[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Proposed Rules]
[Pages 52640-52641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25163]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 6, 18, 19, 20, 21, 22, 23, 26, 27, 29, 33, and 35
RIN 1219-AA87
Testing and Evaluation by Nationally Recognized Testing
Laboratories and Use of Equivalent Testing and Evaluation Requirements
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Proposed rule; Notice of public hearing.
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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold a
public hearing on its proposed regulations for testing and evaluation
of products by nationally recognized testing laboratories (NRTL) and
the use of equivalent testing and evaluation requirements. The purpose
of the hearing is to receive relevant comments on these proposed
changes to MSHA's regulations for the approval of products for use in
underground mines and to respond to questions from the public about
these proposed changes.
DATES: The hearing will be held on Wednesday, November 15, 1995, in
Washington, PA beginning at 9:00 a.m. The public record will close on
December 15, 1995.
ADDRESSES: The hearing will be held at the Ramada Inn, Suite B and C,
1170 W. Chestnut Street, Washington, PA 15301. For hotel reservations
contact Lisa at 412-225-9750.
Send requests to make oral presentations to the Mine Safety and
Health Administration; Office of Standards, Regulations, and Variances;
4015 Wilson Boulevard, Room 631; Arlington, VA 22203; FAX: 703-235-
5551. Requests to make oral presentations also can be made by calling
the MSHA Office of Standards, Regulations, and Variances at 703-235-
1910.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office
of Standards, Regulations, and Variances; 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Background
On November 30, 1994, MSHA published a proposed rule (59 FR 61376)
to revise its existing standards for testing and evaluating products
for approval for use in underground mines. The comment period closed on
February 21, 1995.
The proposal would require manufacturers of certain products to use
[[Page 52641]]
a private sector laboratory recognized by the Occupational Safety and
Health Administration (OSHA) as a Nationally Recognized Testing
Laboratory (NRTL) to perform the necessary testing and evaluation for
MSHA approvals. This would revise MSHA's testing and evaluation
responsibilities and allow the Agency to expand its post-approval
product audit program and pursue the evaluation of new safer technology
as applied to underground mining products.
The proposal also would enable the Agency, upon an applicant's
request, to approve products based upon testing and evaluation
requirements other than MSHA's, provided that the alternative
requirements are equivalent to MSHA's requirements and provide at least
the same measure of protection for the miner.
II. Issues
Commenters questioned a number of provisions contained in the
proposal. A major area of concern was the increased cost and the
interrelationship between NRTL testing and MSHA approval. Many
commenters stated that requiring a manufacturer to obtain testing and
evaluation by a private sector laboratory would increase costs. These
commenters expressed concern that the increased flexibility and other
benefits of the proposed rule would not offset these increased costs.
Other issues of particular concern include: (1) The potential delay
anticipated by some manufacturers and mine operators in receiving MSHA
approval; (2) the means for determining equivalent testing and
evaluation requirements and the use of international standards; (3) the
acceptance in the MSHA/OSHA NRTL program of laboratories certified
under international standards; and (4) the potential for product
testing and evaluation to be limited to a single private sector
laboratory.
MSHA specifically solicits additional suggestions and comments on
these issues at the public hearing, as well as comments on any other
aspects of the proposed rule.
III. Conduct of Hearing
The hearing will be conducted in an informal manner by a panel of
MSHA officials. The order of appearance of persons making presentations
will be determined by the Agency and, immediately before the hearing,
any unallotted time will be made available to persons making late
requests. Although formal rules of evidence will not apply, the
presiding official may exercise discretion in excluding irrelevant or
unduly repetitious material and questions.
The hearing will begin with an opening statement from MSHA followed
by an opportunity for members of the public to make oral presentations.
During these presentations, the hearing panel will be available to
answer relevant questions. At the discretion of the presiding official,
speakers may be limited to a maximum of 20 minutes for their
presentations. Time will be made available at the end of the hearings
for rebuttal statements.
Verbatim transcripts of the proceedings will be taken and made a
part of the rulemaking record. Copies of the hearing transcript will be
made available for review by the public.
MSHA also will accept additional written comments and other
appropriate data from any interested party, including those not
presenting oral statements. Written comments and data submitted to MSHA
will be included in the rulemaking record. To allow for the submission
of any post-hearing comments, the record will remain open until
December 15, 1995.
Dated: October 4, 1995.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 95-25163 Filed 10-6-95; 8:45 am]
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