83_FR_17369 83 FR 17293 - Examinations of Working Places in Metal and Nonmetal Mines

83 FR 17293 - Examinations of Working Places in Metal and Nonmetal Mines

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 76 (April 19, 2018)

Page Range17293-17294
FR Document2018-08240

The Mine Safety and Health Administration (MSHA) is announcing the dates and locations of additional public stakeholder meetings on the Agency's standards for Examinations of Working Places in Metal and Nonmetal Mines.

Federal Register, Volume 83 Issue 76 (Thursday, April 19, 2018)
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Rules and Regulations]
[Pages 17293-17294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08240]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56 and 57

[Docket No. MSHA-2014-0030]
RIN 1219-AB87


Examinations of Working Places in Metal and Nonmetal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Announcement of public meetings.

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

SUMMARY: The Mine Safety and Health Administration (MSHA) is announcing 
the dates and locations of additional public stakeholder meetings on 
the Agency's standards for Examinations of Working Places in Metal and 
Nonmetal Mines.

DATES: The meeting dates and locations are listed in the SUPPLEMENTARY 
INFORMATION section of this document.

ADDRESSES: Federal Register Publications: Access rulemaking documents 
electronically at http://www.msha.gov/regsinfo.htm or http://www.regulations.gov [Docket Number: MSHA-2014-0030].

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: 

I. Stakeholder Meetings

    On April 9, 2018, MSHA published a document (83 FR 15055) 
announcing six stakeholder meetings. To expand stakeholder outreach, 
MSHA has scheduled another meeting in Seattle, Washington and two video 
teleconference (VTC) meetings to be broadcast to seven local offices 
from MSHA headquarters in Arlington, VA. For the convenience of the 
public, the complete list of stakeholder meetings is included in this 
document.

[[Page 17294]]



                 Examinations of Working Places in Metal and Nonmetal Mines Stakeholder Meetings
                                          [Dates, times, and locations]
----------------------------------------------------------------------------------------------------------------
                Date/time                              Location                         Contact number
----------------------------------------------------------------------------------------------------------------
May 1, 2018, 9 a.m. Central time.........  DoubleTree by Hilton Hotel,       309-664-6446.
                                            Bloomington, 10 Brickyard
                                            Drive, Bloomington, Illinois
                                            61701.
May 3, 2018, 9 a.m. Pacific time.........  Renaissance Seattle Hotel, 515    206-583-0300.
                                            Madison Street, Seattle,
                                            Washington 98104.
May 10, 2018, 11 a.m. Eastern time and     VTC.............................  See Table Below.
 work through lunch.
May 15, 2018, 9 a.m. Central time........  Sheraton Birmingham Hotel, 2101   205-324-5000.
                                            Richard Arrington Jr. Blvd. N,
                                            Birmingham, Alabama 35203.
May 17, 2018, 9 a.m. Eastern time........  Hilton Garden Inn Pittsburgh      412-281-5557.
                                            Downtown, 250 Forbes Avenue,
                                            Pittsburgh, Pennsylvania 15222.
May 22, 2018, 9 a.m. Pacific time........  Renaissance Reno Downtown Hotel,  775-682-3900.
                                            One South Lake Street, Reno,
                                            Nevada 89501.
May 24, 2018, 9 a.m. Central time........  DoubleTree by Hilton, Hotel       214-741-7481.
                                            Dallas--Market Center, 2015
                                            Market Center Blvd, Dallas,
                                            Texas 75207.
May 31, 2018, 9 a.m. Mountain time.......  Hilton Garden Inn Denver, Tech    303-770-4200.
                                            Center, 7675 East Union Ave.,
                                            Denver Colorado 80237.
June 6, 2018, 11 a.m. Eastern time and     VTC.............................  See Table Below.
 work through lunch.
----------------------------------------------------------------------------------------------------------------

VTC Meetings--May 10 and June 6, 2018

    Interested participants may attend these meetings in-person at 
MSHA's Headquarters in Arlington, VA or by participating by VTC at one 
of our seven local offices around the country (See table below).
    (1) To participate in Arlington, VA:
     Send an email to [email protected].
     Address--201 12th Street South, 4th Floor Conference Space 
in Room 4C304, in Arlington, VA 22202.
     When you enter the building, take the elevators to your 
right up to the 4th floor East reception area to check in. You will 
then be escorted to room 4C304.
     Nearest metro stations: Pentagon, Pentagon City, Crystal 
City. Parking is available on the street and in the building.
    (2) To participate by VTC at one of the seven local offices, send 
an email to [email protected].

------------------------------------------------------------------------
           VTC Location                    Address/contact number
------------------------------------------------------------------------
Arlington, VA (Host Location).....  MSHA Headquarters, 201 12th Street
                                     South, Arlington, VA 22202, Room
                                     4C304, 202-693-9450.
Beckley, WV.......................  National Mine Health and Safety
                                     Academy, 1301 Airport Road,
                                     Beckley, WV 25813, Auditorium, 304-
                                     256-3100.
Birmingham, AL....................  MSHA District Office 11, 1030 London
                                     Drive, Birmingham, AL 35211, Suite
                                     400 (next to Canon Office
                                     Building), 205-290-7294.
Denver, CO........................  MSHA District Office 9, Denver
                                     Federal Center, 6th & Kipling, 2nd
                                     Street, Bldg. 25, Denver, CO 80225,
                                     Enter through Gate 2-Visitors, 303-
                                     231-5465.
Mesa, AZ..........................  Mesa Field Office, 63 East Main
                                     Street, Suite 402, Mesa, AZ 85201,
                                     480-649-5452.
Duluth, MN........................  MSHA North Central District Office,
                                     Federal Building, U.S. Courthouse,
                                     515 W. 1st Street, Duluth, MN
                                     55802, Room 327, 218-720-5448.
Warrendale, PA....................  MSHA Northeastern District Office,
                                     178 Thorn Hill Road, Suite 100,
                                     Warrendale, PA 15086, 724-772-2334.
Vacaville, CA.....................  MSHA Western District Office, 991
                                     Nut Tree Road, Vacaville, CA 95687,
                                     Will be escorted to Conference
                                     Room, 707-447-7864.
------------------------------------------------------------------------

II. Background

    On January 23, 2017, MSHA published a final rule (January 2017 
rule) amending the standards then in effect on examinations of working 
places in metal and nonmetal mines, 30 CFR 56.18002 and 57.18002 (82 FR 
7680). The January 2017 final rule, which was scheduled to become 
effective on May 23, 2017, was stayed until June 2, 2018 (82 FR 46411). 
On September 12, 2017, MSHA published a proposed rule that would make 
limited changes to the January 2017 final rule (82 FR 42765). The final 
rule, published April 9, 2018 (83 FR 15055), is effective on June 2, 
2018.

David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2018-08240 Filed 4-18-18; 8:45 am]
 BILLING CODE 4520-43-P



                                                                Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations                                              17293

                                                (3) Employee C retired on February 1,                § 702.810 What weekly minimum rates                     Signed at Washington, DC, on April 13,
                                             1998. During his last year of                           apply to compensation for permanent total             2018.
                                             employment, he earned $23,000. He                       disability?                                           Julia K. Hearthway,
                                             discovers on April 15, 2002, that he has                  (a) The weekly minimum                              Director, Office of Workers’ Compensation
                                             a compensable occupational disease                                                                            Programs.
                                                                                                     compensation payable for the fiscal year
                                             resulting in a 50% permanent                            in which the employee became                          [FR Doc. 2018–08133 Filed 4–18–18; 8:45 am]
                                             impairment. See § 702.601(b). Because                   permanently and totally disabled is the               BILLING CODE 4510–CR–P
                                             he retired more than one year before this               lower of:
                                             date, his payrate for calculating
                                             compensation is the FY 2002 national                      (1) The minimum rate in effect on the               DEPARTMENT OF LABOR
                                             average weekly wage, or $483.04. See                    date of disability, or
                                                                                                                                                           Mine Safety and Health Administration
                                             § 702.603(b). He is entitled to weekly                   (2) The employee’s average weekly
                                             compensation of $161.01 ($483.04 × 2 ÷                  wage on the date of disability.                       30 CFR Parts 56 and 57
                                             3 × 50%). C dies from the disease on                      (b) For all periods the employee is
                                             June 1, 2015, leaving two survivors. The                permanently and totally disabled in
                                             payrate for calculating death benefits is                                                                     [Docket No. MSHA–2014–0030]
                                                                                                     subsequent fiscal years, the weekly
                                             the FY 2015 national average weekly                     minimum compensation payable is the
                                             wage, or $688.51. See § 702.604(b). The                 lower of:                                             RIN 1219–AB87
                                             survivors’ aggregate calculated
                                             compensation rate is $459.01 ($688.51 ×                  (1) Each subsequent fiscal year’s                    Examinations of Working Places in
                                             2 ÷ 3). But because compensation                        minimum rate, or                                      Metal and Nonmetal Mines
                                             cannot exceed 1⁄52 part of C’s last year                 (2) The employee’s average weekly                    AGENCY:Mine Safety and Health
                                             of earnings, aggregate weekly death                     wage on the date of disability.                       Administration, Labor.
                                             benefits payable for FY 2015 are limited
                                                                                                        (c) Example: Employee A suffers a
                                             to $442.31 ($23,000 ÷ 52). For FY 2016,                                                                       ACTION:Announcement of public
                                                                                                     covered workplace injury on April 1,                  meetings.
                                             C’s survivors are entitled to a 2.10%
                                                                                                     2003, and is permanently totally
                                             section 10(f) adjustment resulting in
                                                                                                     disabled from that day forward. He was                SUMMARY:   The Mine Safety and Health
                                             weekly death benefits of $452.00
                                                                                                     earning $250.00 a week when he was                    Administration (MSHA) is announcing
                                             ($442.31 × .021 = $9.29, rounded to the
                                                                                                     injured. His calculated compensation                  the dates and locations of additional
                                             nearest cent; $442.31 + $9.29 = $451.60,
                                                                                                     rate is $166.67 ($250 × 2 ÷ 3). The FY                public stakeholder meetings on the
                                             rounded to the nearest dollar). C’s
                                                                                                     2003 minimum rate is $249.14. Because                 Agency’s standards for Examinations of
                                             survivors would continue to receive
                                                                                                     A’s calculated compensation rate is                   Working Places in Metal and Nonmetal
                                             section 10(f) adjustments in subsequent
                                                                                                     below the FY 2003 minimum rate, and                   Mines.
                                             fiscal years.
                                                                                                     his actual weekly wage is above that                  DATES:  The meeting dates and locations
                                             Minimum Rates                                           rate, he is entitled to compensation at               are listed in the SUPPLEMENTARY
                                                                                                     the minimum rate of $249.14 from April                INFORMATION section of this document.
                                             § 702.808 What weekly minimum rates                     1, 2003, to September 30, 2003. The FY
                                             apply to compensation for partial disability?                                                                 ADDRESSES:  Federal Register
                                                                                                     2004 minimum rate is $257.70. Because
                                               There is no minimum rate for                          A’s actual weekly wages on the date of                Publications: Access rulemaking
                                             compensation paid for partial disability,               disability are lower than the FY 2004                 documents electronically at http://
                                                                                                     minimum rate, A’s minimum weekly                      www.msha.gov/regsinfo.htm or http://
                                             whether temporary or permanent.
                                                                                                     compensation rate for FY 2004 is                      www.regulations.gov [Docket Number:
                                             § 702.809 What weekly minimum rates                     $250.00. His weekly compensation rate                 MSHA–2014–0030].
                                             apply to compensation for temporary total               for FY 2004, however, is higher because               FOR FURTHER INFORMATION CONTACT:
                                             disability?
                                                                                                     of a section 10(f) adjustment. For FY                 Sheila A. McConnell, Director, Office of
                                               (a) The minimum compensation                          2004, A’s compensation rate is                        Standards, Regulations, and Variances,
                                             payable for temporary total disability is               increased by a 3.44% section 10(f)                    MSHA, at mcconnell.sheila.a@dol.gov
                                             the lower of:                                           adjustment, raising his compensation                  (email), 202–693–9440 (voice), or 202–
                                               (1) The minimum rate in effect on the                 level to $258.00 ($249.14 × .0344 =                   693–9441 (fax). These are not toll-free
                                                                                                     $8.57; $249.14 + $8.57 = $257.71,                     numbers.
                                             date of disability, or
                                                                                                     rounded to the nearest dollar).                       SUPPLEMENTARY INFORMATION:
                                              (2) The employee’s average weekly
                                             wage on the date of disability.                         § 702.811 What weekly minimum rates                   I. Stakeholder Meetings
                                                                                                     apply to death benefits?
                                               (b) Example: Employee A suffers a                                                                              On April 9, 2018, MSHA published a
                                             covered workplace injury on May 6,                        (a) The average weekly wage used to                 document (83 FR 15055) announcing six
                                             2014. He is temporarily totally disabled                compute death benefits is the greater                 stakeholder meetings. To expand
                                             until November 6, 2015, when he                         of—                                                   stakeholder outreach, MSHA has
                                             returns to work. His average weekly                      (1) The deceased employee’s average                  scheduled another meeting in Seattle,
                                             wages at the time of disability were
rmajette on DSKBCKNHB2PROD with RULES




                                                                                                     weekly wages; or                                      Washington and two video
                                             $500.00. Because his calculated                                                                               teleconference (VTC) meetings to be
                                             compensation rate (i.e., 66 and 2⁄3% of                   (2) The national average weekly wage
                                                                                                                                                           broadcast to seven local offices from
                                             $500.00, or $333.34) is lower than the                  in effect at the time of the employee’s               MSHA headquarters in Arlington, VA.
                                             $336.67 FY 2014 minimum rate, A’s                       death.                                                For the convenience of the public, the
                                             compensation is raised to $336.67 for                     (b) The weekly minimum rate does                    complete list of stakeholder meetings is
                                             the entire period of his disability.                    not apply to death benefits.                          included in this document.


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                                             17294                   Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations

                                                                  EXAMINATIONS OF WORKING PLACES IN METAL AND NONMETAL MINES STAKEHOLDER MEETINGS
                                                                                                                           [Dates, times, and locations]

                                                                      Date/time                                                                               Location                                                              Contact number

                                             May 1, 2018, 9 a.m. Central time ...................          DoubleTree by Hilton Hotel, Bloomington, 10 Brickyard Drive, Bloomington,                                               309–664–6446.
                                                                                                             Illinois 61701.
                                             May 3, 2018, 9 a.m. Pacific time ....................         Renaissance Seattle Hotel, 515 Madison Street, Seattle, Washington                                                      206–583–0300.
                                                                                                             98104.
                                             May 10, 2018, 11 a.m. Eastern time and                        VTC .................................................................................................................   See Table Below.
                                              work through lunch.
                                             May 15, 2018, 9 a.m. Central time .................           Sheraton Birmingham Hotel, 2101 Richard Arrington Jr. Blvd. N, Bir-                                                     205–324–5000.
                                                                                                             mingham, Alabama 35203.
                                             May 17, 2018, 9 a.m. Eastern time ................            Hilton Garden Inn Pittsburgh Downtown, 250 Forbes Avenue, Pittsburgh,                                                   412–281–5557.
                                                                                                             Pennsylvania 15222.
                                             May 22, 2018, 9 a.m. Pacific time ..................          Renaissance Reno Downtown Hotel, One South Lake Street, Reno, Ne-                                                       775–682–3900.
                                                                                                             vada 89501.
                                             May 24, 2018, 9 a.m. Central time .................           DoubleTree by Hilton, Hotel Dallas—Market Center, 2015 Market Center                                                    214–741–7481.
                                                                                                             Blvd, Dallas, Texas 75207.
                                             May 31, 2018, 9 a.m. Mountain time ..............             Hilton Garden Inn Denver, Tech Center, 7675 East Union Ave., Denver                                                     303–770–4200.
                                                                                                             Colorado 80237.
                                             June 6, 2018, 11 a.m. Eastern time and work                   VTC .................................................................................................................   See Table Below.
                                               through lunch.



                                             VTC Meetings—May 10 and June 6,                                   (1) To participate in Arlington, VA:                                      You will then be escorted to room
                                             2018                                                              • Send an email to                                                        4C304.
                                                                                                            zzMSHAcomments@dol.gov.                                                        • Nearest metro stations: Pentagon,
                                               Interested participants may attend                              • Address—201 12th Street South,                                          Pentagon City, Crystal City. Parking is
                                             these meetings in-person at MSHA’s                             4th Floor Conference Space in Room                                           available on the street and in the
                                             Headquarters in Arlington, VA or by                            4C304, in Arlington, VA 22202.                                               building.
                                             participating by VTC at one of our seven                          • When you enter the building, take                                         (2) To participate by VTC at one of the
                                             local offices around the country (See                          the elevators to your right up to the 4th                                    seven local offices, send an email to
                                             table below).                                                  floor East reception area to check in.                                       zzMSHAcomments@dol.gov.

                                                            VTC Location                                                                                    Address/contact number

                                             Arlington, VA (Host Location) .........              MSHA Headquarters, 201 12th Street South, Arlington, VA 22202, Room 4C304, 202–693–9450.
                                             Beckley, WV ....................................     National Mine Health and Safety Academy, 1301 Airport Road, Beckley, WV 25813, Auditorium, 304–256–
                                                                                                    3100.
                                             Birmingham, AL ..............................        MSHA District Office 11, 1030 London Drive, Birmingham, AL 35211, Suite 400 (next to Canon Office
                                                                                                    Building), 205–290–7294.
                                             Denver, CO .....................................     MSHA District Office 9, Denver Federal Center, 6th & Kipling, 2nd Street, Bldg. 25, Denver, CO 80225,
                                                                                                    Enter through Gate 2-Visitors, 303–231–5465.
                                             Mesa, AZ .........................................   Mesa Field Office, 63 East Main Street, Suite 402, Mesa, AZ 85201, 480–649–5452.
                                             Duluth, MN ......................................    MSHA North Central District Office, Federal Building, U.S. Courthouse, 515 W. 1st Street, Duluth, MN
                                                                                                    55802, Room 327, 218–720–5448.
                                             Warrendale, PA ...............................       MSHA Northeastern District Office, 178 Thorn Hill Road, Suite 100, Warrendale, PA 15086, 724–772–
                                                                                                    2334.
                                             Vacaville, CA ...................................    MSHA Western District Office, 991 Nut Tree Road, Vacaville, CA 95687, Will be escorted to Conference
                                                                                                    Room, 707–447–7864.



                                             II. Background                                                 April 9, 2018 (83 FR 15055), is effective                                    DEPARTMENT OF DEFENSE
                                                                                                            on June 2, 2018.
                                                On January 23, 2017, MSHA                                                                                                                Department of the Army
                                             published a final rule (January 2017                           David G. Zatezalo,
                                             rule) amending the standards then in                           Assistant Secretary of Labor for Mine Safety                                 32 CFR Part 518
                                             effect on examinations of working                              and Health.
                                                                                                                                                                                         [Docket ID: USA–2017–HQ–0006]
                                             places in metal and nonmetal mines, 30                         [FR Doc. 2018–08240 Filed 4–18–18; 8:45 am]
                                             CFR 56.18002 and 57.18002 (82 FR                               BILLING CODE 4520–43–P                                                       RIN 0702–AA79
                                             7680). The January 2017 final rule,
                                             which was scheduled to become                                                                                                               The Freedom of Information Act
                                                                                                                                                                                         Program
                                             effective on May 23, 2017, was stayed
rmajette on DSKBCKNHB2PROD with RULES




                                             until June 2, 2018 (82 FR 46411). On                                                                                                        AGENCY:        Department of the Army, DoD.
                                             September 12, 2017, MSHA published a                                                                                                        ACTION:       Final rule.
                                             proposed rule that would make limited
                                             changes to the January 2017 final rule                                                                                                      SUMMARY:  This final rule removes the
                                             (82 FR 42765). The final rule, published                                                                                                    Department of the Army’s regulation
                                                                                                                                                                                         concerning the Freedom of Information
                                                                                                                                                                                         Act program. On February 6, 2018, the


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Document Created: 2018-04-19 00:41:25
Document Modified: 2018-04-19 00:41:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAnnouncement of public meetings.
DatesThe meeting dates and locations are listed in the SUPPLEMENTARY INFORMATION section of this document.
ContactSheila 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 Citation83 FR 17293 
RIN Number1219-AB87
CFR Citation30 CFR 56
30 CFR 57

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