Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46411 

§ 1.430(h)(3)–1(a) are used to determine 

a CSEC plan’s current liability for 

purposes of applying the rules of section 

433(c)(7)(C). Either the static mortality 

tables used pursuant to § 1.430(h)(3)– 

1(a)(3) or generational mortality tables 

used pursuant to § 1.430(h)(3)–1(a)(2) 

may be used for a CSEC plan for this 

purpose, but substitute mortality tables 

under § 1.430(h)(3)–2 may not be used 

for this purpose. 

(b) Effective/applicability date. This 

section applies for plan years beginning 

on or after January 1, 2018. 

Kirsten Wielobob, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: August 21, 2017. 

David Kautter, 

Assistant Secretary of the Treasury for Tax 

Policy. 

[FR Doc. 2017–21485 Filed 10–3–17; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 56 and 57 

[Docket No. MSHA–2014–0030] 

RIN 1219–AB87 

Examinations of Working Places in 

Metal and Nonmetal Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Final rule; stay of effective date; 

reinstatement of rules. 

SUMMARY: The Mine Safety and Health 

Administration is staying the effective 

date of the Agency’s January 23, 2017, 

final rule that amended standards for 

examination of working places in metal 

and nonmetal mines to June 2, 2018. 

MSHA also is reinstating the provisions 

of the working place examinations 

standards that were in effect as of 

October 1, 2017. This stay and 

reinstatement offers additional time for 

MSHA to provide stakeholders training 

and compliance assistance. 

DATES: As of October 5, 2017, 30 CFR 

56.18002 and 57.18002 are stayed until 

June 2, 2018, and 30 CFR 56.18002T and 

57.18002T are added until June 2, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Sheila A. McConnell, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at mcconnell.sheila.a@dol.gov 

(email); 202–693–9440 (voice); or 202– 

693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Stay of Effective Date 

On January 23, 2017, MSHA 

published a final rule in the Federal 

Register (82 FR 7680) amending the 

Agency’s standards for the examination 

of working places in metal and 

nonmetal (MNM) mines (January 2017 

final rule). The final rule was scheduled 

to become effective on May 23, 2017. On 

May 22, 2017, MSHA published a final 

rule delaying the effective date to 

October 2, 2017 (82 FR 23139). On 

September 12, 2017, MSHA proposed to 

further delay the effective date of the 

final rule from October 2, 2017 to March 

2, 2018 (82 FR 42765). The comment 

period for the proposed delay of the 

final rule’s effective date closed on 

September 26, 2017. 

In the same issue of the Federal 

Register, MSHA reopened the 

rulemaking record and proposed to 

amend the January 2017 final rule with 

regard to the timing of the working 

place examination and contents of the 

examination record (82 FR 42757). 

MSHA has scheduled four public 

hearings from October 24, 2017, to 

November 2, 2017, at various locations, 

to provide the members of the public an 

opportunity to present their views on 

the limited changes being proposed. The 

comment period for the proposed 

limited changes closes on November 13, 

2017. 

Most commenters on the proposed 

rule to delay the effective date of the 

final rule supported extending the date 

beyond October 2, 2017. One 

commenter who supported extending 

the effective date to March 2, 2018, 

stated that the extension of time would 

offer additional time for MSHA to 

provide stakeholders training and 

compliance assistance, would further 

permit MSHA to address issues raised 

by stakeholders during quarterly 

training calls and stakeholder meetings 

and compliance assistance visits, and 

would also provide MSHA more time to 

train its inspectors to help ensure 

consistency in MSHA enforcement. This 

commenter also supported a further 

delay of the effective date of the final 

rule, should such be required, if the 

Agency has yet to achieve its stated 

goals. 

Many commenters stated that an 

extension beyond October 2, 2017 is 

necessary and appropriate and 

recommended an indefinite suspension 

of the effective date. The commenters 

maintained that, since substantive 

changes to the January 2017 final rule 

were proposed at the same time as the 

proposed delay, it is imprudent to 

establish any effective date until an 

amended final rule is promulgated and 

the substance of the rule is known. In 

addition, they acknowledged MSHA’s 

stated intent to provide compliance 

assistance to industry and specific 

training to inspectors prior to the 

effective date. The commenters 

expressed concern that, for any 

compliance assistance measures to have 

any meaning, it is necessary for the 

exact terms of the final rule to be known 

before the final rule’s effective date. 

Then, after the period of compliance 

assistance from MSHA, mine operators 

will be required to develop appropriate 

compliance programs to comply with 

the final rule. Given the uncertainty of 

the final rule’s provisions and the 

compliance assistance efforts to be 

scheduled, the commenters believed 

that an appropriate effective date cannot 

be established. 

Other commenters stated that the 

proposed delay to March 2, 2018, was 

arbitrary and does not increase the 

likelihood that MSHA will complete all 

of the compliance assistance, outreach, 

and training tasks in that timeframe, or 

that the MNM industry will be ready to 

comply on the new effective date. They 

recommended that MSHA establish an 

effective date that is six months after the 

date on which any changes to the final 

Examinations rule are published in the 

Federal Register. 

MSHA agrees with commenters who 

support an extension beyond the 

proposed March 2, 2018 effective date 

so that the Agency will complete its 

stated goals by the effective date of the 

final rule. To ensure compliance 

readiness on that date, MSHA is 

developing compliance assistance 

materials to assist the industry. A stay 

beyond the proposed March 2, 2018, 

effective date will provide MSHA the 

time and flexibility to make these 

materials available to stakeholders and 

post them on MSHA’s Web site 

(www.msha.gov); hold informational 

stakeholder meetings at various 

locations around the country; and focus 

on compliance assistance visits in other 

areas of the country, as well as ensure 

all issues at these meetings and visits 

are addressed. Additional time will also 

allow MSHA to train its inspectors to 

ensure consistent enforcement. MSHA 

will make the Agency’s inspector 

training materials available to the 

mining community to assist miners and 

mine operators in effectively 

implementing the rule, thus enhancing 

the safety of miners. 

Labor union commenters did not 

support the proposed delay in the 

effective date, stating that a delay was 

unnecessary and miners’ health and 

safety would be affected by an 

extension. Labor also stated that the 


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46412 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

January 2017 final rule made only minor 

changes. 

Staying the effective date does not 

negatively affect miners’ safety and 

health; the standards that have been in 

effect for many years are reinstated and 

MSHA will continue to enforce those 

standards. MSHA will also continue to 

proactively provide compliance 

assistance and training needed to assure 

that miners’ safety and health are 

protected. Staying the effective date of 

the January 2017 rule is necessary so 

that the diverse MNM mining industry 

is provided the educational, technical, 

and compliance assistance to ensure 

miners’ safety and health and to comply 

with final rule requirements. The 

diversity in the MNM mining industry 

relates not only to commodities 

produced at mines and mills, but also 

differences for small and large mines in 

complying with the final rule. Based on 

data reported to MSHA, 90 percent of 

over 11,000 MNM mines employ fewer 

than 20 miners and almost all (98 

percent) are surface mines. 

Since most MNM mines are small 

operations, MSHA recognizes that they 

have limited staff, including limited 

administrative staff, as well as limited 

resources, and many are located in 

remote areas. These small mines may 

have limited access or no access to the 

internet at the mine site and may rely 

on stakeholder meetings and other types 

of MSHA assistance to acquire 

informational materials needed to 

comply with the rule. In MSHA’s 

experience with previous changes to 

metal and nonmetal standards and 

regulations, outreach to these small 

mine operators requires MSHA to be 

flexible regarding different approaches 

that may be needed and regarding the 

time necessary to ensure that all miners 

and mine operators have the tools and 

the information to comply with the rule. 

MSHA has concluded that miners are 

better protected when operators and 

miners are provided needed 

informational and instructional 

materials and training and technical 

assistance regarding the rule’s 

requirements. The stayed effective date 

to June 2, 2018 provides MSHA the 

flexibility the Agency needs to promote 

compliance, thereby increasing 

protections for miners. 

Further, staying the January 2017 rule 

without also reinstating the provisions 

that were in effect as of October 1, 2017, 

would leave miners unprotected. 

Reinstatement without delay is 

necessary to continue historical 

protection of metal and nonmetal 

miners through workplace 

examinations. 

II. Other Issues 

Some commenters raised concern that 

the substance of the final rule is 

uncertain because litigation is pending 

on the January 2017 final rule. The 

commenters suggested that MSHA delay 

the effective date indefinitely until the 

rule’s status is finally resolved. These 

comments are outside the scope of the 

September 12, 2017, proposed rule, 

which was limited to delaying the rule’s 

effective date to ensure compliance 

readiness. 

III. Conclusion 

Having given due consideration to all 

comments received, MSHA has 

determined that it is appropriate to stay 

the effective date until June 2, 2018, and 

to reinstate the workplace examinations 

rules that were in effect as of October 1, 

2017. The stay will address 

commenters’ concerns regarding 

sufficient time for MSHA to fully inform 

and educate the mining community on 

the rule’s requirements. A June 2, 2018, 

effective date provides more time and 

flexibility for MSHA to complete 

development of compliance assistance 

materials and make them available to 

stakeholders, hold informational 

meetings for stakeholders and conduct 

compliance assistance visits at MNM 

mines throughout the country. In 

addition, the extension will permit more 

time for MSHA to address issues that 

have been or may be raised during 

quarterly training calls and upcoming 

stakeholder meetings and compliance 

assistance visits and to train MSHA 

inspectors to help ensure consistency in 

MSHA enforcement. MSHA has 

determined that the educational, 

technical, and compliance assistance 

that will be provided to mine operators 

and miners during the period of the 

stayed effective date will enhance their 

understanding of the rule’s 

requirements, thereby increasing 

protections for miners. 

For the foregoing reasons, MSHA has 

concluded that it is appropriate to stay 

the effective date until June 2, 2018. 

Accordingly, the effective date of the 

final rule published January 23, 2017 

(82 FR 7680), delayed on May 22, 2017 

(82 FR 23139), is stayed until June 2, 

2018. The standards that were in effect 

as of October 1, 2017, are reinstated. 

List of Subjects in 30 CFR Parts 56 and 

57 

Metals, Mine safety and health, 

Reporting and recordkeeping 

requirements. 

Dated: October 3, 2017. 

Wayne D. Palmer, 

Acting 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 

amending parts 56 and 57 as follows: 

PART 56—SAFETY AND HEALTH 

STANDARDS—SURFACE METAL AND 

NONMETAL MINES 

■ 1. The authority citation for part 56 

continues to read as follows: 

Authority: 30 U.S.C. 811. 

§ 56.18002 [Stayed] 

■ 2. Section 56.18002 is stayed until 

June 2, 2018. 

■ 3. Section 56.18002T is added until 

June 2, 2018 to read as follows: 

§ 56.18002T Examination of working 

places. 

(a) A competent person designated by 

the operator shall examine each working 

place at least once each shift for 

conditions which may adversely affect 

safety or health. The operator shall 

promptly initiate appropriate action to 

correct such conditions. 

(b) A record that such examinations 

were conducted shall be kept by the 

operator for a period of one year, and 

shall be made available for review by 

the Secretary or his authorized 

representative. 

(c) In addition, conditions that may 

present an imminent danger which are 

noted by the person conducting the 

examination shall be brought to the 

immediate attention of the operator who 

shall withdraw all persons from the area 

affected (except persons referred to in 

section 104(c) of the Federal Mine 

Safety and Health Act of 1977) until the 

danger is abated. 

PART 57—SAFETY AND HEALTH 

STANDARDS—UNDERGROUND 

METAL AND NONMETAL MINES 

■ 4. The authority citation for part 57 

continues to read as follows: 

Authority: 30 U.S.C. 811. 

§ 57.18002 [Stayed] 

■ 5. Section 57.18002 is stayed until 

June 2, 2018. 

■ 6. Section 57.18002T is added until 

June 2, 2018 to read as follows: 


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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46413 

§ 57.18002T Examination of working 

places. 

(a) A competent person designated by 

the operator shall examine each working 

place at least once each shift for 

conditions which may adversely affect 

safety or health. The operator shall 

promptly initiate appropriate action to 

correct such conditions. 

(b) A record that such examinations 

were conducted shall be kept by the 

operator for a period of one year, and 

shall be made available for review by 

the Secretary or his authorized 

representative. 

(c) In addition, conditions that may 

present an imminent danger which are 

noted by the person conducting the 

examination shall be brought to the 

immediate attention of the operator who 

shall withdraw all persons from the area 

affected (except persons referred to in 

section 104(c) of the Federal Mine 

Safety and Health Act of 1977) until the 

danger is abated. 

[FR Doc. 2017–21594 Filed 10–3–17; 4:15 pm] 

BILLING CODE 4520–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0875] 

RIN 1625–AA08 

Special Local Regulation; Ohio River, 

Louisville, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for all navigable waters of the Ohio 

River from mile marker (MM) 595.0 to 

MM 597.0. This action is necessary to 

provide for the safety of life on these 

navigable waters near Louisville, KY, 

during a regatta. Entry into, transiting 

through, or anchoring within this 

regulated area is prohibited unless 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. 

DATES: This rule is effective from 11 

a.m. on October 7, 2017 through 4 p.m. 

on October 8, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Kevin Schneider, 

Waterways Department Sector Ohio 

Valley, U.S. Coast Guard; telephone 

502–779–5333, email 

Kevin.L.Schneider@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Ohio 

Valley 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

Special Local Regulation by October 7, 

2017 and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

necessary to prevent possible loss of life 

and property. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with a regatta from 

11 a.m. on October 7, 2017 through 4 

p.m. on October 8, 2017 will present a 

safety concern on all navigable waters 

on the Ohio River extending from mile 

marker (MM) 595.0 to MM 597.0. The 

purpose of this rule is to ensure the 

safety of life and vessels on these 

navigable waters before, during, and 

after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation that will be 

enforced from 11 a.m. to 5 p.m. on 

October 7 and 11 a.m. to 4 p.m. on 

October 8. The temporary special local 

regulation will cover all navigable 

waters of the Ohio River from MM 595.0 

to MM 597.0. The duration of the 

special local regulation is intended to 

ensure the safety of waterway users and 

these navigable waters before, during, 

and after the scheduled event. No vessel 

or person is permitted to enter the 

special local regulated area without 

obtaining permission from the COTP. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the special local 

regulation. Entry into the regulated area 

will be prohibited from 11 a.m. to 5 p.m. 

on October 7 and 11 a.m. to 4 p.m. on 

October 8 from MM 595.0 to MM 597.0, 

unless authorized by the Captain of the 

Port Sector Ohio Valley (COTP) or a 

designated representative. Moreover, the 

Coast Guard will issue written Local 

Notice to Mariners and Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 about the temporary special 

local regulation that is in place. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 


ethrower on DSK3G9T082PROD with RULES