[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 [www.gpo.gov]
[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:
     Federal E Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     E Mail: [email protected].
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202-5452.
     Hand Delivery or Courier: 201 12th Street South, Suite 
4E401, Arlington, Virginia, between 9:00 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.
     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 http://www.regulations.gov. 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 [email protected] 
(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 
https://arlweb.msha.gov/currentcomments.asp.

Public Participation

    A. To speak in the hearing:
     Those who wish to speak during the virtual public hearing 
are asked to register here (https://www.msha.gov/form/safety-program-surface-mobile-equipment-proposed-rule-virtual-public-hearing) by 5 
p.m. Eastern Standard Time on Monday, January 10, 2022.
     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:
     Pre-registration is not required to attend the hearing.
     To attend by Phone:
     Dial the toll-free conference number: 877-465-7975.
     Attendee access code: 2760 635 2000.
     To attend by WebEx:
     To log into the virtual public hearing, go to: https://usdol.webex.com.
     Enter Meeting number: 2760 635 2000.
     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