Proposed Rule2021-27478
Safety Program for Surface Mobile Equipment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 20, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
In response to a public request, the Mine Safety and Health Administration (MSHA) is reopening the rulemaking record for public comments and holding a virtual public hearing on the Agency's proposed rule addressing Safety Program for Surface Mobile Equipment.
Full Text
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<title>Federal Register, Volume 86 Issue 241 (Monday, December 20, 2021)</title>
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Proposed Rules]
[Pages 71860-71861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27478]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56, 57 and 77
[Docket No. MSHA-2018-0016]
RIN 1219-AB91
Safety Program for Surface Mobile Equipment
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Proposed rule; reopening of the rulemaking record for public
comments; notice of public hearing.
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SUMMARY: In response to a public request, the Mine Safety and Health
Administration (MSHA) is reopening the rulemaking record for public
comments and holding a virtual public hearing on the Agency's proposed
rule addressing Safety Program for Surface Mobile Equipment.
DATES:
Hearing date: The virtual public hearing will be held on January
11, 2022.
Additional information on how to participate is listed below under
SUPPLEMENTARY INFORMATION.
Reopening of the rulemaking record: The 60-day comment period for
the proposed rule, published on September 9, 2021 (86 FR 50496), closed
on November 8, 2021. In response to a public request, MSHA is now
reopening the rulemaking record for additional public comments. All
comments must be received or postmarked by 11:59 p.m.
[[Page 71861]]
Eastern Standard Time on February 11, 2022.
ADDRESSES: Submit comments and informational materials, identified by
RIN 1219-AB91 or Docket No. MSHA-2018-0016 by one of the following
methods:
<bullet> Federal E Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> E Mail: <a href="/cdn-cgi/l/email-protection#f88282b5abb0b9d59b9795959d968c8bb89c9794d69f978e"><span class="__cf_email__" data-cfemail="592323140a1118743a3634343c372d2a193d3635773e362f">[email protected]</span></a>.
<bullet> Mail: MSHA, Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia
22202-5452.
<bullet> Hand Delivery or Courier: 201 12th Street South, Suite
4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Eastern
Standard Time Monday through Friday, except federal holidays. Before
visiting MSHA in person, call 202-693-9440 to make an appointment, in
keeping with the Department of Labor's COVID-19 policy. Special health
precautions may be required.
<bullet> Fax: 202-693-9441.
Instructions: All submissions must include RIN 1219-AB91 or Docket
No. MSHA 2018-0016. Do not include personal or proprietary information
that you do not wish to disclose publicly. If a commenter marks parts
of a comment as ``business confidential'' information, MSHA will not
post those parts of the comment. Otherwise, MSHA will post all comments
without change, including personal information.
Docket: For access to the docket to read comments and background
documents, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. The docket can also be
reviewed in person at MSHA, Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, Virginia, between 9:00
a.m. and 5:00 p.m. (Eastern Standard Time) Monday through Friday,
except federal holidays. Before visiting MSHA in person, call 202-693-
9455 to make an appointment, in keeping with the Department of Labor's
COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: Aromie Noe, Acting Director, Office of
Standards, Regulations and Variances, MSHA at <a href="/cdn-cgi/l/email-protection#317f5e541f625e5f561c70541f7071555e5d1f565e47"><span class="__cf_email__" data-cfemail="8ec0e1eba0dde1e0e9a3cfeba0cfceeae1e2a0e9e1f8">[email protected]</span></a>
(email), 202-693-9440 (voice) or 202-693-9441 (facsimile). (These are
not toll free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
On September 9, 2021, MSHA published a proposed rule (86 FR 50496)
that would require that mine operators employing six or more miners
develop and implement a written safety program for mobile and powered
haulage equipment (excluding belt conveyors) at surface mines and
surface areas of underground mines. The written safety program would
include actions mine operators would take to identify hazards and risks
to reduce accidents, injuries, and fatalities related to surface mobile
equipment. The proposal would offer mine operators flexibility to
devise a safety program that is appropriate for their specific mining
conditions and operations. The 60-day comment period closed on November
8, 2021. However, in response to a public request, the MSHA will hold a
virtual public hearing to receive additional comments and data from
stakeholders on the proposed rule. The comment period is reopened until
February 11, 2022. Comments received since November 8, 2021 will also
be made a part of the rulemaking record.
II. Virtual Public Hearing
MSHA will hold a virtual public hearing on the proposed rule to
provide the public with an opportunity to present oral statements and
other information on this rulemaking.
The virtual public hearing will be held on January 11, 2022, and
will begin at 10 a.m. Eastern Standard Time, and will end after the
last presenter speaks.
The virtual public hearing will begin with an opening statement
from MSHA, followed by an opportunity for members of the public to make
oral presentations (see Public Participation information below).
Speakers and other attendees may present information to MSHA for
inclusion in the rulemaking record.
The virtual public hearing will be conducted in an informal manner.
Formal rules of evidence or cross examination will not apply. A
verbatim transcript of the proceeding will be prepared and made a part
of the rulemaking record. Copies of the transcript will be available to
the public. The transcript may also be viewed on MSHA's website at
<a href="https://arlweb.msha.gov/currentcomments.asp">https://arlweb.msha.gov/currentcomments.asp</a>.
Public Participation
A. To speak in the hearing:
<bullet> Those who wish to speak during the virtual public hearing
are asked to register here (<a href="https://www.msha.gov/form/safety-program-surface-mobile-equipment-proposed-rule-virtual-public-hearing">https://www.msha.gov/form/safety-program-surface-mobile-equipment-proposed-rule-virtual-public-hearing</a>) by 5
p.m. Eastern Standard Time on Monday, January 10, 2022.
<bullet> Speakers will be called in the order in which they signed
up. If you do not register in advance and you wish to speak, you will
be called after all those who registered have spoken.
B. To participate by Phone or WebEx:
<bullet> Pre-registration is not required to attend the hearing.
<bullet> To attend by Phone:
<bullet> Dial the toll-free conference number: 877-465-7975.
<bullet> Attendee access code: 2760 635 2000.
<bullet> To attend by WebEx:
<bullet> To log into the virtual public hearing, go to: <a href="https://usdol.webex.com">https://usdol.webex.com</a>.
<bullet> Enter Meeting number: 2760 635 2000.
<bullet> Enter Meeting password: Welcome!24.
III. Request for Comments
MSHA is interested in any information and data associated with
safety programs for surface mobile equipment. The Agency is
particularly interested in any aspect of the safety programs that work
best and are most effective. The Agency also is interested in comments
on MSHA's proposal to require a written safety program for mine
operators employing six or more miners. Please be very specific and
include supporting rationale.
The Agency is interested in receiving comments from all members of
the mining community and all interested stakeholders. MSHA will accept
comments from any interested party, including those not presenting oral
statements during the virtual public hearing. Where possible, specific
examples to support the rationale are strongly encouraged. If a
commenter marks parts of a comment as ``business confidential''
information, MSHA will not post those parts of the comment.
The comment period is reopened until February 11, 2022. All
comments must be received or postmarked by 11:59 p.m. Eastern Standard
Time on February 11, 2022.
Patricia W. Silvey,
Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2021-27478 Filed 12-17-21; 8:45 am]
BILLING CODE 4520-43-P
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