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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules occurrences are classified according to severity as follows:
1. FATAL: Occurrences resulting in death.
2. NFDL: Nonfatal occurrences with Days Lost lost workdays. That is, nonfatal injury occurrences that result in days away from work or days of restricted work activity.

3. NDL: Occurrences with No Days Lost. That is, nonfatal injury occurrences resulting in loss of consciousness or medical treatment other than first aid, but not in any lost workdays.
For the period from 2003 to 2018, MSHA identified 109 fatalities and
1,543 nonfatal injuries that involved surface mobile equipment at mines employing six or more miners. Table 3
shows the annual number of fatal and nonfatal injuries caused by operating or working near surface mobile equipment at coal and MNM mines with six or more miners, from 2003 to 2018.

TABLE 3FATALITIES AND INJURIES INVOLVING SURFACE MOBILE EQUIPMENT AT ALL COVERED MINES: 200318
Year
Fatalities
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Total

MSHA developed 10-year baseline forecasts of injuries and fatalities with the detailed coal and MNM data and the summary information shown in the
following paragraphs. Table 4 shows the numbers of fatalities and injuries that MSHA projects would occur in the absence of any changes in the existing
NFDL

7
6 11
7 8
6 9
6 3
6 5
9 5
5 10
6 109

NDL

70
94
88
104
76
100
66
76
62
55
50
53
42
40
46
49
1071

28
44
50
51
39
40
30
23
22
15
18
31
24
18
19
20
472

regulation. See the full Preliminary Regulatory Impact Analysis PRIA, which is available in the docket, for the intermediary calculations and tables.

TABLE 4BASELINE TREND FORECAST FOR FATALITIES AND INJURIES
Nonfatal Injuries Year
Fatalities NFDL

lotter on DSK11XQN23PROD with PROPOSALS1

1
2
3
4
5
6
7
8
9
10

MSHA believes that a substantial percentage of accidents involving surface mobile equipment could be reduced if operators comply with the proposed rule, and it projects that the number of fatalities and injuries would be reduced by 80 percent as a result.
MSHA believes it is likely that the severity of injuries would be reduced, creating an additional benefit, which is not quantified in this analysis. MSHA
believes that as mine operators begin the process of developing their safety program, some benefits would be realized in the first year. Because mine operators would focus on safety during
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the development of their programs, injury rates would likely start falling even before the programs were complete. In the first year, MSHA
therefore assumes injuries and fatalities would drop 10 percent equivalent also to 10 percent of the full-year potential reduction due to these improvements taking place as safety programs are finalized. Starting from the second year, MSHA expects that there would be considerably fewer accidents involving surface mobile equipment, leading to a substantial drop in the number of fatalities and nonfatal injuries. MSHA
solicits comments regarding the
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6
6 6
6 6
6 6
6 6
6

NDL
44
40
37
34
32
30
28
25
23
21

19
19
18
18
17
17
17
16
16
16

Agencys proposed regulatory effectiveness. Please provide the rationale and any supporting documentation in your comment.
Table 5 shows the projected reduction in fatalities and nonfatal injuries related to surface mobile equipment for each of 10 years after the proposal takes effect.
A break-even analysis is discussed later, in the benefit monetization section. Even though fatalities and injuries are always whole numbers, the projection of reduced fatalities and injuries includes decimal values to allow more accurate estimates of benefit monetization later. Supporting material
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