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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules E. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks MSHA has determined that the proposal would not have an adverse impact on children. Accordingly, E.O.
13045 requires no further Agency action or analysis.
F. Executive Order 13132: Federalism MSHA has determined that the proposal would not have federalism implications because it would not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Accordingly, E.O.
13132 requires no further Agency action or analysis.

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G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments MSHA has determined that the proposal would not have tribal implications because it would not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Accordingly, E.O. 13175 requires no further Agency action or analysis.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use E.O. 13211 requires agencies to publish a statement of energy effects when a rule has a significant energy action that adversely affects energy supply, distribution, or use. MSHA
reviewed the proposal for its energy effects on the production of coal and uranium mining. The proposal would result in annualized costs of approximately $16.7 million to covered surface mines and surface areas of underground mines. The Energy Information Administrations annual uranium report for 2018 shows, Owners and operators of U.S. civilian nuclear power reactors civilian owner/
operators, or COOs purchased a total of 43 million pounds U3O8e equivalent of deliveries from U.S. suppliers and foreign suppliers during 2017, at a weighted-average price of $38.80 per pound, which is approximately $1.7
billion. Given that domestic nuclear plants represent only 19.3 percent of the U.S. electrical production and using average annual costs of the entire proposal, the impact to the domestic energy production could not reach 1

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percent. Coal mining industry has an annual revenue of $27.2 billion See Table 2. Under this proposal, annual costs impacting the total coal production of 756 million tons would not affect national energy production costs by more than 1 percent or reduce annual coal production by 5 million tons. MSHA has concluded that it is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Accordingly, under this analysis, no further Agency action or analysis is required.
IX. References American Society of Safety Professionals ASSP, Occupational Health and Safety Management Systems, ANSI/ASSP Z10
2012, R2017.
International Standards Organization ISO, Occupational Health and Safety Management SystemsRequirements With Guidance for Use ISO 45001:2018. Occupational Health and Safety Assessment Series OHSAS
18001.

List of Subjects 30 CFR Parts 56 and 57
Metal and nonmetal mining, Mine safety and health, Surface mining, Mobile equipment safety program, Reporting and recordkeeping requirements, and Underground mining.
30 CFR Part 77
Coal mining, Mine safety and health, Surface mining, Mobile equipment safety program, Reporting and recordkeeping requirements, and Underground mining.
Patricia W. Silvey, Deputy Assistant Secretary of Labor for Mine Safety and Health.

For the reasons set out in the preamble, and under the authority of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006, MSHA is proposing to amend chapter I of title 30
of the Code of Federal Regulations as follows:
PART 56SAFETY AND HEALTH
STANDARDSSURFACE METAL AND
NONMETAL MINES
1. The authority citation for part 56
continues to read as follows:

Authority: 30 U.S.C. 811.

2. Add subpart T to Part 56 to read as follows:

Subpart TSafety Program For Surface Mobile Equipment Sec.

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56.23000 Purpose and scope.
56.23001 Definitions.
56.23002 Written safety program.
56.23003 Requirements for written safety program.
56.23004 Record and inspection.
56.23000

Purpose and scope.

This subpart requires mine operators employing six or more miners to develop, implement, and update a written safety program for surface mobile equipment to reduce the number and rates of accidents, injuries, and fatalities. This subpart applies to surface mobile equipment at surface metal and nonmetal mines. The purpose of this safety program is to promote and support a positive safety culture and improve miners safety at the mine.
56.23001

Definitions.

The following definitions apply in this subpart Responsible person means a person with authority and responsibility to evaluate and update a written safety program for surface mobile equipment.
Surface mobile equipment means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved, and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface metal and nonmetal mines.
56.23002

Written safety program.

a Each operator subject to this subpart shall develop and implement a written safety program for surface mobile equipment that contains the elements in this subpart, no later than DATE 6 months after the effective date of the final rule.
b Each operator subject to this subpart shall designate a responsible person to evaluate and update the written safety program, no later than DATE 6 months after the effective date of the final rule.
56.23003
program.

Requirements for written safety
a The mine operator shall develop and implement a written safety program that includes actions the operator would take to:
1 Identify and analyze hazards and reduce the resulting risks related to the movement and the operation of surface mobile equipment;
2 develop and maintain procedures and schedules for routine maintenance and non-routine repairs for surface mobile equipment;
3 identify currently available and newly emerging feasible technologies that can enhance safety at the mine and evaluate whether to adopt them; and
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