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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules must be clearly identified with RIN
1219AB91 or Docket No. MSHA 2018
0016, and be sent to both MSHA and the Office of Management and Budget OMB.
Comments to MSHA may be sent by one of the methods in the ADDRESSES
section above.
Comments to OMB may be sent by mail to the Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, 725 17th Street NW, Washington, DC 20503, Attn:
Desk Officer for DOL MSHA.
FOR FURTHER INFORMATION CONTACT:
Jessica Senk, Director, Office of Standards, Regulations and Variances, MSHA at Senk.Jessica@dol.gov email, 2026939440 voice or 2026939441
facsimile.
SUPPLEMENTARY INFORMATION:

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Table of Contents I. Background Information A. Request for Information RFI
B. Comments Received on the RFI
C. Workplace Safety Programs D. Written Safety Program for Surface Mobile Equipment II. Section-by-Section Analysis A. Sections 56.23000, 57.23000, and 77.2100Purpose and Scope B. Sections 56.23001, 57.23001, and 77.2101Definitions C. Sections 56.23002, 57.23002, and 77.2102Written Safety Program D. Sections 56.23003, 57.23003, and 77.2103Requirements for Written Safety Program E. Sections 56.23004, 57.23004, and 77.2104Record and Inspection F. Request for Comments III. Executive Order 12866: Regulatory Planning and Review; and Executive Order 13563: Improving Regulation and Regulatory Review A. Regulated Industry Description B. Benefits C. Compliance Costs D. Net Benefits E. Request for Comments IV. Feasibility A. Technological Feasibility B. Economic Feasibility V. Regulatory Flexibility Analysis RFA and Small Business Regulatory Enforcement Fairness Act SBREFA and Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking A. Definition of a Small Mine B. Factual Basis for Certification VI. Paperwork Reduction Act of 1995
A. Summary B. Procedural Details VII. Regulatory Alternative VIII. Other Regulatory Considerations A. The Unfunded Mandates Reform Act of 1995
B. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families
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C. Executive Order 12630: Government Actions and Interference with Constitutionally Protected Property Rights D. Executive Order 12988: Civil Justice Reform E. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use IX. References
I. Background Information At surface mines and at surface areas of underground mines, a wide range of mobile and powered haulage equipment is in use. Examples of such equipment are bulldozers, front-end loaders, skid steers, and haul trucks. While accidents at mines are declining, accidents involving mobile and powered haulage equipment are still a leading cause of fatalities in mining. Of all 739 fatalities that occurred at U.S. mines between 2003 and 2018, 109 were caused by hazards related to working near or operating mobile and powered haulage equipment at mines with six or more miners. To reduce the number of injuries and fatalities involving mobile and powered haulage equipment, the Mine Safety and Health Administration MSHA has launched several actions, including providing technical assistance, developing training materials, and gathering information from the public and mining stakeholders. MSHA is now proposing a rule to improve safety in the use of surface mobile equipment, defined as mobile and powered haulage equipment except belt conveyors, at surface mines and surface areas of underground mines.
This proposal is based on the information gathered from many stakeholders; the details are presented in the section-by-section analysis portion of this preamble.
A. Request for Information RFI
On June 26, 2018, MSHA published a request for information RFI, Safety Improvement Technologies for Mobile Equipment at Surface Mines, and for Belt Conveyors at Surface and Underground Mines 83 FR 29716, that focused on technologies for reducing accidents involving mobile equipment at surface mines and surface areas of underground mines, and belt conveyors at surface and underground mines.
The RFI also requested information from the mining community on what types of engineering controls are
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available, how to implement such engineering controls, and how these controls could be used in mobile equipment and belt conveyors to reduce accidents, fatalities, and injuries. MSHA
sought information and data on: 1 Seat belt interlock systems or other controls that affect equipment operation when the seat belt is not properly fastened; 2
collision warning systems and collision avoidance systems that may reduce collisions or prevent accidents by decreasing blind areas that are invisible to equipment operators due to direct line of sight or other reasons; 3
technologies that would provide equipment operators better information regarding their location in relation to the edge of highwalls or dump points;
4 use of autonomous mobile equipment at surface mines; 5
technologies that provide additional protections from accidents related to working near or around belt conveyors;
and 6 training and technical assistance that improve equipment operators awareness of hazards at the mine site, and assure miners lock and tag conveyor belts before performing maintenance work.
To encourage additional public participation, the Agency held six stakeholder meetings and one webinar in August and September 2018. The meetings were held in Birmingham, Alabama; Dallas, Texas; Reno, Nevada;
Beckley, West Virginia; Albany, New York; and Arlington, Virginia.
B. Comments Received on the RFI
All commenters supported MSHAs focused efforts to improve miner safety related to the operation of surface mobile equipment. Some emphasized the use of technologies to achieve this goal, while others argued for the importance of non-technological interventions such as safety programs to bring behavioral and cultural changes.
Commenters also differed in how technological and non-technological interventions should be implemented.
Several commenters supported incorporating new technologies into the workplace to reduce accidents, injuries, and fatalities. One commenter noted that the use of current automobile technologies such as collision avoidance systems, collision warning systems, seat belt warning signals, and other engineering controls could add muchneeded improvement in preventing collision accidents or mitigating their impacts.
A majority of commenters noted, however, that the application of engineering controls or technologies needs further review by MSHA and the National Institute for Occupational
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