[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Proposed Rules]
[Pages 68783-68784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27397]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AB84


Refuge Alternatives for Underground Coal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Reopen the record and extend the comment period.

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[[Page 68784]]

SUMMARY: The Mine Safety and Health Administration (MSHA) is reopening 
the rulemaking record for MSHA's existing rule on Refuge Alternatives 
for the limited purpose of obtaining comments on the frequency for 
motor task (also known as ''hands-on'' training), decision-making, and 
expectations training for miners to deploy and use refuge alternatives 
in underground coal mines. The U.S. Court of Appeals for the District 
of Columbia Circuit remanded a training provision in the Refuge 
Alternatives rule, directing MSHA to explain the basis for requiring 
motor task (hands-on), decision-making, and expectations training 
annually rather than quarterly or to reopen the record and allow public 
comment. MSHA published a notice reopening the record on August 8, 
2013, with comments due by October 7, 2013. Due to the government 
shutdown, the public requested additional time to comment. This notice 
reopens the rulemaking record to provide an additional opportunity for 
public comment.

DATES: Comments must be received by midnight Eastern Standard Time on 
December 16, 2013.

ADDRESSES: Submit comments, identified by ``RIN 1219-AB84'', by any of 
the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: zzMSHA-comments@dol.gov. Include ``RIN 1219-AB84'' 
in the subject line of the message.
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
     Hand Delivery/Courier: MSHA, 1100 Wilson Boulevard, 
Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through 
Friday, except Federal holidays. Sign in at the receptionist's desk on 
the 21st floor.
    Instructions: All submissions must include the Agency name ``MSHA'' 
and ``RIN 1219-AB84'' and will be posted without change on http://www.regulations.gov and on http://www.msha.gov/currentcomments.asp, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov or http://www.msha.gov/currentcomments.asp. Review the docket in person at the Office of 
Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 
2350, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday 
through Friday, except Federal holidays. Sign in at the receptionist's 
desk on the 21st floor.
    Availability of Information: To subscribe to receive an email 
notification when MSHA publishes rulemaking documents in the Federal 
Register, go to http://www.msha.gov/subscriptions/subscribe.aspx.

FOR FURTHER INFORMATION CONTACT: George F. Triebsch, Director, Office 
of Standards, Regulations, and Variances, MSHA, at 
triebsch.george@dol.gov (email); 202-693-9440 (voice); or 202-693-9441 
(facsimile). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: MSHA published a final rule on refuge 
alternatives on December 31, 2008 (73 FR 80656), establishing 
requirements for refuge alternatives in underground coal mines. On 
January 13, 2009, the United Mine Workers of America (UMWA) petitioned 
the U.S. Court of Appeals for the District of Columbia Circuit (Court) 
to review MSHA's refuge alternatives final rule. The Court issued its 
decision on October 26, 2010, holding that the Secretary had not 
adequately explained the basis for requiring motor task (hands-on), 
decision-making, and expectations training only annually, rather than 
quarterly. The Court remanded the training provision and ordered MSHA 
to either ``provide an explanation . . . or . . . reopen the record, 
and afford interested parties an opportunity to comment.'' [United Mine 
Workers v. MSHA, 626 F.3d 84, 86, and 90-94 (D.C. Cir. 2010)]
    In response to the Court's decision, MSHA reopened the record on 
August 8, 2013 (78 FR 48592) and the comment period closed on October 
7, 2013. MSHA received a request from the public that, because of the 
confusion that occurred during the government shutdown from October 1 
to October 17, 2013, the Agency allow additional time to address the 
issues described in the reopening notice. In support of the request, 
the requester stated that the public had 7 fewer days to comment. The 
requester believed that MSHA staff would not be available to receive or 
verify receipt of the comments.
    This notice reopens the record to provide the public an additional 
opportunity to comment. Please limit your comments to the questions in 
the notice published on August 8, 2013 (78 FR 48592). MSHA will review 
the comments to determine an appropriate course of action for the 
Agency in response to comments. MSHA will publish its response in the 
Federal Register addressing the public comments and either explaining 
the reason that it is leaving the existing rule unchanged or modifying 
the rule as the result of the public comment process.

List of Subjects in 30 CFR Part 75

    Coal mines, Mine safety and health, Reporting and recordkeeping 
requirements, Safety, Training programs, Underground mining.

    Authority:  30 U.S.C. 811.

    Dated: November 12, 2013.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2013-27397 Filed 11-14-13; 8:45 am]
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