83 FR 15055 - Examinations of Working Places in Metal and Nonmetal Mines
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 83, Issue 68 (April 9, 2018)
Mine Safety and Health Administration
Federal Register Volume 83, Issue 68 (April 9, 2018)
| Page Range | 15055-15065 | |
| FR Document | 2018-07084 |
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)] [Rules and Regulations] [Pages 15055-15065] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07084] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: On January 23, 2017, the Mine Safety and Health Administration published a final rule (January 2017 rule) amending provisions regarding examinations of working places in metal and nonmetal mines which were later stayed. MSHA is further amending the affected provisions following expiration of the stay. These additional amendments provide mine operators additional flexibility in managing their safety and health programs and reduces regulatory burdens without reducing the protections afforded miners. A document announcing stakeholder meetings is published concurrently with this rule in the Federal Register. DATES: Effective 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 (fax). These are not toll-free numbers. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Regulatory History B. Executive Orders 12866, 13563, and 13771 Summary II. Regulatory Procedures III. Section-by-Section Analysis IV. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review; and Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs [[Page 15056]] V. Feasibility VI. Regulatory Flexibility Analysis and Small Business Regulatory Enforcement Fairness Act and Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking VII. Paperwork Reduction Act of 1995 VIII. Other Regulatory Considerations Availability of Information Federal Register Publications: Access rulemaking documents electronically at http://www.msha.gov/regsinfo.htm or http://www.regulations.gov [Docket Number: MSHA-2014-0030]. Obtain a copy of a rulemaking document from the Office of Standards, Regulations, and Variances, MSHA, by request to 202-693-9440 (voice) or 202-693-9441 (facsimile). (These are not toll-free numbers.) Email Notification: MSHA maintains a list that enables subscribers to receive an email notification when the Agency publishes rulemaking documents in the Federal Register. To subscribe, go to http://www.msha.gov/subscriptions/subscribe.aspx. I. Introduction Under the Federal Mine Safety and Health Act of 1977 (Mine Act), mine operators, with the assistance of miners, have the primary responsibility to prevent the existence of unsafe and unhealthful conditions and practices. Operator compliance with safety and health standards and implementation of safe work practices provide a substantial measure of protection against hazards that cause accidents, injuries, and fatalities. Effective working place examinations are a fundamental accident prevention tool used by operators of metal and nonmetal (MNM) mines. They allow operators to identify and correct adverse conditions that may affect the safety and health of miners and violations of safety and health standards before they cause injury or death to miners. MSHA's final rule makes changes to Sec. Sec. 56.18002(a) and 57.18002(a), Sec. 56.18002(b) and (c), and Sec. 57.18002(b) and (c) as amended by the Agency's final rule on examinations of working places that was published on January 23, 2017 (January 2017 rule) (82 FR 7680 at 7695). MSHA's changes to Sec. Sec. 56.18002(a) and 57.18002(a) require that a competent person examine each working place at least once each shift before work begins, or as miners begin work in that place, for conditions that may adversely affect safety or health. This final rule also amends Sec. Sec. 56.18002(b) and 57.18002(b) to require that the working place examination record include a description of each condition found that may adversely affect the safety or health of miners and is not corrected promptly. Lastly, MSHA's final rule makes a conforming change and amends Sec. Sec. 56.18002(c) and 57.18002(c) to require that when a condition that may adversely affect the safety or health of miners is not corrected promptly, the examination record shall include, or be supplemented to include, the date of the corrective action. This final rule does not address longstanding concepts, definitions in existing MNM standards, and clarifications related to competent person, working place, promptly, and adverse conditions, as noted in the preamble to the January 2017 rule. After consideration of comments received on the September 12, 2017 notice of proposed rulemaking, the Agency concludes that the final rule will reduce the regulatory burden and increase flexibility for mine operators without reducing protections for miners and is consistent with the Administration's initiatives to reduce and control regulatory costs. A. Regulatory History On January 23, 2017, MSHA published a final rule, Examinations of Working Places in Metal and Nonmetal Mines, amending the Agency's standards for the examinations of working places in MNM mines, 30 CFR 56.18002 and 57.18002 (82 FR 7680). The January 2017 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). On October 5, 2017, MSHA published a final rule that stayed the amendment from the January 2017 rule until June 2, 2018 (82 FR 46411). Also, the October 5, 2017 final rule reinstated, as 30 CFR 56.18002T and 57.18002T, the provisions of the working place examination standards that were in effect as of October 1, 2017; these temporary provisions expire June 2, 2018 (82 FR 46411). (Sections 56.18002T and 57.18002T are subsequently referenced in this document as the ``standards in effect''.) Also, on September 12, 2017, MSHA proposed a limited reopening of the rulemaking record for the January 2017 rule and proposed amendments to the January 2017 rule. The proposed changes that MSHA published for comment were limited to: (1) When working place examinations must begin; and (2) the adverse conditions and corrective actions that must be included in the working place examinations record (82 FR 42757). Specifically, MSHA proposed amending the introductory text of Sec. Sec. 56.18002(a) and 57.18002(a) to require that an examination of a working place be conducted before work begins, or as miners begin work in that place. The Agency also proposed amending Sec. Sec. 56.18002(b) and (c) and 57.18002(b) and (c) to require that the examination record include descriptions of adverse conditions that are not corrected promptly, and the dates of corrective action. MSHA held 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 proposed changes. These hearings were held in Arlington, Virginia; Salt Lake City, Utah; Birmingham, Alabama; and Pittsburgh, Pennsylvania. The comment period for the proposed limited changes closed on November 13, 2017. B. Executive Orders 12866, 13563, and 13771 Summary Based on its evaluation of the costs and benefits, MSHA has determined that this final rule will not have an annual effect of $100 million or more on the economy and, therefore, will not be an economically significant regulatory action pursuant to section 3(f) of Executive Order (E.O.) 12866. MSHA estimates that the total undiscounted costs (using 2016 dollars) of the final rule over a 10- year period will be approximately -$276 million, -$235.4 million at a 3 percent rate, and -$193.8 million at a 7 percent rate. The same annual cost savings occur in each of the 10 years so the cost annualized over 10 years will be approximately -$27.6 million for all discount rates. This final rule is an E.O. 13771 deregulatory action. Negative cost values are cost savings that result in a positive net benefit. MSHA estimates that this final rule results in annual cost savings of $27.6 million. Details on the estimated cost savings of this final rule can be found in the rule's economic analysis. II. Regulatory Procedures On October 5, 2017, MSHA published a final rule staying the amendments from the January 2017 rule and temporarily reinstating the working place examinations standards that were in effect as of October 1, 2017, until June 2, 2018 (82 FR 46411). MSHA is confirming that both the stay and temporary provisions expire June 2, 2018. [[Page 15057]] III. Section-by-Section Analysis After further review of the rulemaking record in the September 12, 2017 Federal Register notice of proposed rulemaking, MSHA requested comments and information from the mining community only on the limited changes in the proposed rule--that is the timing of the working place examination and the recording of adverse conditions and corrective action dates in the examination record--and how these proposed changes may affect the safety and health of miners. MSHA also solicited comments on cost and benefit estimates presented in the preamble to the proposed rule and on the data and assumptions the Agency used to develop these estimates. This included the Agency's assumptions on the number of instances adverse conditions are promptly corrected, and time saved by not requiring these corrected conditions to be included in the record. MSHA received many comments related to issues other than those that were proposed. For example, commenters indicated that amendments to standards in effect are not needed or are not justified. Many stated the working place examination standards in effect which have been in effect since 1979 are sufficient and effective in identifying and correcting conditions that may adversely affect the safety and health of miners and in reducing accidents and injuries in the work place. In some cases, commenters suggested alternatives that included, for example, better mine and miner training, and work place inspection programs and plans. MSHA has not considered or addressed comments on issues other than those proposed because they are outside the scope of this rulemaking. The Agency's purpose for the limited reopening of the rulemaking record for the January 2017 rule, and for issuing a proposed rule, was to reconsider issues related to the timing of the examination and the recording of adverse conditions and corrective actions in the examination record. Many commenters generally indicated that the changes in the proposed rule were improvements to the January 2017 rule, but several expressed concerns that the proposal did not go far enough in reducing mine operators' regulatory and cost burdens. Some also maintained that the proposal would not increase miners' protections at MNM mines, but would increase mine operators' administrative and paperwork burdens. One commenter stated that the proposed changes offer additional flexibility for operators to manage their safety and health programs more efficiently, while reducing burden without compromising miners' safety and health. MSHA agrees that the proposed changes to the January 2017 rule would reduce mine operators' burdens without compromising the safety and health of miners. Under the final rule, like the proposal, mine operators will have more flexibility on when to conduct their working place examinations. Furthermore, compared to the January 2017 rule, the examination record will be less burdensome for operators since only those adverse conditions that are not corrected promptly, and dates of corrective actions for those conditions, must be included in the record. MSHA concludes that the final rule changes will reduce the regulatory burden and provide operators flexibility, without reducing the safety and health protections afforded miners. A. Before Work Begins or as Miners Begin Work This final rule, consistent with the proposed rule, amends the introductory text of Sec. Sec. 56.18002(a) and 57.18002(a) and requires a competent person to examine each working place at least once each shift before work begins or as miners begin work in that place for conditions that may adversely affect safety or health. This final rule amends the January 2017 provisions to allow miners to enter a working place at the same time that the competent person conducts the examination. The January 2017 rule required the examination of each working place to be conducted before miners begin work in that place. Many commenters, including some who stated the proposed change to the timing of the examination is an improvement, stated that the proposed rule continues to unnecessarily constrain when operators can conduct their examinations. The reasons commenters gave included that shifts vary and that circumstances and conditions often change during the shift. Some commenters expressed concern that operators need flexibility to conduct examinations at any time during the shift as circumstances dictate, particularly to address changing conditions and hazards that can occur at any time throughout the shift. One of these commenters stated that requiring work place exams to be performed before miners begin working implicitly means that exams would take place before conditions start to change. One commenter commented that, generally, it is a good practice to conduct the exam before anybody enters the work area, whether at the start of the shift or later in the day. This same commenter acknowledged that unsafe conditions can occur throughout the shift and that operators are not relieved from their ongoing obligation to provide a safe and healthy work environment under the Mine Act simply because a work place exam was done. Another commenter stated that the industry's existing practice of conducting these examinations during the shift constitutes a best safety practice. According to the commenter, operators know their work processes best, and are in the best position to tailor their examination practices to occur at a time that would provide the maximum safety benefit to miners. The majority of commenters expressed their support for retaining the standards in effect which, as previously noted in this preamble, is not within the scope of this rulemaking. In response to commenters' concerns, MSHA does not believe this final rule restricts operators' ability to conduct their examinations, or restricts their ability to conduct as many examinations as they need, depending on work place conditions. The final rule provides operators more flexibility in scheduling examinations than the January 2017 rule. Rather than requiring that examinations occur only before work begins in a working place, the final rule provides the option for a competent person to perform the examination at the same time that miners begin working in that place. With this option available, operators will be better able to manage work schedules to comply with examination requirements without incurring additional costs and burden. In addition, MSHA recognizes that mining operations have dynamic work environments where conditions are always changing. For that reason, mine operators and miners need to be aware of conditions that may occur at any time that could affect the safety and health of miners. The final rule requires that examinations be conducted at least once per shift before work begins or as miners begin work in that place. As a best practice, operators should perform examinations, consistent with what one commenter stated, to identify and correct adverse conditions as they occur throughout the shift. Other commenters indicated that their companies' practices already include work place examinations that continue during the shift. Furthermore, as stated in the preamble to the January 2017 rule, MSHA acknowledges that for mines with consecutive shifts or those that operate on a 24-hour, 365-day basis, it may be appropriate to conduct the examination for the next shift at the end [[Page 15058]] of the previous shift (82 FR 7683). In these cases, MSHA will continue to permit mine operators to conduct an examination on the previous shift. However, as MSHA stated in the January 2017 rule, because conditions at mines can change, operators should examine at a time sufficiently close to the start of the next shift to minimize miners' potential exposure to conditions that may adversely affect their safety or health. One commenter noted that the change in the proposed rule to allow workers to enter an area at the same time as the competent person does not consider the geographic differences between surface and underground mines and how surface mine supervision differs between the two. The commenter explained that in many cases, due to the geographic locations of crews starting at a surface mine, a competent person would not be able to examine all areas of the mine where several crews of miners would be starting work at the same time. As indicated in the preamble to the January 2017 rule, it is not MSHA's intent that the mine operator examine the entire mine, unless work is beginning in the entire mine. An examination is only required in those areas where work will be performed. If miners are not scheduled for work in a particular area or place at the mine, that place does not need to be examined. MSHA also recognizes that there are mines where several crews start work at the same time in different areas of the mine. The competent person designation is not restricted to supervisors and foremen. If designated by the operator as having the required experience and ability, a non-supervisory miner on the crew starting work also may be ``competent'' to conduct the examination. MSHA believes that existing requirements for competent persons provide flexibility for operators while requiring the level of competency necessary to conduct adequate examinations. Some commenters did not support the proposed changes stating that allowing examinations as miners begin work in a potentially hazardous area would be less protective than the January 2017 amendments; one commenter stated the proposed revision is contrary to Section 101(a)(9) of the Mine Act. The commenters supported implementing the January 2017 requirement that the examination must occur before miners begin work in a working place. One commenter further questioned how sending miners into their work place before an examination has been conducted can be safer than identifying those hazards beforehand, correcting them, and informing the miners of such hazards before they begin their work. This commenter stated that examinations are particularly effective in the discovery and correction of hazardous conditions and practices before they lead to injuries or fatalities, that is, if they are conducted before miners are exposed. The commenter further stated the standard should not be changed to allow examinations after miners are already exposed. Another commenter did not support the changes, describing them as cutbacks in safety regulations, stating that lives will be lost and that the money saved is insignificant. While this final rule allows miners to enter a working place at the same time a competent person examines for adverse conditions, as stated in the preamble to the January 2017 rule, MSHA intends for adverse conditions to be identified and miner notification provided before miners are potentially exposed to the conditions. Under this final rule, a competent person will identify adverse conditions that can be corrected promptly and the operator will be responsible for correcting them. Miners will be promptly notified of adverse conditions found that cannot be corrected promptly, and operators will be required to include them in the examination record. This final rule, like the January 2017 rule, will promote early identification and improve communication of adverse conditions. MSHA believes that prudent operators will correct many adverse conditions as competent persons perform examinations, or as soon as possible after the completion of examinations. For these reasons, MSHA concludes that the requirements in this final rule are as protective as those in the January 2017 rule. Under this final rule, adverse conditions will be identified and miners will be notified of those adverse conditions that are not promptly corrected, before they are potentially exposed. Also, this final rule, like the January 2017 rule, does not require a specific time frame for the examination to be conducted. However, whether conducted before work begins in a working place or as work begins in that place, the examination should be conducted within a time frame sufficient to assure any adverse conditions would be identified before miners are potentially exposed. Some commenters supported the option to allow examinations to be performed as miners begin work in a working place. One commenter noted that it is best to train miners to perform examinations of their own working areas, and thus appropriate to allow examinations as they begin work. Another commenter stated that the change would maintain safe working conditions and provide sufficient flexibility for operators to conduct an examination while not interrupting the transition of shifts. This commenter pointed out that if only a pre-shift exam were required, as in the January 2017 rule, the start of the shift would be delayed to provide time for completion of the exam and communication of adverse conditions, or require personnel to arrive before the shift, resulting in overtime pay and/or delay of work. The final rule allows mine operators to perform examinations at the same time miners begin work. This provides operators with additional flexibility in scheduling working place examinations. B. Record of Adverse Conditions Sections 56.18002(b) and 57.18002(b), like the proposal, require mine operators to make a record of the working place examination and to include, among other information, a description of each condition found that may adversely affect the safety or health of miners that is not corrected promptly. The January 2017 rule required that each adverse condition be listed in the examination record. This final rule reduces the mine operator's recordkeeping burden by requiring that the examination record include only a description of each adverse condition that is not corrected promptly. A similar conforming change to Sec. Sec. 56.18002(c) and 57.18002(c) requires that the examination record include the dates of corrective actions for only those adverse conditions that are not corrected promptly. In response to comments, the Agency concludes that providing a mine operator an exception to the recordkeeping requirement for conditions that are corrected promptly provides increased incentive to correct conditions promptly, without reducing protections for miners' safety and health. The Agency also believes that this action will likely result in operators' correcting adverse conditions more quickly, and thereby improving protections for miners. Consistent with the explanation in the preamble to the January 2017 rule regarding miner notification requirements in Sec. Sec. 56.18002(a)(1) and 57.18002(a)(1), MSHA interprets promptly to mean before miners are potentially exposed to adverse conditions. In the preamble, MSHA stated that if adverse conditions in the work area are corrected before miners are potentially exposed, notification is [[Page 15059]] not necessary because no miners are exposed to the adverse conditions. Similarly, an adverse condition that is corrected promptly no longer presents a danger to miners, and a description of the adverse condition would not be required as part of the examination record. Similarly, if an adverse condition is not promptly corrected, the mine operator must notify miners and record it in the examination record. In addition, the purpose of the working place examinations rulemaking is to ensure that adverse conditions will be timely identified, communicated to miners, and corrected, thereby improving miners' safety and health. This final rule reduces the mine operator's recordkeeping burden but does not reduce the protections afforded miners under the January 2017 rule. Consistent with industry best practices, and with comments, MSHA recognizes that prudent mine operators routinely correct many adverse conditions during the examination, or as soon as possible after the completion of the working place examination, and that the corrective action may be taken by the competent person or someone else. For these reasons, the final rule requires the mine operator to record only those conditions that are not promptly corrected and that may expose miners to adverse conditions affecting their safety and health. In the preamble to the January 2017 rule, MSHA explained that recording all adverse conditions, even those that are corrected promptly, would be useful in identifying trends and areas that could benefit from an increased safety emphasis. While this may be true, MSHA also believes that a recording exception for adverse conditions that are corrected promptly will yield as much or more in safety benefits, because it encourages prompt correction of adverse conditions. Some commenters opposed the proposed changes to the examination record provisions and expressed their support for implementing requirements of the January 2017 rule. These commenters suggested that all adverse conditions identified during a working place examination must be recorded to encourage mine operators to explore the possible causes of those conditions and to take appropriate corrective actions. Consistent with the purpose of the January 2017 rule, amending Sec. Sec. 56.18002(b) and 57.18002(b) reduces the mine operator's burden in recording each adverse condition and encourages prompt correction by requiring that the record include only those conditions that are not corrected promptly and may affect the safety and health of miners. Most commenters, however, were generally receptive to the proposed changes to the examination record requirements. They expressed that the changes were an improvement over the January 2017 rule and provided more flexibility for operators. Some noted that many adverse conditions are found and corrected during the examination. Others pointed out that requiring all adverse conditions be recorded in the examination record would overwhelm the record with minor housekeeping issues, and the proposed change would reduce the regulatory burden on the operator. Another commenter stated that removing the requirement to record all adverse conditions will provide an incentive for operators to take corrective actions immediately. MSHA agrees with these commenters and concludes that requiring mine operators to record only those adverse conditions that are not corrected promptly is as protective as the January 2017 rule. When a mine operator is not required to record an adverse condition which is corrected promptly in the examination record, the mine operator is incentivized to correct these conditions. Many commenters suggested that MSHA revise the examination record requirement to include only those adverse conditions not corrected during the shift, instead of the proposed requirement to include those not corrected promptly. They articulated that the reason for the record is to document adverse conditions that were not corrected timely and still need to be corrected. Some indicated that their recommended exception is consistent with the requirement that the mine operator make the record before the end of the shift. Recording adverse conditions that are not corrected promptly, rather than those corrected anytime during the shift as suggested by commenters, provides increased incentive for the mine operator to correct the adverse conditions sooner and reduces the risk of accidents, injuries, or illnesses. MSHA's change to the examination record requirements will reduce the operators' regulatory burden, while continuing to provide equivalent protection to miners' safety and health. IV. Executive Order 12866: Regulatory Planning and Review; Executive Order 13563: Improving Regulation and Regulatory Review; and Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs Executive Orders (E.O.) 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. E.O. 13771 directs agencies to reduce regulation and control regulatory costs by eliminating at least two existing regulations for each new regulation, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. This final rule is an E.O. 13771 deregulatory action. MSHA believes that this rule reflects industry best practices and the estimated cost savings will likely be realized. As discussed in this section, MSHA estimates that this final rule results in annual cost savings of $27.6 million.\1\ --------------------------------------------------------------------------- \1\ Except where noted, the analysis presents all dollar values using 2016 dollars. --------------------------------------------------------------------------- Under E.O. 12866, MSHA must determine whether a regulatory action is ``significant'' and subject to review by OMB. Section 3(f) of E.O. 12866 defines a ``significant regulatory action'' as an action that is likely to result in a rule: (1) Having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities (also referred to as ``economically significant''); (2) creating serious inconsistency or otherwise interfering with an action taken or planned by another agency; (3) materially altering the budgetary impacts of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Based on its evaluation of the costs and benefits, MSHA has determined that this final rule will not have an annual effect of $100 million or more on the economy and, therefore, will not be an economically significant regulatory action pursuant to section 3(f) of E.O. 12866. A. Affected Employees and Revenue Estimates The final rule applies to all MNM mines in the United States. In 2016, there were approximately 11,624 MNM mines employing 140,631 miners, [[Page 15060]] excluding office workers, and 69,004 contractors working at MNM mines. Table 1 presents the number of MNM mines and employment by mine size. Table 1--MNM Mines and Employment in 2016 ------------------------------------------------------------------------ Total employment at mines, Mine size Number of mines excluding office workers ------------------------------------------------------------------------ 1-19 Employees.................. 10,428 52,703 20-500 Employees................ 1,174 71,257 501+ Employees.................. 22 16,671 Contractors..................... .................. 69,004 --------------------------------------- Total....................... 11,624 209,635 ------------------------------------------------------------------------ Source: MSHA MSIS Data (reported on MSHA Form 7000-2) June 6, 2017. The U.S. Department of the Interior (DOI) estimated the value of the U.S. mining industry's MNM output in 2016 to be $74.6 billion.\2\ Table 2 presents the hours worked and revenue produced at MNM mines by mine size. --------------------------------------------------------------------------- \2\ Revenue estimates are from U.S. Geological Survey, 2017, Mineral Commodity Summaries 2017: U.S. Geological Survey, 202 pages, https://doi.org/10.3133/70180197, p. 9. Table 2--MNM Total Hours and Revenues in 2016 ------------------------------------------------------------------------ Revenue (in Mine size Total hours millions of reported for year dollars) ------------------------------------------------------------------------ 1-19 Employees.................. 89,901,269 $22,289 20-500 Employees................ 153,459,578 40,920 501+ Employees.................. 35,396,747 11,390 --------------------------------------- Total....................... 278,757,594 74,600 ------------------------------------------------------------------------ Source: MSHA MSIS Data (total hours worked at MNM mines reported on MSHA Form 7000-2) and estimated DOI reported mining revenues for 2016. MSHA distributed the totals to mine size using employment and hours data. B. Baseline MSHA estimated that the January 2017 rule would have resulted in $34.5 million in annual costs for the MNM industry. The Agency estimated that the total undiscounted cost over 10 years would have been $345.1 million; at a 3 percent discount rate, $294.4 million; and at a 7 percent discount rate, $242.4 million. For the January 2017 rule, MSHA estimated costs associated with conducting an examination before miners begin work, the additional time to make a record, and providing miners' representatives a copy of the record. In the preamble to the January 2017 rule, MSHA concluded that MNM mine operators will use a variety of scheduling methods to conduct an examination of a working place before miners begin work (82 FR 7690). In addition, MSHA considered the following variables: (1) Percent of mine operators currently conducting workplace examinations before miners begin work; (2) number of shifts by mine size; (3) average time to conduct a workplace examination by mine size; (4) hourly wage rate; and (5) number of days a mine operates, on average, by mine size. The hourly wage rate used in MSHA's analysis assumes an average rate for all MNM mines. Like the January 2017 rule, wage rates for this final rule are from the U.S. Department of Labor's Bureau of Labor Statistics (BLS), Occupation Employment Statistics (OES). For this final rule, MSHA applied 2016 wage and employment data to the January 2017 rule cost estimate to calculate a baseline. In the January 2017 rule, MSHA estimated that a mine operator would pay overtime for a competent person to arrive before the shift begins to conduct the working place examination. MSHA also estimated the cost for overtime as time and a half (52.92/hr = $35.28 x 1.5). MSHA retained the calculations and assumptions used in the January 2017 rule to conduct the examination before miners begin work. The revised annual cost base is $27.6 million, or an approximate $0.7 million increase. The updated annual cost consists of:$5.13 million = 10,428 mines with 1-19 employees x 15 percent x 20 minutes x 1 hr/60 min x $52.92 wage x 1.1 shifts per day x 1 exam x 169 workdays per year; $20.72 million = 1,174 mines with 20-500 employees x 65 percent x 1 hour x $52.92 wage x 1.8 shifts per day x 1 exam x 285 workdays per year; and $1.75 million = 22 mines with 501+ employees x 85 percent x 2.5 hours x $52.92 wage x 2.2 shifts per day x 1 exam x 322 workdays per year. In the January 2017 rule, MSHA estimated the cost of making a record of each examination before the end of the shift for which the examination was conducted. MSHA retained the calculations and assumptions used for this cost estimate (82 FR 7691). The revised annual cost base, which was updated for wage inflation and final 2016 data on the number of mines in operation, is $7.516 million, an approximate $216,000 increase. The updated annual cost consists of: $5.70 million = 10,428 mines with 1-19 employees x 1.1 shift per day x 1 exam record x 169 workdays per year x 5 additional minutes x 1 hr/60 min x $35.28 per hour; $1.77 million = 1,174 mines with 20-500 employees x 1.8 shifts per day x 1 exam record x 285 workdays per year x 5 additional minutes x 1 hr/60 min x $35.28 per hour; and $45,816 = 22 mines with 501+ employees x 2.2 shifts per day x 1 exam record x 322 workdays per year x 5 [[Page 15061]] additional minutes x 1 hr/60 min x $35.28 per hour. MSHA also retained the calculations and assumptions used to estimate the costs of making a copy of the examination record and providing it to miners' representatives. The annual costs, which were also updated for wage inflation and the number of mines in operations, consist of: $137,121 = 10,428 mines with 1-19 employees x 10 percent x 1.1 shifts per day x 169 workdays per year x ((1 minute x $24.44 per hour) + $0.30 copy costs); $213,000 = 1,174 mines with 20-500 employees x 50 percent x 1.8 shifts per day x 285 workdays per year x ((1 minute x $24.44 per hour) + $0.30 copy costs); and $11,024 = 22 mines with 501+ employees x 100 percent x 2.2 shifts per day x 322 workdays per year x ((1 minute x $24.44 per hour) + $0.30 copy costs). The revised annual cost base is $.361 million, an approximate $15,000 increase. C. Net Benefits Net benefits are the result of subtracting costs from benefits. As detailed in the Benefits and Compliance Cost sections below, no monetized benefits minus the cost savings of -$27.6 million results in a net benefit of $27.6 million annually undiscounted as well as the same value at discount rates of 7 and 3 percent. D. Benefits As previously stated, this final rule modifies Sec. Sec. 56.18002(a) and 57.18002(a) that required the examination be conducted before miners begin work in that place to also allow an examination to be as miners begin work in that place. In addition the final rule modifies Sec. Sec. 56.18002(b) and 57.18002(b) to require a description of each adverse condition found that is not corrected promptly. MSHA's final rule also modifies Sec. Sec. 56.18002(c) and 57.18002(c) to require that the examination record include, or be supplemented to include, the date of the corrective action for conditions that are not corrected promptly. MSHA does not believe the changes to the January 2017 rule reduce the protections afforded miners. As MSHA stated in the preamble to the January 2017 rule, the Agency was unable to separate quantifiable benefits from the January 2017 rule from those benefits attributable to conducting a workplace examination under the standards in effect. MSHA continues to anticipate, however, that there will be benefits from more effective and consistent working place examinations that help to ensure that adverse conditions will be timely identified, communicated to miners, and corrected. MSHA anticipates that the record requirements will improve accident prevention by helping mine operators identify any patterns or trends of adverse conditions and preventing these conditions from recurring. Since MSHA was unable to quantify benefits for this rulemaking, MSHA is not claiming a monetized benefit for this final rule. E. Compliance Costs The costs of this final rule are associated with conducting examinations of a working place as miners begin work in that place. For the January 2017 rule estimate, MSHA assumed that operators could have incurred overtime costs, hiring costs, or experience rescheduling costs to comply with the requirement that an examination occur before miners began work. Under this rulemaking, MSHA estimated that mine operators would not incur these costs. MSHA solicited comments, but did not receive specific data or information on the Agency's assumptions or costs saving estimate. MSHA did not change the longstanding definition related to ``competent person.'' Many commenters recognized that MSHA did not propose changing this definition and, that in many mines, miners are trained and perform as competent persons. However, other commenters considered the requirement that a competent person perform the examination to be a new cost. In addition, the standards in effect require a competent person designated by a mine operator to examine each working place at least once per shift. Therefore, requiring a competent person to perform the examination is not a new cost. Some commenters suggested that mine operators would incur other costs related to the January 2017 rule due to differences in physical mine sizes, or differences between underground and surface mining operations, and these amendments did not eliminate all of the timing costs attributable to the 2017 rule. However, these commenters did not provide MSHA sufficient data or information for the Agency to quantify the costs associated with the differences in mine size or mining operations. Further, MSHA's estimates represent averages; individual mines have costs above and below the average. The January 2017 rule also specified the contents of the examination record, which included a requirement that the record include a description of all adverse conditions found. Under this final rule, MSHA reduces the mine operators' burden by modifying the required contents of the examination record. The final rule requires that the examination record include a description of each adverse condition that is not corrected promptly, and no longer requires a record of adverse conditions that are corrected promptly. MSHA solicited information and data on the number of instances adverse conditions are promptly corrected and, on average, how much time would be saved by not requiring corrected conditions to be included in the record. MSHA did not receive data or information in response to this request; therefore, the Agency has estimated no change in costs related to the change to the recordkeeping requirements. The following table reports the published January 2017 rule costs, updates to the baseline, and the final rule's cost savings (cost reductions have a negative sign and are a cost savings). As the table reports, only the timing of the examination has a cost impact for this rulemaking. Table 3--Undiscounted Costs, Changes, and Regulatory Savings [Annual values, millions, 2016 dollars except as noted] ---------------------------------------------------------------------------------------------------------------- Total (may not Record keeping Examination sum due to timing rounding) ---------------------------------------------------------------------------------------------------------------- Costs as published in Jan. 2017 rule (published using 2015 7.64 26.88 34.51 dollars)....................................................... Changes due to updated 2016 baseline data....................... 0.24 0.72 0.95 Total revised baseline for Jan. 2017 rule....................... 7.88 27.60 35.47 [[Page 15062]] Regulatory savings of final rule (change from updated baseline, 0.00 -27.60 -27.60 negative values = cost savings)................................ ---------------------------------------------------------------------------------------------------------------- Overhead Costs MSHA did not include an overhead labor cost in the economic analysis for this final rule. It is also important to note that there is not one broadly accepted overhead rate, and the use of overhead rate to estimate the marginal costs of labor raises a number of issues that should be addressed before applying overhead costs to analyze costs of any regulation. There are several approaches to look at the cost elements that fit the definition of overhead and there are a range of overhead estimates currently used within the federal government--for example, the Environmental Protection Agency has used 17 percent,\3\ and the Employee Benefits Security Administration has used 132 percent on average.\4\ Some overhead costs, such as advertising and marketing, may be more closely correlated with output rather than with labor. Other overhead costs vary with the number of new employees. For example, rent or payroll processing costs may change little with the addition of 1 employee in a 500-employee firm, but those costs may change substantially with the addition of 100 employees. If an employer is able to rearrange current employees' duties to implement a rule, then the marginal share of overhead costs such as rent, insurance, and major office equipment (e.g., computers, printers, copiers) would be very difficult to measure with accuracy (e.g., computer use costs associated with 2 hours for rule familiarization by an existing employee). Guidance on implementing Executive Order 13771\5\ also provides general guidance that applies in this situation: --------------------------------------------------------------------------- \3\ U.S. Environmental Protection Agency, ``Wage Rates for Economic Analyses of the Toxics Release Inventory Program,'' June 10, 2002. \4\ For a further example of overhead cost estimates, please see the Employee Benefits Security Administration's guidance at https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/rules-and-regulations/technical-appendices/labor-cost-inputs-used-in-ebsa-opr-ria-and-pra-burden-calculations-august-2016.pdf. \5\ Memorandum: Implementing Executive Order 13771, Titled ``Reducing Regulation and Controlling Regulatory Costs, M-17-21'', April 5, 2017, Question 21, https://www.whitehouse.gov/the-press-office/2017/04/05/memorandum-implementing-executive-order-13771-titled-reducing-regulation. For E.O. 13771 deregulatory actions that revise or repeal recently issued rules, agencies generally should not estimate cost savings that exceed the costs previously projected for the relevant requirements, unless credible new evidence show that costs were --------------------------------------------------------------------------- previously underestimated. The cost estimate for the January 2017 rule did not include overhead. If, for this rule, MSHA had included an overhead rate when estimating the marginal cost of labor and adopted for these purposes an overhead rate of 17 percent on base wages, the overhead costs would increase cost savings from $27.6 million to $32.3 million at all discount rates, 17 percent more than costs previously projected. This increase in savings of $4.7 million is the same as the 17 percent overhead rate because all rule costs are labor costs and therefore total costs change in direct proportion to the overhead rates selected. MSHA will continue to study overhead costs to ensure regulatory costs are appropriately attributed without double counting or showing savings for concepts not previously considered as costs. Discounting Discounting is a technique used to apply the economic concept that the preference for the value of money decreases over time. In this analysis, MSHA provides cost totals at zero, 3, and 7 percent discount rates. The zero percent discount rate is referred to as the undiscounted rate. MSHA used the Excel[supreg] Net Present Value (NPV) function to determine the present value of costs and computed an annualized cost from the present value using the Excel PMT function.\6\ The negative value of the PMT function provides the annualized cost over 10 years at 3 and 7 percent discount rates using the function's end of period option. --------------------------------------------------------------------------- \6\ Office of Management and Budget, Office of Information and Regulatory Affairs, Regulatory Impact Analysis: Frequently Asked Questions, February 7, 2011. --------------------------------------------------------------------------- MSHA estimates that the total undiscounted costs of the final rule over a 10-year period will be approximately -$276 million, -$235.4 million at a 3 percent rate, and -$193.8 million at a 7 percent rate. Negative cost values are cost savings. The same annual cost savings occurs in each of the 10 years so the cost annualized over 10 years will be approximately -$27.6 million. V. Feasibility A. Technological Feasibility The final rule contains examination timing and recordkeeping requirements and is not technology-forcing. MSHA concludes that the final rule will be technologically feasible. B. Economic Feasibility MSHA established the economic feasibility of the January 2017 rule using its traditional revenue screening test--whether the yearly impacts of a regulation are less than one percent of revenues--to establish presumptively that the January 2017 rule was economically feasible for the mining community. This final rule creates a cost savings of -$27.6 million annually compared to the January 2017 rule. Although the associated revenues decreased slightly from the January 2017 rule estimate of $77.6 billion in 2015 to approximately $74.6 billion for 2016, the costs retained from the January 2017 rule of approximately $7.9 million per year remain well less than one percent of revenues and the net decrease in costs (-$27.6 million annually) is even more supportive of the Agency's conclusion. MSHA concludes that the final rule will be economically feasible for the MNM mining industry. VI. Regulatory Flexibility Analysis and Small Business Regulatory Enforcement Fairness Act and Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking In the proposed rule, Examinations of Working Places in Metal and Nonmetal Mines, MSHA requested comments on its proposed certification. MSHA has reviewed comments pursuant to the Regulatory Flexibility Act (RFA) of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA). For the RFA considerations and certification, MSHA has included [[Page 15063]] the impact of the final rule on small entities only as defined by the Small Business Administration. Based on that analysis, MSHA certifies that this final rule will not have a significant economic impact on a substantial number of small entities. The Agency, therefore, is not required to develop a final regulatory flexibility analysis. MSHA presents the factual basis for this certification below. A. Definition of a Small Mine Under the RFA, in analyzing the impact of a rule on small entities, MSHA must use the Small Business Administration's (SBA's) definition for a small entity, or after consultation with the SBA Office of Advocacy, establish an alternative definition for the mining industry by publishing that definition in the Federal Register for notice and comment. Although the description of the base costs in the Baseline section includes various mine sizes, MSHA has not established an alternative definition and, therefore, must use SBA's definition. MSHA's traditional definition of a small mine (1-19 employees) is used to assist the mining community understand MSHA's compliance cost estimates and not intended to determine the impact of the final rule on small entities, as required. On February 26, 2016, SBA's revised size standards became effective. SBA updated the small business thresholds for mining by establishing a number of different levels. MSHA used the SBA standards, definitions, and the 2017 NAICS updates for the screening analysis of the final rule. To align MSHA's data with the SBA definitions, the Agency used the largest value of total mine employment identified by total employment reported to MSHA by the mine operators, total controller employment, or total employment identified from MSHA's research. B. Factual Basis for Certification MSHA initially evaluates the impacts on small entities by comparing the estimated compliance costs of a rule for small entities in the sector affected by the rule to the estimated revenues for the affected sector. When this threshold analysis shows estimated compliance costs have been less than one percent of the estimated revenues, the Agency has concluded that it is generally appropriate to conclude that there is no significant adverse economic impact on a substantial number of small entities. Additionally, there is the possibility that a rule might have a positive economic impact. To properly apply MSHA's traditional criteria and consider the positive impact case, MSHA adjusted its traditional threshold analysis criteria to consider the absolute value of one percent rather than only the adverse case. This slight change means when the absolute value of the estimated compliance costs exceeds one percent of revenues, MSHA investigates whether further analysis is required. For small entities impacted by this final rule, MSHA used the average per mine cost savings and average revenues per mine (See Table 2) to estimate the revenue at $40.4 billion and costs savings at $17.2 million (subtracting negative costs results in a positive). As a percentage, the absolute value of the impact is approximately 0.04 percent ($17.2 million/$40.4 billion); therefore, using the threshold analysis, MSHA concludes no further analysis is required and concludes the final rule will not have a significant impact on a substantial number of small entities. Table 4 shows the estimate of impact by NAICS code. Table 4--Small Entity Impact by NAICS Code -------------------------------------------------------------------------------------------------------------------------------------------------------- Cost savings for small Small standard Number small Revenue small One percent of mines ($ Cost exceeds 1 NAICS NAICS description (maximum mines mines ($ revenues ($ millions, percent (absolute employees) millions) millions) savings are value) positive) -------------------------------------------------------------------------------------------------------------------------------------------------------- 211111.......................... Crude Petroleum and 1,250 6 16 0 0.0 No. Natural Gas Extraction. 212210.......................... Iron Ore Mining.... 750 24 1,671 17 0.3 No. 212221.......................... Gold Ore Mining.... 1,500 116 2,125 21 0.4 No. 212222.......................... Silver Ore Mining.. 250 8 155 2 0.0 No. 212230.......................... Copper, Nickel, 750 40 2,423 24 0.5 No. Lead, and Zinc Mining. 212291.......................... Uranium-Radium- 250 3 85 1 0.1 No. Vanadium Ore Mining. 212299.......................... All Other Metal Ore 750 11 205 2 0.1 No. Mining. 212311.......................... Dimension Stone 500 762 2,993 30 1.8 No. Mining and Quarrying. 212312.......................... Crushed and Broken 750 1,320 7,102 71 3.3 No. Limestone Mining and Quarrying. 212313.......................... Crushed and Broken 750 146 1,310 13 0.7 No. Granite Mining and Quarrying. 212319.......................... Other Crushed and 500 1,048 4,030 40 2.2 No. Broken Stone Mining and Quarrying. 212321.......................... Construction Sand 500 5,278 9,550 95 4.4 No. and Gravel Mining. 212322.......................... Industrial Sand 500 232 1,182 12 0.7 No. Mining. 212324.......................... Kaolin and Ball 750 9 226 2 0.1 No. Clay Mining. 212325.......................... Clay and Ceramic 500 211 1,380 14 0.9 No. and Refractory Minerals Mining. 212391.......................... Potash, Soda, and 750 8 936 9 0.1 No. Borate Mineral Mining. 212392.......................... Phosphate Rock 1,000 8 556 6 0.1 No. Mining. 212393.......................... Other Chemical and 500 46 603 6 0.3 No. Fertilizer Mineral Mining. 327310.......................... Cement 1,000 39 2,114 21 0.7 No. Manufacturing. 327410.......................... Lime Manufacturing. 750 32 985 10 0.5 No. 331313.......................... Alumina Refining 1,000 5 728 7 0.1 No. and Primary Aluminum Production. -------------------------------------------------------------------------------------------------- Grand Total (totals do not n/a................ n/a 9,352 40,374 404 17.2 No. sum due to rounding). -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 15064]] VII. Paperwork Reduction Act of 1995 The final changes due to this rulemaking are unlikely to change the number of collections or respondents in the currently approved collection 1219-0089. The recordkeeping change from the January 2017 rule may reduce the burden slightly, but MSHA concludes that any small decrease in the time needed to make the record may not be measurable. MSHA requested comments on this issue in the September 2017 proposed rule preamble (82 FR 42761). MSHA received a comment accepting the conclusion and other comments stating the requirement to record all adverse conditions was overly burdensome. MSHA revised the regulatory requirement to reduce the burden but did not receive any comments with information that would help MSHA decrease the burden estimate. MSHA concludes that the previously approved collection 1219-0089 remains representative and is not requesting any change to the burden estimate in the approved collection. VIII. Other Regulatory Considerations A. The Unfunded Mandates Reform Act of 1995 MSHA has reviewed the final rule under the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). MSHA has determined that this rule does not include any federal mandate that may result in increased expenditures by State, local, or tribal governments; nor will it increase private sector expenditures by more than $100 million (adjusted for inflation) in any one year or significantly or uniquely affect small governments. Accordingly, the Unfunded Mandates Reform Act requires no further Agency action or analysis. B. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families Section 654 of the Treasury and General Government Appropriations Act of 1999 (5 U.S.C. 601 note) requires agencies to assess the impact of Agency action on family well-being. MSHA has determined that this final rule will have no effect on family stability or safety, marital commitment, parental rights and authority, or income or poverty of families and children. Accordingly, MSHA certifies that this final rule will not impact family well-being. C. Executive Order 12630: Government Actions and Interference With Constitutionally Protected Property Rights Section 5 of E.O. 12630 requires Federal agencies to ``identify the takings implications of proposed regulatory actions . . .'' MSHA has determined that this final rule does not include a regulatory or policy action with takings implications. Accordingly, E.O. 12630 requires no further Agency action or analysis. D. Executive Order 12988: Civil Justice Reform Section 3 of E.O. 12988 contains requirements for Federal agencies promulgating new regulations or reviewing existing regulations to minimize litigation by eliminating drafting errors and ambiguity, providing a clear legal standard for affected conduct rather than a general standard, promoting simplification, and reducing burden. MSHA has reviewed this final rule and has determined that it will meet the applicable standards provided in E.O. 12988 to minimize litigation and undue burden on the Federal court system. E. Executive Order 13132: Federalism MSHA has determined that this final rule does not have federalism implications because it will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, E.O. 13132 requires no further Agency action or analysis. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments MSHA has determined that this final rule does not have tribal implications because it will not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Accordingly, E.O. 13175 requires no further Agency action or analysis. G. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use E.O. 13211 requires agencies to publish a statement of energy effects when a rule has a significant energy action that adversely affects energy supply, distribution, or use. In its January 2017 rule, MSHA reviewed the rule for its energy effects. The impact on uranium mines is applicable in this case. MSHA data show only two active uranium mines in 2016. Because this final rule will have a net cost savings, MSHA has concluded that it will not be a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Accordingly, under this analysis, no further Agency action or analysis is required. List of Subjects in 30 CFR Parts 56 and 57 Metals, Mine safety and health, Reporting and recordkeeping requirements. David G. Zatezalo, 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 of title 30 of the Code of Federal Regulations 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. 0 2. Revise Sec. 56.18002 to read as follows: Sec. 56.18002 Examination of working places. (a) A competent person designated by the operator shall examine each working place at least once each shift before work begins or as miners begin work in that place, for conditions that may adversely affect safety or health. (1) The operator shall promptly notify miners in any affected areas of any conditions found that may adversely affect safety or health and promptly initiate appropriate action to correct such conditions. (2) Conditions noted by the person conducting the examination that may present an imminent danger 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. (b) A record of each examination shall be made before the end of the shift for which the examination was conducted. The record shall contain the name of the [[Page 15065]] person conducting the examination; date of the examination; location of all areas examined; and description of each condition found that may adversely affect the safety or health of miners and is not corrected promptly. (c) When a condition that may adversely affect safety or health is not corrected promptly, the examination record shall include, or be supplemented to include, the date of the corrective action. (d) The operator shall maintain the examination records for at least one year, make the records available for inspection by authorized representatives of the Secretary and the representatives of miners, and provide these representatives a copy on request. PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND NONMETAL MINES 0 3. The authority citation for part 57 continues to read as follows: Authority: 30 U.S.C. 811. 0 4. Revise Sec. 57.18002 to read as follows: Sec. 57.18002 Examination of working places. (a) A competent person designated by the operator shall examine each working place at least once each shift before work begins or as miners begin work in that place, for conditions that may adversely affect safety or health. (1) The operator shall promptly notify miners in any affected areas of any conditions found that may adversely affect safety or health and promptly initiate appropriate action to correct such conditions. (2) Conditions noted by the person conducting the examination that may present an imminent danger 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. (b) A record of each examination shall be made before the end of the shift for which the examination was conducted. The record shall contain the name of the person conducting the examination; date of the examination; location of all areas examined; and description of each condition found that may adversely affect the safety or health of miners and is not corrected promptly. (c) When a condition that may adversely affect safety or health is not corrected promptly, the examination record shall include, or be supplemented to include, the date of the corrective action. (d) The operator shall maintain the examination records for at least one year, make the records available for inspection by authorized representatives of the Secretary and the representatives of miners, and provide these representatives a copy on request. [FR Doc. 2018-07084 Filed 4-6-18; 8:45 am] BILLING CODE 4520-43-P
![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15055
Paperwork Reduction Act DEPARTMENT OF LABOR www.msha.gov/regsinfo.htm or http://
www.regulations.gov [Docket Number:
The final rule does not contain any Mine Safety and Health Administration
information collection requirement that MSHA–2014–0030].
requires the approval of the Office of 30 CFR Parts 56 and 57 FOR FURTHER INFORMATION CONTACT:
Management and Budget under the Sheila A. McConnell, Director, Office of
Paperwork Reduction Act (44 U.S.C. [Docket No. MSHA–2014–0030] Standards, Regulations, and Variances,
3501 et seq.). RIN 1219–AB87 MSHA, at mcconnell.sheila.a@dol.gov
List of Subjects in 15 CFR Part 2008 (email), 202–693–9440 (voice), or 202–
Examinations of Working Places in 693–9441 (fax). These are not toll-free
Administrative practice and Metal and Nonmetal Mines numbers.
procedure, Classified information.
AGENCY: Mine Safety and Health
SUPPLEMENTARY INFORMATION:
PART 2008—[REMOVED AND Administration, Labor.
RESERVED] ACTION: Announcement of public I. Stakeholder Meetings
stakeholder meetings.
■ For the reasons stated in the preamble, MSHA will hold six public meetings
SUMMARY: The Mine Safety and Health to inform and educate the mining
and under the authority of 19 U.S.C.
Administration (MSHA) is announcing community on the requirements of the
2171(e)(3), the Office of the United
the dates and locations of public Metal and Nonmetal Examinations of
States Trade Representative removes
stakeholder meetings on the Agency’s Working Places final rule, which is
and reserves part 2008 of chapter XX of
standards for Examinations Of Working effective June 2, 2018. At the meetings,
title 15 of the Code of Federal
Places in Metal and Nonmetal Mines. MSHA will provide training and
Regulations.
DATES: The meeting dates and locations compliance assistance materials to
Janice Kaye, are listed in the SUPPLEMENTARY attendees. The public meetings will
Chief Counsel for Administrative Law, Office INFORMATION section of this document.
begin at 9 a.m. and end not later than
of the U.S. Trade Representative. ADDRESSES: Federal Register 5 p.m., on the following dates at the
[FR Doc. 2018–07220 Filed 4–6–18; 8:45 am] Publications: Access rulemaking locations indicated:
BILLING CODE 3290–F8–P documents electronically at http://
Date/time Location Contact No.
May 1, 2018, 9 a.m ................ DoubleTree by Hilton Hotel Bloomington, 10 Brickyard Drive, Bloomington, Illinois 61701 ... 309–664–6446
May 15, 2018, 9 a.m .............. Sheraton Birmingham Hotel, 2101 Richard Arrington Jr. Blvd. N,, Birmingham, Alabama 205–324–5000
35203.
May 17, 2018, 9 a.m .............. Hilton Garden Inn, Pittsburgh Downtown, 250 Forbes Avenue, Pittsburgh, Pennsylvania 412–281–5557
15222.
May 22, 2018, 9 a.m .............. Renaissance Reno Downtown Hotel, One South Lake Street, Reno, Nevada 89501 ........... 775–682–3900
May 24, 2018, 9 a.m .............. DoubleTree by Hilton Hotel Dallas—Market Center, 2015 Market Center Blvd, Dallas, 214–741–7481
Texas 75207.
May 31, 2018, 9 a.m .............. Hilton Garden Inn Denver Tech Center, 7675 East Union Ave., Denver, Colorado 80237 .... 303–770–4200
II. Background DEPARTMENT OF LABOR regulatory burdens without reducing the
protections afforded miners. A
On January 23, 2017, the Mine Safety Mine Safety and Health Administration document announcing stakeholder
and Health Administration published a meetings is published concurrently with
final rule (January 2017 rule) amending 30 CFR Parts 56 and 57 this rule in the Federal Register.
the standards then in effect on DATES: Effective June 2, 2018.
[Docket No. MSHA–2014–0030]
examinations of working places in metal FOR FURTHER INFORMATION CONTACT:
and nonmetal mines, 30 CFR 56.18002 RIN 1219–AB87
Sheila A. McConnell, Director, Office of
and 57.18002 (82 FR 7680). The January Standards, Regulations, and Variances,
2017 final rule, which was scheduled to Examinations of Working Places in
Metal and Nonmetal Mines MSHA, at mcconnell.sheila.a@dol.gov
become effective on May 23, 2017, was (email), 202–693–9440 (voice), or 202–
stayed until June 2, 2018 (82 FR 46411). AGENCY: Mine Safety and Health 693–9441 (fax). These are not toll-free
On September 12, 2017, MSHA Administration, Labor. numbers.
published a proposed rule that would ACTION: Final rule. SUPPLEMENTARY INFORMATION:
make limited changes to the January
2017 final rule (82 FR 42765). The final SUMMARY: On January 23, 2017, the Table of Contents
rule, which is published elsewhere in Mine Safety and Health Administration I. Introduction
this issue of the Federal Register, is published a final rule (January 2017 A. Regulatory History
effective on June 2, 2018. rule) amending provisions regarding B. Executive Orders 12866, 13563, and
examinations of working places in metal 13771 Summary
sradovich on DSK3GMQ082PROD with RULES
David G. Zatezalo, and nonmetal mines which were later II. Regulatory Procedures
Assistant Secretary of Labor for Mine Safety stayed. MSHA is further amending the III. Section-by-Section Analysis
and Health. IV. Executive Order 12866: Regulatory
affected provisions following expiration Planning and Review and Executive
[FR Doc. 2018–07083 Filed 4–6–18; 8:45 am] of the stay. These additional Order 13563: Improving Regulation and
BILLING CODE 4520–43–P amendments provide mine operators Regulatory Review; and Executive Order
additional flexibility in managing their 13771: Reducing Regulation and
safety and health programs and reduces Controlling Regulatory Costs
VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1](https://thefederalregister.org/doc/83_FR_15123/page/1.svg)
![15056 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations
V. Feasibility may adversely affect the safety or health corrective actions that must be included
VI. Regulatory Flexibility Analysis and Small of miners and is not corrected promptly. in the working place examinations
Business Regulatory Enforcement Lastly, MSHA’s final rule makes a record (82 FR 42757). Specifically,
Fairness Act and Executive Order 13272:
conforming change and amends MSHA proposed amending the
Proper Consideration of Small Entities in
Agency Rulemaking §§ 56.18002(c) and 57.18002(c) to introductory text of §§ 56.18002(a) and
VII. Paperwork Reduction Act of 1995 require that when a condition that may 57.18002(a) to require that an
VIII. Other Regulatory Considerations adversely affect the safety or health of examination of a working place be
miners is not corrected promptly, the conducted before work begins, or as
Availability of Information examination record shall include, or be miners begin work in that place. The
Federal Register Publications: Access supplemented to include, the date of the Agency also proposed amending
rulemaking documents electronically at corrective action. §§ 56.18002(b) and (c) and 57.18002(b)
http://www.msha.gov/regsinfo.htm or This final rule does not address and (c) to require that the examination
http://www.regulations.gov [Docket longstanding concepts, definitions in record include descriptions of adverse
Number: MSHA–2014–0030]. Obtain a existing MNM standards, and conditions that are not corrected
copy of a rulemaking document from clarifications related to competent promptly, and the dates of corrective
the Office of Standards, Regulations, person, working place, promptly, and action. MSHA held four public hearings
and Variances, MSHA, by request to adverse conditions, as noted in the from October 24, 2017, to November 2,
202–693–9440 (voice) or 202–693–9441 preamble to the January 2017 rule. 2017, at various locations, to provide
(facsimile). (These are not toll-free After consideration of comments the members of the public an
numbers.) received on the September 12, 2017 opportunity to present their views on
Email Notification: MSHA maintains notice of proposed rulemaking, the the limited proposed changes. These
a list that enables subscribers to receive Agency concludes that the final rule hearings were held in Arlington,
an email notification when the Agency will reduce the regulatory burden and Virginia; Salt Lake City, Utah;
publishes rulemaking documents in the increase flexibility for mine operators Birmingham, Alabama; and Pittsburgh,
Federal Register. To subscribe, go to without reducing protections for miners Pennsylvania. The comment period for
http://www.msha.gov/subscriptions/ and is consistent with the the proposed limited changes closed on
subscribe.aspx. Administration’s initiatives to reduce November 13, 2017.
and control regulatory costs.
I. Introduction B. Executive Orders 12866, 13563, and
Under the Federal Mine Safety and A. Regulatory History 13771 Summary
Health Act of 1977 (Mine Act), mine On January 23, 2017, MSHA
operators, with the assistance of miners, published a final rule, Examinations of Based on its evaluation of the costs
have the primary responsibility to Working Places in Metal and Nonmetal and benefits, MSHA has determined
prevent the existence of unsafe and Mines, amending the Agency’s that this final rule will not have an
unhealthful conditions and practices. standards for the examinations of annual effect of $100 million or more on
Operator compliance with safety and working places in MNM mines, 30 CFR the economy and, therefore, will not be
health standards and implementation of 56.18002 and 57.18002 (82 FR 7680). an economically significant regulatory
safe work practices provide a substantial The January 2017 rule was scheduled to action pursuant to section 3(f) of
measure of protection against hazards become effective on May 23, 2017. On Executive Order (E.O.) 12866. MSHA
that cause accidents, injuries, and May 22, 2017, MSHA published a final estimates that the total undiscounted
fatalities. Effective working place rule delaying the effective date to costs (using 2016 dollars) of the final
examinations are a fundamental October 2, 2017 (82 FR 23139). rule over a 10-year period will be
accident prevention tool used by On September 12, 2017, MSHA approximately –$276 million, –$235.4
operators of metal and nonmetal (MNM) proposed to further delay the effective million at a 3 percent rate, and –$193.8
mines. They allow operators to identify date of the final rule from October 2, million at a 7 percent rate. The same
and correct adverse conditions that may 2017 to March 2, 2018 (82 FR 42765). annual cost savings occur in each of the
affect the safety and health of miners On October 5, 2017, MSHA published a 10 years so the cost annualized over 10
and violations of safety and health final rule that stayed the amendment years will be approximately -$27.6
standards before they cause injury or from the January 2017 rule until June 2, million for all discount rates. This final
death to miners. 2018 (82 FR 46411). Also, the October rule is an E.O. 13771 deregulatory
MSHA’s final rule makes changes to 5, 2017 final rule reinstated, as 30 CFR action. Negative cost values are cost
§§ 56.18002(a) and 57.18002(a), 56.18002T and 57.18002T, the savings that result in a positive net
§ 56.18002(b) and (c), and § 57.18002(b) provisions of the working place benefit. MSHA estimates that this final
and (c) as amended by the Agency’s examination standards that were in rule results in annual cost savings of
final rule on examinations of working effect as of October 1, 2017; these $27.6 million. Details on the estimated
places that was published on January temporary provisions expire June 2, cost savings of this final rule can be
23, 2017 (January 2017 rule) (82 FR 2018 (82 FR 46411). (Sections found in the rule’s economic analysis.
7680 at 7695). MSHA’s changes to 56.18002T and 57.18002T are II. Regulatory Procedures
§§ 56.18002(a) and 57.18002(a) require subsequently referenced in this
that a competent person examine each document as the ‘‘standards in effect’’.) On October 5, 2017, MSHA published
working place at least once each shift Also, on September 12, 2017, MSHA a final rule staying the amendments
before work begins, or as miners begin proposed a limited reopening of the from the January 2017 rule and
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work in that place, for conditions that rulemaking record for the January 2017 temporarily reinstating the working
may adversely affect safety or health. rule and proposed amendments to the place examinations standards that were
This final rule also amends January 2017 rule. The proposed in effect as of October 1, 2017, until
§§ 56.18002(b) and 57.18002(b) to changes that MSHA published for June 2, 2018 (82 FR 46411). MSHA is
require that the working place comment were limited to: (1) When confirming that both the stay and
examination record include a working place examinations must begin; temporary provisions expire June 2,
description of each condition found that and (2) the adverse conditions and 2018.
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![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15061
additional minutes × 1 hr/60 min × conditions that are not corrected require a competent person designated
$35.28 per hour. promptly. by a mine operator to examine each
MSHA also retained the calculations MSHA does not believe the changes to working place at least once per shift.
and assumptions used to estimate the the January 2017 rule reduce the Therefore, requiring a competent person
costs of making a copy of the protections afforded miners. As MSHA to perform the examination is not a new
examination record and providing it to stated in the preamble to the January cost.
miners’ representatives. The annual 2017 rule, the Agency was unable to Some commenters suggested that
costs, which were also updated for wage separate quantifiable benefits from the mine operators would incur other costs
inflation and the number of mines in January 2017 rule from those benefits related to the January 2017 rule due to
operations, consist of: attributable to conducting a workplace differences in physical mine sizes, or
• $137,121 = 10,428 mines with 1–19 examination under the standards in differences between underground and
employees × 10 percent × 1.1 shifts effect. MSHA continues to anticipate, surface mining operations, and these
per day × 169 workdays per year × however, that there will be benefits from amendments did not eliminate all of the
((1 minute × $24.44 per hour) + more effective and consistent working timing costs attributable to the 2017
$0.30 copy costs); place examinations that help to ensure rule. However, these commenters did
• $213,000 = 1,174 mines with 20–500 that adverse conditions will be timely not provide MSHA sufficient data or
employees × 50 percent × 1.8 shifts identified, communicated to miners, information for the Agency to quantify
per day × 285 workdays per year × and corrected. MSHA anticipates that the costs associated with the differences
((1 minute × $24.44 per hour) + the record requirements will improve in mine size or mining operations.
$0.30 copy costs); and accident prevention by helping mine Further, MSHA’s estimates represent
• $11,024 = 22 mines with 501+ operators identify any patterns or trends averages; individual mines have costs
employees × 100 percent × 2.2 shifts of adverse conditions and preventing above and below the average.
per day × 322 workdays per year × these conditions from recurring. Since
((1 minute × $24.44 per hour) + MSHA was unable to quantify benefits The January 2017 rule also specified
$0.30 copy costs). for this rulemaking, MSHA is not the contents of the examination record,
The revised annual cost base is $.361 claiming a monetized benefit for this which included a requirement that the
million, an approximate $15,000 final rule. record include a description of all
increase. adverse conditions found. Under this
E. Compliance Costs final rule, MSHA reduces the mine
C. Net Benefits The costs of this final rule are operators’ burden by modifying the
Net benefits are the result of associated with conducting required contents of the examination
subtracting costs from benefits. As examinations of a working place as record. The final rule requires that the
detailed in the Benefits and Compliance miners begin work in that place. For the examination record include a
Cost sections below, no monetized January 2017 rule estimate, MSHA description of each adverse condition
benefits minus the cost savings of assumed that operators could have that is not corrected promptly, and no
¥$27.6 million results in a net benefit incurred overtime costs, hiring costs, or longer requires a record of adverse
of $27.6 million annually undiscounted experience rescheduling costs to comply conditions that are corrected promptly.
as well as the same value at discount with the requirement that an MSHA solicited information and data
rates of 7 and 3 percent. examination occur before miners began on the number of instances adverse
work. Under this rulemaking, MSHA conditions are promptly corrected and,
D. Benefits estimated that mine operators would not on average, how much time would be
As previously stated, this final rule incur these costs. MSHA solicited saved by not requiring corrected
modifies §§ 56.18002(a) and 57.18002(a) comments, but did not receive specific conditions to be included in the record.
that required the examination be data or information on the Agency’s MSHA did not receive data or
conducted before miners begin work in assumptions or costs saving estimate. information in response to this request;
that place to also allow an examination MSHA did not change the therefore, the Agency has estimated no
to be as miners begin work in that place. longstanding definition related to change in costs related to the change to
In addition the final rule modifies ‘‘competent person.’’ Many commenters the recordkeeping requirements. The
§§ 56.18002(b) and 57.18002(b) to recognized that MSHA did not propose following table reports the published
require a description of each adverse changing this definition and, that in January 2017 rule costs, updates to the
condition found that is not corrected many mines, miners are trained and baseline, and the final rule’s cost
promptly. MSHA’s final rule also perform as competent persons. savings (cost reductions have a negative
modifies §§ 56.18002(c) and 57.18002(c) However, other commenters considered sign and are a cost savings). As the table
to require that the examination record the requirement that a competent person reports, only the timing of the
include, or be supplemented to include, perform the examination to be a new examination has a cost impact for this
the date of the corrective action for cost. In addition, the standards in effect rulemaking.
TABLE 3—UNDISCOUNTED COSTS, CHANGES, AND REGULATORY SAVINGS
[Annual values, millions, 2016 dollars except as noted]
Total
Record Examination (may not
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keeping timing sum due to
rounding)
Costs as published in Jan. 2017 rule (published using 2015 dollars) ........................................ 7.64 26.88 34.51
Changes due to updated 2016 baseline data ............................................................................. 0.24 0.72 0.95
Total revised baseline for Jan. 2017 rule .................................................................................... 7.88 27.60 35.47
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![15062 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations
TABLE 3—UNDISCOUNTED COSTS, CHANGES, AND REGULATORY SAVINGS—Continued
[Annual values, millions, 2016 dollars except as noted]
Total
Record Examination (may not
keeping timing sum due to
rounding)
Regulatory savings of final rule (change from updated baseline, negative values = cost sav-
ings) .......................................................................................................................................... 0.00 ¥27.60 ¥27.60
Overhead Costs general guidance that applies in this ¥$276 million, ¥$235.4 million at a 3
MSHA did not include an overhead situation: percent rate, and ¥$193.8 million at a
labor cost in the economic analysis for For E.O. 13771 deregulatory actions that 7 percent rate. Negative cost values are
this final rule. It is also important to revise or repeal recently issued rules, cost savings. The same annual cost
note that there is not one broadly agencies generally should not estimate cost savings occurs in each of the 10 years
accepted overhead rate, and the use of savings that exceed the costs previously so the cost annualized over 10 years will
projected for the relevant requirements, be approximately ¥$27.6 million.
overhead rate to estimate the marginal unless credible new evidence show that costs
costs of labor raises a number of issues were previously underestimated. V. Feasibility
that should be addressed before
applying overhead costs to analyze costs The cost estimate for the January 2017 A. Technological Feasibility
of any regulation. There are several rule did not include overhead. If, for The final rule contains examination
approaches to look at the cost elements this rule, MSHA had included an timing and recordkeeping requirements
that fit the definition of overhead and overhead rate when estimating the and is not technology-forcing. MSHA
there are a range of overhead estimates marginal cost of labor and adopted for concludes that the final rule will be
currently used within the federal these purposes an overhead rate of 17 technologically feasible.
government—for example, the percent on base wages, the overhead
costs would increase cost savings from B. Economic Feasibility
Environmental Protection Agency has
used 17 percent,3 and the Employee $27.6 million to $32.3 million at all MSHA established the economic
Benefits Security Administration has discount rates, 17 percent more than feasibility of the January 2017 rule using
used 132 percent on average.4 Some costs previously projected. This increase its traditional revenue screening test—
overhead costs, such as advertising and in savings of $4.7 million is the same as whether the yearly impacts of a
marketing, may be more closely the 17 percent overhead rate because all regulation are less than one percent of
correlated with output rather than with rule costs are labor costs and therefore revenues—to establish presumptively
labor. Other overhead costs vary with total costs change in direct proportion to that the January 2017 rule was
the number of new employees. For the overhead rates selected. MSHA will economically feasible for the mining
example, rent or payroll processing continue to study overhead costs to community. This final rule creates a
costs may change little with the ensure regulatory costs are cost savings of ¥$27.6 million annually
addition of 1 employee in a 500- appropriately attributed without double compared to the January 2017 rule.
employee firm, but those costs may counting or showing savings for Although the associated revenues
change substantially with the addition concepts not previously considered as decreased slightly from the January
of 100 employees. If an employer is able costs. 2017 rule estimate of $77.6 billion in
to rearrange current employees’ duties Discounting 2015 to approximately $74.6 billion for
to implement a rule, then the marginal 2016, the costs retained from the
Discounting is a technique used to January 2017 rule of approximately $7.9
share of overhead costs such as rent, apply the economic concept that the
insurance, and major office equipment million per year remain well less than
preference for the value of money one percent of revenues and the net
(e.g., computers, printers, copiers) decreases over time. In this analysis,
would be very difficult to measure with decrease in costs (¥$27.6 million
MSHA provides cost totals at zero, 3,
accuracy (e.g., computer use costs annually) is even more supportive of the
and 7 percent discount rates. The zero
associated with 2 hours for rule Agency’s conclusion. MSHA concludes
percent discount rate is referred to as
familiarization by an existing that the final rule will be economically
the undiscounted rate. MSHA used the
employee). Guidance on implementing feasible for the MNM mining industry.
Excel® Net Present Value (NPV)
Executive Order 137715 also provides VI. Regulatory Flexibility Analysis and
function to determine the present value
3 U.S. Environmental Protection Agency, ‘‘Wage
of costs and computed an annualized Small Business Regulatory Enforcement
Rates for Economic Analyses of the Toxics Release cost from the present value using the Fairness Act and Executive Order
Inventory Program,’’ June 10, 2002. Excel PMT function.6 The negative 13272: Proper Consideration of Small
4 For a further example of overhead cost
value of the PMT function provides the Entities in Agency Rulemaking
estimates, please see the Employee Benefits annualized cost over 10 years at 3 and
Security Administration’s guidance at https:// In the proposed rule, Examinations of
www.dol.gov/sites/default/files/ebsa/laws-and- 7 percent discount rates using the Working Places in Metal and Nonmetal
regulations/rules-and-regulations/technical- function’s end of period option. Mines, MSHA requested comments on
sradovich on DSK3GMQ082PROD with RULES
appendices/labor-cost-inputs-used-in-ebsa-opr-ria- MSHA estimates that the total its proposed certification. MSHA has
and-pra-burden-calculations-august-2016.pdf. undiscounted costs of the final rule over
5 Memorandum: Implementing Executive Order reviewed comments pursuant to the
13771, Titled ‘‘Reducing Regulation and Controlling
a 10-year period will be approximately Regulatory Flexibility Act (RFA) of
Regulatory Costs, M–17–21’’, April 5, 2017, 1980, as amended by the Small Business
Question 21, https://www.whitehouse.gov/the- 6 Office of Management and Budget, Office of
press-office/2017/04/05/memorandum- Information and Regulatory Affairs, Regulatory
Regulatory Enforcement Fairness Act
implementing-executive-order-13771-titled- Impact Analysis: Frequently Asked Questions, (SBREFA). For the RFA considerations
reducing-regulation. February 7, 2011. and certification, MSHA has included
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![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15065
person conducting the examination; (d) The operator shall maintain the DEPARTMENT OF HOMELAND
date of the examination; location of all examination records for at least one SECURITY
areas examined; and description of each year, make the records available for
condition found that may adversely inspection by authorized representatives Coast Guard
affect the safety or health of miners and of the Secretary and the representatives
is not corrected promptly. of miners, and provide these 33 CFR Part 100
(c) When a condition that may representatives a copy on request. [Docket No. USCG–2018–0261]
adversely affect safety or health is not [FR Doc. 2018–07084 Filed 4–6–18; 8:45 am]
corrected promptly, the examination RIN 1625–AA08
BILLING CODE 4520–43–P
record shall include, or be
supplemented to include, the date of the Special Local Regulation; Wy-Hi
corrective action. Rowing Regatta, Detroit River, Trenton
DEPARTMENT OF DEFENSE Channel, Wyandotte, MI
(d) The operator shall maintain the
examination records for at least one Office of the Secretary AGENCY: Coast Guard, DHS.
year, make the records available for ACTION: Temporary final rule.
inspection by authorized representatives 32 CFR Part 81
of the Secretary and the representatives SUMMARY: The Coast Guard is
of miners, and provide these [Docket ID: DOD–2017–OS–0048] establishing a special local regulation
representatives a copy on request. RIN 0790–AJ97 for certain navigable waters of the
Detroit River, Trenton Channel,
PART 57—SAFETY AND HEALTH Paternity Claims and Adoption Wyandotte, MI. This action is necessary
STANDARDS—UNDERGROUND Proceedings Involving Members and and is intended to ensure safety of life
METAL AND NONMETAL MINES Former Members of the Armed Forces on navigable waters immediately prior
to, during, and immediately after the
■ 3. The authority citation for part 57 AGENCY: Department of Defense. Wy-Hi Rowing Regatta event.
continues to read as follows: ACTION: Final rule. DATES: This temporary final rule is
Authority: 30 U.S.C. 811. effective from 7:30 a.m. until 5:30 p.m.
SUMMARY: This final rule removes DoD’s
■ 4. Revise § 57.18002 to read as regulation concerning paternity claims on May 5, 2018.
follows: and adoption proceedings involving ADDRESSES: To view documents
members and former members of the mentioned in this preamble as being
§ 57.18002 Examination of working places. available in the docket, go to http://
Armed Forces. The DoD policy that
(a) A competent person designated by corresponds with this rule is not www.regulations.gov, type USCG–2018–
the operator shall examine each working required by law and was rescinded. This 0261 in the ‘‘SEARCH’’ box and click
place at least once each shift before part is not necessary, therefore, it can be ‘‘SEARCH.’’ Click on Open Docket
work begins or as miners begin work in removed from the CFR. Folder on the line associated with this
that place, for conditions that may rule.
DATES: This rule is effective on April 9,
adversely affect safety or health. FOR FURTHER INFORMATION CONTACT: If
2018.
(1) The operator shall promptly notify you have questions on this temporary
miners in any affected areas of any FOR FURTHER INFORMATION CONTACT:
LTCOL Reggie Yager, 703–571–9301. rule, call or email Tracy Girard,
conditions found that may adversely Prevention Department, Sector Detroit,
affect safety or health and promptly SUPPLEMENTARY INFORMATION: It has been Coast Guard; telephone 313–568–9564,
initiate appropriate action to correct determined that publication of this CFR or email Tracy.M.Girard@uscg.mil.
such conditions. part removal for public comment is
SUPPLEMENTARY INFORMATION:
(2) Conditions noted by the person impracticable, unnecessary, and
conducting the examination that may contrary to public interest since it seeks I. Table of Abbreviations
present an imminent danger shall be to remove DoD policy from the CFR that
brought to the immediate attention of has already been rescinded. CFR Code of Federal Regulations
the operator who shall withdraw all This rule is not significant under DHS Department of Homeland Security
Executive Order (E.O.) 12866, FR Federal Register
persons from the area affected (except
NPRM Notice of Proposed Rulemaking
persons referred to in section 104(c) of ‘‘Regulatory Planning and Review,’’ § Section
the Federal Mine Safety and Health Act therefore, E.O. 13771, ‘‘Reducing COTP Captain of the Port
of 1977) until the danger is abated. Regulation and Controlling Regulatory U.S.C. United States Code
(b) A record of each examination shall Costs’’ does not apply.
be made before the end of the shift for II. Background Information and
List of Subjects in 32 CFR Part 81 Regulatory History
which the examination was conducted.
The record shall contain the name of the Claims, Infants and children, Military The Coast Guard is issuing this
person conducting the examination; personnel. temporary rule without prior notice and
date of the examination; location of all opportunity to comment pursuant to
areas examined; and description of each PART 81—[REMOVED] authority under section 4(a) of the
condition found that may adversely ■ Accordingly, by the authority of 5 Administrative Procedure Act (APA) (5
affect the safety or health of miners and U.S.C. 301, 32 CFR part 81 is removed. U.S.C. 553(b)). This provision
sradovich on DSK3GMQ082PROD with RULES
is not corrected promptly. authorizes an agency to issue a rule
(c) When a condition that may Dated: April 3, 2018. without prior notice and opportunity to
adversely affect safety or health is not Aaron T. Siegel, comment when the agency for good
corrected promptly, the examination Alternate OSD Federal Register Liaison cause finds that those procedures are
record shall include, or be Officer, Department of Defense. ‘‘impracticable, unnecessary, or contrary
supplemented to include, the date of the [FR Doc. 2018–07161 Filed 4–6–18; 8:45 am] to the public interest.’’ Under 5 U.S.C.
corrective action. BILLING CODE 5001–06–P 553(b) (B), the Coast Guard finds that
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Document Created: 2018-04-07 02:39:13
Document Modified: 2018-04-07 02:39:13
| 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. | |
| Dates | Effective 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 (fax). These are not toll-free numbers. | |
| FR Citation | 83 FR 15055 | |
| RIN Number | 1219-AB87 | |
| CFR Citation | 30
CFR
56 30 CFR 57 | |
| CFR Associated | Metals; Mine Safety and Health and Reporting and Recordkeeping Requirements |
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