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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules Proposed 56.23003a4, 57.23003a4 and 77.2103a4 would require operators to train miners and other persons at the mine necessary to perform work e.g., office workers to identify and address or avoid hazards related to surface mobile equipment.
Training provided under this section would be met through existing training requirements, which include but are not limited to 30 CFR part 46Training and Retraining of Miners Engaged in Shell Dredging or Employed At Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines 46.3, 46.4, 46.5, 46.7, 46.8, 46.11, and 46.12; part 48Training and Retraining of Miners 48.23, 48.25, 48.26, 48.27, 48.28, and 48.31; and part 77 Mandatory Safety Standards, Surface Coal Mines and Surface Work Areas of Underground Coal Mines 77.404b and 77.1708.
Proposed 56.23003b, 57.23003b and 77.2103b would require the responsible person to evaluate and update the written safety program at least annually or as mining conditions or practices change, accidents or injuries occur, or as surface mobile equipment changes, or modifications are made. This proposed requirement would assure that the written safety program remains relevant and up to date. If a mine operator determines that the controls and procedures identified in the safety program are not effective or are no longer relevant, further measures would need to be identified and implemented to assure miners safety. Similarly, mine operators would also need to evaluate safety programs during seasonal weather condition changes or whenever work processes or practices change. In fact, best practices shown by NIOSH, OSHA, and other voluntary consensus standards organizations include ongoing evaluations of workplace activities and processes for hazards. These ongoing evaluations could result in identifying new hazards, taking corrective actions, and investigating accidents and nearmisses to determine root causes and
making this information available to all miners at the mines.
E. Sections 56.23004, 57.23004 and 77.2104Record and Inspection Proposed 56.23004, 57.23004 and 77.2104 would require that the mine operator make available a copy of the written safety program for inspection by authorized representatives of the Secretary, miners, and representatives of miners, and provide a copy upon request.
F. 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 the aspects of the safety programs that work best and are most effective. The Agency also is interested in comments on MSHAs proposal to require a written safety program for mine operators employing six or more miners. If a commenter marks parts of a comment as business confidential information, MSHA will not post those parts of the comment. The Agency is interested in receiving comments from all members of the mining community and all interested stakeholders. Where possible, please include specific examples to support the rationale.
III. Executive Order 12866: Regulatory Planning and Review; and Executive Order 13563: Improving Regulation and Regulatory Review Executive Orders E.O. 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.
Under E.O. 12866, a significant regulatory action is one that meets any
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of a number of specified conditions, including the following: Having an annual effect on the economy of $100
million or more, creating a serious inconsistency or interfering with an action of another agency, materially altering the budgetary impact of entitlements or the rights of entitlement recipients, or raising novel legal or policy issues. MSHA has determined that the proposal would not be an economically significant regulatory action, pursuant to section 3f of E.O.
12866, because this proposal would not have an annual effect of $100 million or more on the economy.
This section provides a summary of MSHAs cost and benefit estimates of the proposal. The proposed rule is estimated to have a 10-year total net benefit of $343.0 million at a 7 percent discount rate, based on estimated benefits of $470.9 million and costs of $127.9 million. At that 7 percent discount rate, the estimated annualized net benefit is $45.6 million annualized benefits of $62.7 million and annualized costs of $17.0 million. Supporting materials and data that provide additional details on the methodology used to estimate the costs, benefits, and other required analyses of the proposal are included in the proposed rule docket at https www.regulations.gov/
docket?D=MSHA-2018-0016 and are posted on MSHAs website at https
www.msha.gov.
A. Regulated Industry Description The proposal would apply to surface mines and surface areas of underground mines, for mines employing six or more miners. As of 2018, there were 12,281
mines in the U.S.1087 coal mines and 11,194 metal and nonmetal MNM
mines. Of those mines, 5,027 mines about 41 percent had six or more miners working and would be subject to this proposal. Among a total of 223,289
workers at U.S. mines, 162,718 were reported to be miners. About 88 percent of the miners were working at mines with six or more miners. See Table 1 for additional details.

TABLE 1MINES AND EMPLOYMENT IN 2018

lotter on DSK11XQN23PROD with PROPOSALS1

Number of mines
Number of miners
Total employment
U.S. Total
Subject to Proposed Rule:
Coal mines with six or more miners
MNM mines with six or more miners

12,281

162,718

223,289

584
4,443

25,626
117,343

46,178
146,459

Subtotal

5,027

142,969

192,637

Not Subject to Proposed Rule:
Coal mines with five or fewer miners

503

1,379

7,238

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