  nonmetal mines. The final rule was                    SUMMARY:   The Environmental Protection
                                                  offer additional time for MSHA to                       scheduled to become effective on May                  Agency (EPA) is proposing to approve
                                                  provide stakeholders training and                       23, 2017. On May 22, 2017, MSHA                       revisions to the Placer County Air
                                                  compliance assistance.                                  published a final rule delaying the                   Pollution Control District (PCAPCD) and
                                                  DATES: Comments must be received or                     effective date to October 2, 2017 (82 FR              Ventura County Air Pollution Control
                                                  postmarked by midnight Eastern                          23139), to assure that mine operators                 District (VCAPCD) portions of the
                                                  Daylight Saving Time (DST) on                           and miners affected by the final                      California State Implementation Plan
                                                  September 26, 2017.                                     examinations rule have the training and               (SIP). These revisions concern
                                                  ADDRESSES: Submit comments and                          compliance assistance they need prior                 emissions of oxides of nitrogen (NOX)
                                                  informational materials, identified by                  to the rule’s effective date.                         from incinerators in the PCAPCD and
                                                  RIN 1219–AB87 or Docket No. MSHA–                          At this time, the Agency is proposing              previously unregulated types of fuel
                                                  2014–0030, by one of the following                      to delay the rule’s effective date beyond             burning equipment in the VCAPCD. We
                                                  methods:                                                October 2, 2017, to March 2, 2018. As                 are proposing to approve local rules to
                                                     Federal E-Rulemaking Portal: https://                MSHA has reiterated to industry                       regulate these emission sources under
                                                  www.regulations.gov. Follow the on-line                 stakeholders, MSHA made a                             the Clean Air Act (CAA or the Act). We
                                                  instructions for submitting comments.                   commitment to the industry to hold                    are taking comments on this proposal
                                                     Email: zzMSHA-comments@dol.gov.                      informational meetings around the                     and plan to follow with a final action.
                                                     Mail: MSHA, Office of Standards,                     country and to develop and distribute                 DATES: Any comments must arrive by
                                                  Regulations, and Variances, 201 12th                    compliance assistance material prior to               October 12, 2017.
pmangrum on DSK3GDR082PROD with PROPOSALS1




                                                  Street South, Suite 4E401, Arlington,                   enforcing the rule. MSHA also                         ADDRESSES: Submit your comments,
                                                  Virginia 22202–5452.                                    committed to conducting compliance                    identified by Docket ID No. EPA–R09–
                                                     Hand Delivery or Courier: 201 12th                   assistance visits at metal and nonmetal               OAR–2017–0332 at http://
                                                  Street South, Suite 4E401, Arlington,                   mines throughout the country. Further,                www.regulations.gov. For comments
                                                  Virginia, between 9 a.m. and 5 p.m.                     extending the effective date would                    submitted at Regulations.gov, follow the
                                                  Monday through Friday, except Federal                   permit more time for MSHA to address                  online instructions for submitting
                                                  holidays. Sign in at the receptionist’s                 issues raised by stakeholders during                  comments. Once submitted, comments
                                                  desk on the 4th Floor East, Suite 4E401.                quarterly training calls and stakeholder              cannot be removed or edited from
                                                     Fax: 202–693–9441.                                   meetings and compliance assistance                    Regulations.gov. For either manner of


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Document Created: 2018-10-24 14:14:24
Document Modified: 2018-10-24 14:14:24
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.
DatesComments must be received or postmarked by midnight Eastern Daylight Saving Time (DST) on September 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 42765 
RIN Number1219-AB87
CFR Citation30 CFR 56
30 CFR 57

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