82 FR 46411 - Examinations of Working Places in Metal and Nonmetal Mines

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range		46411-46413
FR Document		2017-21594

The Mine Safety and Health Administration is staying the effective date of the Agency's January 23, 2017, final rule that amended standards for examination of working places in metal and nonmetal mines to June 2, 2018. MSHA also is reinstating the provisions of the working place examinations standards that were in effect as of October 1, 2017. This stay and reinstatement offers additional time for MSHA to provide stakeholders training and compliance assistance.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46411-46413]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21594]


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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: Final rule; stay of effective date; reinstatement of rules.

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SUMMARY: The Mine Safety and Health Administration is staying the 
effective date of the Agency's January 23, 2017, final rule that 
amended standards for examination of working places in metal and 
nonmetal mines to June 2, 2018. MSHA also is reinstating the provisions 
of the working place examinations standards that were in effect as of 
October 1, 2017. This stay and reinstatement offers additional time for 
MSHA to provide stakeholders training and compliance assistance.

DATES: As of October 5, 2017, 30 CFR 56.18002 and 57.18002 are stayed 
until June 2, 2018, and 30 CFR 56.18002T and 57.18002T are added until 
June 2, 2018.

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. Stay 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 (MNM) mines 
(January 2017 final rule). 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). On 
September 12, 2017, MSHA proposed to further delay the effective date 
of the final rule from October 2, 2017 to March 2, 2018 (82 FR 42765). 
The comment period for the proposed delay of the final rule's effective 
date closed on September 26, 2017.
    In the same issue of the Federal Register, MSHA reopened the 
rulemaking record and proposed to amend the January 2017 final rule 
with regard to the timing of the working place examination and contents 
of the examination record (82 FR 42757). MSHA has scheduled four public 
hearings from October 24, 2017, to November 2, 2017, at various 
locations, to provide the members of the public an opportunity to 
present their views on the limited changes being proposed. The comment 
period for the proposed limited changes closes on November 13, 2017.
    Most commenters on the proposed rule to delay the effective date of 
the final rule supported extending the date beyond October 2, 2017. One 
commenter who supported extending the effective date to March 2, 2018, 
stated that the extension of time would offer additional time for MSHA 
to provide stakeholders training and compliance assistance, would 
further permit MSHA to address issues raised by stakeholders during 
quarterly training calls and stakeholder meetings and compliance 
assistance visits, and would also provide MSHA more time to train its 
inspectors to help ensure consistency in MSHA enforcement. This 
commenter also supported a further delay of the effective date of the 
final rule, should such be required, if the Agency has yet to achieve 
its stated goals.
    Many commenters stated that an extension beyond October 2, 2017 is 
necessary and appropriate and recommended an indefinite suspension of 
the effective date. The commenters maintained that, since substantive 
changes to the January 2017 final rule were proposed at the same time 
as the proposed delay, it is imprudent to establish any effective date 
until an amended final rule is promulgated and the substance of the 
rule is known. In addition, they acknowledged MSHA's stated intent to 
provide compliance assistance to industry and specific training to 
inspectors prior to the effective date. The commenters expressed 
concern that, for any compliance assistance measures to have any 
meaning, it is necessary for the exact terms of the final rule to be 
known before the final rule's effective date. Then, after the period of 
compliance assistance from MSHA, mine operators will be required to 
develop appropriate compliance programs to comply with the final rule. 
Given the uncertainty of the final rule's provisions and the compliance 
assistance efforts to be scheduled, the commenters believed that an 
appropriate effective date cannot be established.
    Other commenters stated that the proposed delay to March 2, 2018, 
was arbitrary and does not increase the likelihood that MSHA will 
complete all of the compliance assistance, outreach, and training tasks 
in that timeframe, or that the MNM industry will be ready to comply on 
the new effective date. They recommended that MSHA establish an 
effective date that is six months after the date on which any changes 
to the final Examinations rule are published in the Federal Register.
    MSHA agrees with commenters who support an extension beyond the 
proposed March 2, 2018 effective date so that the Agency will complete 
its stated goals by the effective date of the final rule. To ensure 
compliance readiness on that date, MSHA is developing compliance 
assistance materials to assist the industry. A stay beyond the proposed 
March 2, 2018, effective date will provide MSHA the time and 
flexibility to make these materials available to stakeholders and post 
them on MSHA's Web site (www.msha.gov); hold informational stakeholder 
meetings at various locations around the country; and focus on 
compliance assistance visits in other areas of the country, as well as 
ensure all issues at these meetings and visits are addressed. 
Additional time will also allow MSHA to train its inspectors to ensure 
consistent 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.
    Labor union commenters did not support the proposed delay in the 
effective date, stating that a delay was unnecessary and miners' health 
and safety would be affected by an extension. Labor also stated that 
the

[[Page 46412]]

January 2017 final rule made only minor changes.
    Staying the effective date does not negatively affect miners' 
safety and health; the standards that have been in effect for many 
years are reinstated and MSHA will continue to enforce those standards. 
MSHA will also continue to proactively provide compliance assistance 
and training needed to assure that miners' safety and health are 
protected. Staying the effective date of the January 2017 rule is 
necessary so that the diverse MNM mining industry is provided the 
educational, technical, and compliance assistance to ensure miners' 
safety and health and to comply with final rule requirements. The 
diversity in the MNM mining industry relates not only to commodities 
produced at mines and mills, but also differences for small and large 
mines in complying with the final rule. Based on data reported to MSHA, 
90 percent of over 11,000 MNM mines employ fewer than 20 miners and 
almost all (98 percent) are surface mines.
    Since most MNM mines are small operations, MSHA recognizes that 
they have limited staff, including limited administrative staff, as 
well as limited resources, and many are located in remote areas. These 
small mines may have limited access or no access to the internet at the 
mine site and may rely on stakeholder meetings and other types of MSHA 
assistance to acquire informational materials needed to comply with the 
rule. In MSHA's experience with previous changes to metal and nonmetal 
standards and regulations, outreach to these small mine operators 
requires MSHA to be flexible regarding different approaches that may be 
needed and regarding the time necessary to ensure that all miners and 
mine operators have the tools and the information to comply with the 
rule.
    MSHA has concluded that miners are better protected when operators 
and miners are provided needed informational and instructional 
materials and training and technical assistance regarding the rule's 
requirements. The stayed effective date to June 2, 2018 provides MSHA 
the flexibility the Agency needs to promote compliance, thereby 
increasing protections for miners.
    Further, staying the January 2017 rule without also reinstating the 
provisions that were in effect as of October 1, 2017, would leave 
miners unprotected. Reinstatement without delay is necessary to 
continue historical protection of metal and nonmetal miners through 
workplace examinations.

II. Other Issues

    Some commenters raised concern that the substance of the final rule 
is uncertain because litigation is pending on the January 2017 final 
rule. The commenters suggested that MSHA delay the effective date 
indefinitely until the rule's status is finally resolved. These 
comments are outside the scope of the September 12, 2017, proposed 
rule, which was limited to delaying the rule's effective date to ensure 
compliance readiness.

III. Conclusion

    Having given due consideration to all comments received, MSHA has 
determined that it is appropriate to stay the effective date until June 
2, 2018, and to reinstate the workplace examinations rules that were in 
effect as of October 1, 2017. The stay will address commenters' 
concerns regarding sufficient time for MSHA to fully inform and educate 
the mining community on the rule's requirements. A June 2, 2018, 
effective date provides more time and flexibility for MSHA to complete 
development of compliance assistance materials and make them available 
to stakeholders, hold informational meetings for stakeholders and 
conduct compliance assistance visits at MNM mines throughout the 
country. In addition, the extension will permit more time for MSHA to 
address issues that have been or may be raised during quarterly 
training calls and upcoming stakeholder meetings and compliance 
assistance visits and to train MSHA inspectors to help ensure 
consistency in MSHA enforcement. MSHA has determined that the 
educational, technical, and compliance assistance that will be provided 
to mine operators and miners during the period of the stayed effective 
date will enhance their understanding of the rule's requirements, 
thereby increasing protections for miners.
    For the foregoing reasons, MSHA has concluded that it is 
appropriate to stay the effective date until June 2, 2018.
    Accordingly, the effective date of the final rule published January 
23, 2017 (82 FR 7680), delayed on May 22, 2017 (82 FR 23139), is stayed 
until June 2, 2018. The standards that were in effect as of October 1, 
2017, are reinstated.

List of Subjects in 30 CFR Parts 56 and 57

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

    Dated: October 3, 2017.
Wayne D. Palmer,
Acting Assistant Secretary of Labor for Mine Safety and Health.

    For the reasons set out in the preamble, and under the authority of 
the Federal Mine Safety and Health Act of 1977, as amended by the Mine 
Improvement and New Emergency Response Act of 2006, MSHA is amending 
parts 56 and 57 as follows:

PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL 
MINES

0
1. The authority citation for part 56 continues to read as follows:

    Authority:  30 U.S.C. 811.

Sec.  56.18002   [Stayed]

0
2. Section 56.18002 is stayed until June 2, 2018.

0
3. Section 56.18002T is added until June 2, 2018 to read as follows:


Sec.  56.18002T   Examination of working places.

    (a) A competent person designated by the operator shall examine 
each working place at least once each shift for conditions which may 
adversely affect safety or health. The operator shall promptly initiate 
appropriate action to correct such conditions.
    (b) A record that such examinations were conducted shall be kept by 
the operator for a period of one year, and shall be made available for 
review by the Secretary or his authorized representative.
    (c) In addition, conditions that may present an imminent danger 
which are noted by the person conducting the examination shall be 
brought to the immediate attention of the operator who shall withdraw 
all persons from the area affected (except persons referred to in 
section 104(c) of the Federal Mine Safety and Health Act of 1977) until 
the danger is abated.

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

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

    Authority:  30 U.S.C. 811.


Sec.  57.18002   [Stayed]

0
5. Section 57.18002 is stayed until June 2, 2018.


0
6. Section 57.18002T is added until June 2, 2018 to read as follows:

[[Page 46413]]

Sec.  57.18002T   Examination of working places.

    (a) A competent person designated by the operator shall examine 
each working place at least once each shift for conditions which may 
adversely affect safety or health. The operator shall promptly initiate 
appropriate action to correct such conditions.
    (b) A record that such examinations were conducted shall be kept by 
the operator for a period of one year, and shall be made available for 
review by the Secretary or his authorized representative.
    (c) In addition, conditions that may present an imminent danger 
which are noted by the person conducting the examination shall be 
brought to the immediate attention of the operator who shall withdraw 
all persons from the area affected (except persons referred to in 
section 104(c) of the Federal Mine Safety and Health Act of 1977) until 
the danger is abated.

[FR Doc. 2017-21594 Filed 10-3-17; 4:15 pm]
 BILLING CODE 4520-43-P

Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46411

§ 1.430(h)(3)–1(a) are used to determine I. Stay of Effective Date the substance of the rule is known. In
a CSEC plan’s current liability for On January 23, 2017, MSHA addition, they acknowledged MSHA’s
purposes of applying the rules of section published a final rule in the Federal stated intent to provide compliance
433(c)(7)(C). Either the static mortality Register (82 FR 7680) amending the assistance to industry and specific
tables used pursuant to § 1.430(h)(3)– Agency’s standards for the examination training to inspectors prior to the
1(a)(3) or generational mortality tables of working places in metal and effective date. The commenters
used pursuant to § 1.430(h)(3)–1(a)(2) nonmetal (MNM) mines (January 2017 expressed concern that, for any
may be used for a CSEC plan for this final rule). The final rule was scheduled compliance assistance measures to have
purpose, but substitute mortality tables to become effective on May 23, 2017. On any meaning, it is necessary for the
under § 1.430(h)(3)–2 may not be used May 22, 2017, MSHA published a final exact terms of the final rule to be known
for this purpose. before the final rule’s effective date.
rule delaying the effective date to
(b) Effective/applicability date. This Then, after the period of compliance
October 2, 2017 (82 FR 23139). On
section applies for plan years beginning assistance from MSHA, mine operators
September 12, 2017, MSHA proposed to
on or after January 1, 2018. will be required to develop appropriate
further delay the effective date of the
compliance programs to comply with
Kirsten Wielobob, final rule from October 2, 2017 to March
the final rule. Given the uncertainty of
Deputy Commissioner for Services and 2, 2018 (82 FR 42765). The comment
the final rule’s provisions and the
Enforcement. period for the proposed delay of the
compliance assistance efforts to be
Approved: August 21, 2017. final rule’s effective date closed on
scheduled, the commenters believed
David Kautter, September 26, 2017.
that an appropriate effective date cannot
In the same issue of the Federal
Assistant Secretary of the Treasury for Tax be established.
Policy.
Register, MSHA reopened the Other commenters stated that the
rulemaking record and proposed to proposed delay to March 2, 2018, was
[FR Doc. 2017–21485 Filed 10–3–17; 4:15 pm]
amend the January 2017 final rule with arbitrary and does not increase the
BILLING CODE 4830–01–P
regard to the timing of the working likelihood that MSHA will complete all
place examination and contents of the of the compliance assistance, outreach,
examination record (82 FR 42757). and training tasks in that timeframe, or
DEPARTMENT OF LABOR MSHA has scheduled four public that the MNM industry will be ready to
hearings from October 24, 2017, to comply on the new effective date. They
Mine Safety and Health Administration November 2, 2017, at various locations, recommended that MSHA establish an
to provide the members of the public an effective date that is six months after the
30 CFR Parts 56 and 57 opportunity to present their views on date on which any changes to the final
the limited changes being proposed. The Examinations rule are published in the
[Docket No. MSHA–2014–0030] comment period for the proposed Federal Register.
limited changes closes on November 13, MSHA agrees with commenters who
RIN 1219–AB87 2017. support an extension beyond the
Most commenters on the proposed proposed March 2, 2018 effective date
Examinations of Working Places in rule to delay the effective date of the so that the Agency will complete its
Metal and Nonmetal Mines final rule supported extending the date stated goals by the effective date of the
AGENCY: Mine Safety and Health beyond October 2, 2017. One final rule. To ensure compliance
Administration, Labor. commenter who supported extending readiness on that date, MSHA is
the effective date to March 2, 2018, developing compliance assistance
ACTION: Final rule; stay of effective date;
stated that the extension of time would materials to assist the industry. A stay
reinstatement of rules. offer additional time for MSHA to beyond the proposed March 2, 2018,
SUMMARY: The Mine Safety and Health provide stakeholders training and effective date will provide MSHA the
Administration is staying the effective compliance assistance, would further time and flexibility to make these
date of the Agency’s January 23, 2017, permit MSHA to address issues raised materials available to stakeholders and
final rule that amended standards for by stakeholders during quarterly post them on MSHA’s Web site
examination of working places in metal training calls and stakeholder meetings (www.msha.gov); hold informational
and nonmetal mines to June 2, 2018. and compliance assistance visits, and stakeholder meetings at various
MSHA also is reinstating the provisions would also provide MSHA more time to locations around the country; and focus
of the working place examinations train its inspectors to help ensure on compliance assistance visits in other
standards that were in effect as of consistency in MSHA enforcement. This areas of the country, as well as ensure
October 1, 2017. This stay and commenter also supported a further all issues at these meetings and visits
reinstatement offers additional time for delay of the effective date of the final are addressed. Additional time will also
MSHA to provide stakeholders training rule, should such be required, if the allow MSHA to train its inspectors to
and compliance assistance. Agency has yet to achieve its stated ensure consistent enforcement. MSHA
goals. will make the Agency’s inspector
DATES: As of October 5, 2017, 30 CFR
Many commenters stated that an training materials available to the
56.18002 and 57.18002 are stayed until extension beyond October 2, 2017 is mining community to assist miners and
June 2, 2018, and 30 CFR 56.18002T and necessary and appropriate and mine operators in effectively
57.18002T are added until June 2, 2018. recommended an indefinite suspension implementing the rule, thus enhancing
FOR FURTHER INFORMATION CONTACT: of the effective date. The commenters
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the safety of miners.
Sheila A. McConnell, Director, Office of maintained that, since substantive Labor union commenters did not
Standards, Regulations, and Variances, changes to the January 2017 final rule support the proposed delay in the
MSHA, at mcconnell.sheila.a@dol.gov were proposed at the same time as the effective date, stating that a delay was
(email); 202–693–9440 (voice); or 202– proposed delay, it is imprudent to unnecessary and miners’ health and
693–9441 (facsimile). establish any effective date until an safety would be affected by an
SUPPLEMENTARY INFORMATION: amended final rule is promulgated and extension. Labor also stated that the

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46412 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations

January 2017 final rule made only minor II. Other Issues Dated: October 3, 2017.
changes. Wayne D. Palmer,
Staying the effective date does not Some commenters raised concern that Acting Assistant Secretary of Labor for Mine
negatively affect miners’ safety and the substance of the final rule is Safety and Health.
health; the standards that have been in uncertain because litigation is pending
effect for many years are reinstated and on the January 2017 final rule. The For the reasons set out in the
MSHA will continue to enforce those commenters suggested that MSHA delay preamble, and under the authority of the
standards. MSHA will also continue to the effective date indefinitely until the Federal Mine Safety and Health Act of
proactively provide compliance rule’s status is finally resolved. These 1977, as amended by the Mine
assistance and training needed to assure comments are outside the scope of the Improvement and New Emergency
that miners’ safety and health are September 12, 2017, proposed rule, Response Act of 2006, MSHA is
protected. Staying the effective date of which was limited to delaying the rule’s amending parts 56 and 57 as follows:
the January 2017 rule is necessary so effective date to ensure compliance PART 56—SAFETY AND HEALTH
that the diverse MNM mining industry readiness. STANDARDS—SURFACE METAL AND
is provided the educational, technical, NONMETAL MINES
and compliance assistance to ensure III. Conclusion
miners’ safety and health and to comply Having given due consideration to all ■ 1. The authority citation for part 56
with final rule requirements. The comments received, MSHA has continues to read as follows:
diversity in the MNM mining industry determined that it is appropriate to stay
relates not only to commodities Authority: 30 U.S.C. 811.
the effective date until June 2, 2018, and
produced at mines and mills, but also to reinstate the workplace examinations § 56.18002 [Stayed]
differences for small and large mines in rules that were in effect as of October 1,
complying with the final rule. Based on 2017. The stay will address ■ 2. Section 56.18002 is stayed until
data reported to MSHA, 90 percent of June 2, 2018.
commenters’ concerns regarding
over 11,000 MNM mines employ fewer
sufficient time for MSHA to fully inform ■ 3. Section 56.18002T is added until
than 20 miners and almost all (98
and educate the mining community on June 2, 2018 to read as follows:
percent) are surface mines.
the rule’s requirements. A June 2, 2018,
Since most MNM mines are small § 56.18002T Examination of working
effective date provides more time and
operations, MSHA recognizes that they places.
flexibility for MSHA to complete
have limited staff, including limited
development of compliance assistance (a) A competent person designated by
administrative staff, as well as limited
materials and make them available to the operator shall examine each working
resources, and many are located in
remote areas. These small mines may stakeholders, hold informational place at least once each shift for
have limited access or no access to the meetings for stakeholders and conduct conditions which may adversely affect
internet at the mine site and may rely compliance assistance visits at MNM safety or health. The operator shall
on stakeholder meetings and other types mines throughout the country. In promptly initiate appropriate action to
of MSHA assistance to acquire addition, the extension will permit more correct such conditions.
informational materials needed to time for MSHA to address issues that (b) A record that such examinations
comply with the rule. In MSHA’s have been or may be raised during were conducted shall be kept by the
experience with previous changes to quarterly training calls and upcoming operator for a period of one year, and
metal and nonmetal standards and stakeholder meetings and compliance shall be made available for review by
regulations, outreach to these small assistance visits and to train MSHA the Secretary or his authorized
mine operators requires MSHA to be inspectors to help ensure consistency in representative.
flexible regarding different approaches MSHA enforcement. MSHA has (c) In addition, conditions that may
that may be needed and regarding the determined that the educational, present an imminent danger which are
time necessary to ensure that all miners technical, and compliance assistance noted by the person conducting the
and mine operators have the tools and that will be provided to mine operators examination shall be brought to the
the information to comply with the rule. and miners during the period of the immediate attention of the operator who
MSHA has concluded that miners are stayed effective date will enhance their shall withdraw all persons from the area
better protected when operators and understanding of the rule’s affected (except persons referred to in
miners are provided needed requirements, thereby increasing section 104(c) of the Federal Mine
informational and instructional protections for miners. Safety and Health Act of 1977) until the
materials and training and technical For the foregoing reasons, MSHA has danger is abated.
assistance regarding the rule’s concluded that it is appropriate to stay
requirements. The stayed effective date PART 57—SAFETY AND HEALTH
the effective date until June 2, 2018.
to June 2, 2018 provides MSHA the STANDARDS—UNDERGROUND
flexibility the Agency needs to promote Accordingly, the effective date of the METAL AND NONMETAL MINES
compliance, thereby increasing final rule published January 23, 2017
protections for miners. (82 FR 7680), delayed on May 22, 2017 ■ 4. The authority citation for part 57
Further, staying the January 2017 rule (82 FR 23139), is stayed until June 2, continues to read as follows:
without also reinstating the provisions 2018. The standards that were in effect
Authority: 30 U.S.C. 811.
that were in effect as of October 1, 2017, as of October 1, 2017, are reinstated.
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would leave miners unprotected. § 57.18002 [Stayed]
List of Subjects in 30 CFR Parts 56 and
Reinstatement without delay is 57 ■ 5. Section 57.18002 is stayed until
necessary to continue historical June 2, 2018.
protection of metal and nonmetal Metals, Mine safety and health,
miners through workplace Reporting and recordkeeping ■ 6. Section 57.18002T is added until
examinations. requirements. June 2, 2018 to read as follows:

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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46413

§ 57.18002T Examination of working SUPPLEMENTARY INFORMATION: to MM 597.0. The duration of the
places. special local regulation is intended to
I. Table of Abbreviations
(a) A competent person designated by ensure the safety of waterway users and
the operator shall examine each working CFR Code of Federal Regulations these navigable waters before, during,
place at least once each shift for COTP Captain of the Port Sector Ohio and after the scheduled event. No vessel
conditions which may adversely affect Valley or person is permitted to enter the
DHS Department of Homeland Security
safety or health. The operator shall FR Federal Register special local regulated area without
promptly initiate appropriate action to NPRM Notice of proposed rulemaking obtaining permission from the COTP.
correct such conditions. § Section V. Regulatory Analyses
(b) A record that such examinations U.S.C. United States Code
were conducted shall be kept by the We developed this rule after
II. Background Information and
operator for a period of one year, and considering numerous statutes and
Regulatory History
shall be made available for review by Executive orders related to rulemaking.
the Secretary or his authorized The Coast Guard is issuing this Below we summarize our analyses
representative. temporary final rule without prior based on a number of these statutes and
(c) In addition, conditions that may notice and opportunity to comment Executive orders, and we discuss First
present an imminent danger which are pursuant to authority under section 4(a) Amendment rights of protestors.
noted by the person conducting the of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision A. Regulatory Planning and Review
examination shall be brought to the
immediate attention of the operator who authorizes an agency to issue a rule Executive Orders 12866 and 13563
shall withdraw all persons from the area without prior notice and opportunity to direct agencies to assess the costs and
affected (except persons referred to in comment when the agency for good benefits of available regulatory
section 104(c) of the Federal Mine cause finds that those procedures are alternatives and, if regulation is
Safety and Health Act of 1977) until the ‘‘impracticable, unnecessary, or contrary necessary, to select regulatory
danger is abated. to the public interest.’’ Under 5 U.S.C. approaches that maximize net benefits.
553(b)(B), the Coast Guard finds that Executive Order 13771 directs agencies
[FR Doc. 2017–21594 Filed 10–3–17; 4:15 pm]
good cause exists for not publishing a to control regulatory costs through a
BILLING CODE 4520–43–P
notice of proposed rulemaking (NPRM) budgeting process. This rule has not
with respect to this rule because it is been designated a ‘‘significant
impracticable. We must establish this regulatory action,’’ under Executive
DEPARTMENT OF HOMELAND Special Local Regulation by October 7, Order 12866. Accordingly, this rule has
SECURITY 2017 and lack sufficient time to provide not been reviewed by the Office of
a reasonable comment period and then Management and Budget (OMB), and
Coast Guard consider those comments before issuing pursuant to OMB guidance it is exempt
the rule. from the requirements of Executive
33 CFR Part 100 Under 5 U.S.C. 553(d)(3), the Coast
Order 13771.
[Docket Number USCG–2017–0875] Guard finds that good cause exists for
making this rule effective less than 30 This regulatory action determination
RIN 1625–AA08 days after publication in the Federal is based on the size, location, duration,
Register. Delaying the effective date of and time-of-day of the special local
Special Local Regulation; Ohio River, this rule would be contrary to the public regulation. Entry into the regulated area
Louisville, KY interest because immediate action is will be prohibited from 11 a.m. to 5 p.m.
necessary to prevent possible loss of life on October 7 and 11 a.m. to 4 p.m. on
AGENCY: Coast Guard, DHS. October 8 from MM 595.0 to MM 597.0,
and property.
ACTION: Temporary final rule. unless authorized by the Captain of the
III. Legal Authority and Need for Rule Port Sector Ohio Valley (COTP) or a
SUMMARY: The Coast Guard is designated representative. Moreover, the
establishing a special local regulation The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The Coast Guard will issue written Local
for all navigable waters of the Ohio Notice to Mariners and Broadcast Notice
River from mile marker (MM) 595.0 to Captain of the Port Sector Ohio Valley
(COTP) has determined that potential to Mariners via VHF–FM marine
MM 597.0. This action is necessary to channel 16 about the temporary special
provide for the safety of life on these hazards associated with a regatta from
11 a.m. on October 7, 2017 through 4 local regulation that is in place.
navigable waters near Louisville, KY,
during a regatta. Entry into, transiting p.m. on October 8, 2017 will present a B. Impact on Small Entities
through, or anchoring within this safety concern on all navigable waters
on the Ohio River extending from mile The Regulatory Flexibility Act of
regulated area is prohibited unless 1980, 5 U.S.C. 601–612, as amended,
authorized by the Captain of the Port marker (MM) 595.0 to MM 597.0. The
purpose of this rule is to ensure the requires Federal agencies to consider
Sector Ohio Valley (COTP) or a the potential impact of regulations on
designated representative. safety of life and vessels on these
navigable waters before, during, and small entities during rulemaking. The
DATES: This rule is effective from 11 term ‘‘small entities’’ comprises small
after the scheduled event.
a.m. on October 7, 2017 through 4 p.m. businesses, not-for-profit organizations
on October 8, 2017. IV. Discussion of the Rule that are independently owned and
This rule establishes a temporary operated and are not dominant in their
ethrower on DSK3G9T082PROD with RULES

FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or special local regulation that will be fields, and governmental jurisdictions
email MST1 Kevin Schneider, enforced from 11 a.m. to 5 p.m. on with populations of less than 50,000.
Waterways Department Sector Ohio October 7 and 11 a.m. to 4 p.m. on The Coast Guard certifies under 5 U.S.C.
Valley, U.S. Coast Guard; telephone October 8. The temporary special local 605(b) that this rule will not have a
502–779–5333, email regulation will cover all navigable significant economic impact on a
Kevin.L.Schneider@uscg.mil. waters of the Ohio River from MM 595.0 substantial number of small entities.

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Document Created: 2017-10-05 00:53:39
Document Modified: 2017-10-05 00:53:39

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		Rules and Regulations
Action		Final rule; stay of effective date; reinstatement of rules.
Dates		As of October 5, 2017, 30 CFR 56.18002 and 57.18002 are stayed until June 2, 2018, and 30 CFR 56.18002T and 57.18002T are added until June 2, 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).
FR Citation		82 FR 46411
RIN Number		1219-AB87
CFR Citation		30 CFR 56 30 CFR 57
CFR Associated		Metals; Mine Safety and Health and Reporting and Recordkeeping Requirements

82 FR 46411 - Examinations of Working Places in Metal and Nonmetal Mines

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

DEPARTMENT OF LABOR
Mine Safety and Health Administration