[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 47120-47122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23349]
Federal Register / Vol. 63, No. 171 / Thursday, September 3, 1998 /
Proposed Rules
[[Page 47120]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 26, 29, 57, and 75
RIN 1219-AA98
Improving and Eliminating Regulations; Lighting Equipment, Coal
Dust/Rock Dust Analyzers, and Methane Detectors
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; technical amendments.
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SUMMARY: MSHA is proposing to remove approval regulations for lighting
equipment for illuminating underground workings; portable coal dust/
rock dust analyzers; and continuous duty, warning light, portable
methane detectors. These regulations are unnecessary because they
address equipment that can be addressed by other MSHA regulations.
Removal of these parts would not reduce protection for miners. This
proposal would also make conforming amendments to safety regulations
that require the use of this approved equipment in underground coal
mines and in gassy underground metal and nonmetal mines.
DATES: Submit written comments on or before November 2, 1998.
ADDRESSES: Send comments by mail to Patricia W. Silvey, Director,
Office of Standards, Regulations, and Variances, MSHA, 4015 Wilson
Boulevard, Room 631, Arlington, VA 22203; by facsimile to MSHA, Office
of Standards, Regulations, and Variances at 703-235-5551; or by E-mail
to [email protected]. MSHA encourages commenters sending written
comments by mail or facsimile to also send a computer disk of the
comments.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office
of Standards, Regulations, and Variances, MSHA; 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Regulatory Background
In response to the Administration's regulatory reinvention
initiative, MSHA conducted a review of its existing regulations to
identify obsolete, outdated, redundant, or unnecessary provisions that
could be removed or revised without reducing protection afforded
miners. This proposed rule is part of MSHA's ongoing plan to improve
its regulations. The removal of parts 26 and 29, from title 30 of the
Code of Federal Regulations (30 CFR), would not reduce protection to
miners. These provisions are covered by other MSHA regulations.
Conforming amendments to other 30 CFR parts would be made, as
appropriate.
To increase awareness of this regulatory action, MSHA will mail a
copy of this proposed rule to all mine operators and miners'
representatives and post it on MSHA's Website.
II. Discussion of Proposed Rule
A. 30 CFR 26--Lighting Equipment for Illuminating Underground Workings
In 1958, MSHA developed the regulations in 30 CFR 26 to establish
specifications for the approval of mine lighting systems that are used
independently, i.e., not connected to an approved machine. These
specifications contain permissibility requirements to ensure that the
electric system and components do not pose an explosion hazard, and
design requirements to address the adequacy of the light intensity.
MSHA has received only one application for approval of mine lighting
systems under 30 CFR 26 since 1978.
Even though MSHA is proposing to remove 30 CFR 26, lighting systems
approved under this part could continue to be manufactured and
distributed for use in mines, as long as this was done in accordance
with the drawings and specifications upon which the approval was based
and there were no changes in the approved systems. No changes in
approved systems could be made under 30 CFR 26 once it was deleted. Any
future changes to lighting systems approved under 30 CFR 26 would
require a new application for approval under 30 CFR 18.
Currently, approvals of lighting systems which are used
independently, as well as those which are part of MSHA-approved
equipment, can be requested under the requirements of 30 CFR 18,
Electric Motor Driven Mine Equipment and Accessories. The general
requirement in 30 CFR 18, subpart A; certain design and construction
requirements in subpart B (i.e. Secs. 18.20, 18.23, 18.24, 18.25, 18.30
18.35, 18.41, 18.48, 18.50, and 18.51); and certain inspections and
tests in subpart C (i.e. Secs. 18.62, 18.66, 19.67, and 18.68), as well
as any other provisions necessary to address the design and performance
of the systems, are applicable to the approval of independent mine
lighting systems. For example, an evaluation for intrinsic safety under
30 CFR 18 includes a ``Lamp Bulb Breakage'' test which consists of
breaking the bulb in the presence of an explosive mixture of methane-
in-air. In addition to the permissibility and intrinsic safety
requirements in 30 CFR 18, provisions in 30 CFR 75.1719-1 through
75.1719-3 contain voltage limitations, specify the amount of light
required in mine workings, and address other safety requirements
applicable to mine lighting systems.
For these reasons, MSHA believes that the approval regulations in
30 CFR 26 are redundant and is proposing to remove them.
B. 30 CFR 29-Portable Coal Dust/Rock Dust Analyzers, and Continuous
Duty, Warning Light, Portable Methane Detectors for Use in Coal Mines
MSHA originally developed the regulations in 30 CFR 29 in the early
1970's to provide performance requirements for the approval of portable
coal dust/rock dust analyzers for use in measuring the incombustible
content of mine dusts; and for the approval of continuous duty, warning
light, portable methane detectors for use in providing a visual signal
of the presence of methane. At that time, MSHA anticipated that there
would be a need for the approval of these types of instruments. MSHA
has now determined, however, that the approval requirements in 30 CFR
29 for both portable coal dust/rock dust analyzers and continuous duty,
warning light, portable methane detectors are unnecessary and is
proposing to remove this part.
Even though MSHA is proposing to remove 30 CFR 29, portable coal
dust/rock dust analyzers and continuous duty, warning light, portable
methane detectors approved under this part could continue to be
manufactured and distributed for use in mines, as long as this was done
in accordance with the drawings and specifications upon which the
approval was based and there were no changes in the approved devices.
No changes in these approved devices could be made under 30 CFR 29 once
it was deleted. Any future changes to such devices approved under 30
CFR 29 would require a new application for approval under 30 CFR 18 or
22, as discussed below.
Portable coal dust/rock dust analyzers. MSHA has never issued an
approval for a portable coal dust/rock dust analyzer under 30 CFR 29.
An experimental approval was granted in the late 1980's; however, the
project was never completed. Furthermore, the performance requirements
in 30 CFR 29 for portable coal dust/rock dust analyzers are now
outdated. MSHA believes that 30 CFR 29 is no longer necessary or viable
for approval of a portable coal dust/rock dust analyzer because there
has been negligible
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interest in approval of such an instrument, and the performance
requirements are outdated. The elimination of 30 CFR 29, therefore,
would not reduce protection afforded miners by the existing standards.
Although no such request is anticipated, should portable coal dust/
rock dust analyzers be developed in the future, they could be approved
under 30 CFR 18, Electric Motor Driven Mine Equipment and Accessories.
Approvals are routinely issued under 30 CFR 18 for instruments that are
not required by regulation, but are being used in underground mines,
provided that they meet the requirements for intrinsic safety in 30 CFR
18.68 and are determined to be safe for their intended use as required
by 30 CFR 18.20(b). In addition, the general requirements in 30 CFR 18,
subpart A, as well as any other provisions necessary to address the
design and performance of the instrument, are appropriate for the
approval of portable coal dust/rock dust analyzers.
Continuous duty, warning light, portable methane detectors. MSHA
has not issued a new approval for a continuous duty, warning light,
portable methane detector under 30 CFR 29 since 1981. When 30 CFR 29
was developed, portable methane detectors approved under 30 CFR 22 did
not have continuous monitoring, nor warning or alarm capability. Since
1981, however, advancements in technology have resulted in instruments
that are suitable for approval both as portable methane detectors under
30 CFR 22 and which also have the capability to be used for continuous
personal monitoring and warning or alarm. Portable methane detectors in
use in mines now routinely have the capabilities specified in 30 CFR
29, and MSHA has approved them for the past 16 years under 30 CFR 22,
Portable Methane Detectors.
If MSHA were to receive a new request under 30 CFR 29 for approval
of a methane detector that is portable, operates continuously, and
provides a warning to the user, the Agency could conduct an equivalent
evaluation of the instrument using the approval requirements in 30 CFR
22. For these reasons, MSHA believes that 30 CFR 29 is unnecessary and
that its removal would not reduce protection afforded miners by the
existing standards.
III. Executive Order 12866
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of regulations. MSHA has determined that this
proposed rule does not meet the criteria for a significant regulatory
action and, therefore, has not prepared a separate analysis of costs
and benefits. The analysis contained in this preamble meets MSHA's
responsibilities under Executive Order 12866 and the Regulatory
Flexibility Act.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires regulatory agencies
to consider a rule's impact on small entities. Under the RFA, MSHA must
use the Small Business Administration (SBA) definition for a small mine
of 500 or fewer employees or, after consultation with the SBA Office of
Advocacy, establish an alternative definition for the mining industry
by publishing that definition in the Federal Register for notice and
comment. Although MSHA traditionally has considered small mines to be
those with fewer than 20 employees, MSHA has analyzed the impact of the
proposed rule on mines with 500 or fewer employees for the purposes of
the RFA.
Regulatory Flexibility Certification
In accordance with Sec. 605 of the RFA, MSHA certifies that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. No small governmental
jurisdictions or nonprofit organizations are affected.
Under the Small Business Regulatory Enforcement Fairness Act
(SBREFA) amendments to the RFA, MSHA must include in the proposed rule
a factual basis for this certification. The Agency also must publish
the regulatory flexibility certification in the Federal Register, along
with its factual basis. The Agency believes that this analysis provides
a reasonable basis for the certification in this case.
The Agency has provided a copy of this proposed rule and regulatory
flexibility certification statement to the SBA Office of Advocacy.
Factual Basis for Certification
MSHA used a qualitative approach in concluding that the proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule removes approval
regulations for equipment that can be approved under other existing
MSHA regulations. The benefit of removing redundant provisions is that
MSHA regulations would be more concise, clearer, easier to use, and
reflect advances in technology. This proposed rule would have no
economic impact on the mining industry.
V. Paperwork Reduction Act
This proposed rule contains no information collection requirements
subject to the Paperwork Reduction Act of 1995.
VI. Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995, as well
as Executive Order 12875, this proposed rule does not include any
Federal mandate that may result in increased expenditures by State,
local, and tribal governments, or by the private sector.
VII. Executive Order 13045
In accordance with Executive Order 13045, Protection of Children
from Environmental Health Risks and Safety Risks, MSHA has evaluated
the environmental health and safety risks of the proposed rule on
children. The Agency has determined that the proposed rule would have
no effect on children.
List of Subjects
30 CFR parts 26 and 29
Mine safety and health.
30 CFR parts 57 and 75
Mine safety and health, Underground mining.
Dated: August 24, 1998.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Accordingly, under the authority of 30 U.S.C. 957 and 961 and for
the reasons set out in the preamble, MSHA proposes to amend chapter I,
title 30 of the Code of Federal Regulations as follows:
PART 26--LIGHTING EQUIPMENT FOR ILLUMINATING UNDERGROUND WORKINGS
1. Part 26 is removed.
PART 29--PORTABLE COAL DUST/ROCK DUST ANALYZERS, AND CONTINUOUS
DUTY, WARNING LIGHT, PORTABLE METHANE DETECTORS FOR USE IN COAL
MINES
2. Part 29 is removed.
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND
NONMETAL MINES
3. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
4. Section 57.22303 is revised to read as follows:
Sec. 57.22303 Approved equipment (I-C mines).
Only electric equipment that is approved by MSHA under the
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applicable requirements of 30 CFR parts 18 through 28 shall be used
underground, except for submersible sump pumps.
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
5. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811.
6. Section 75.506 is amended by revising paragraph (d) to read as
follows:
Sec. 75.506 Electric face equipment; requirements for permissibility.
* * * * *
(d) The following equipment will be permissible electric face
equipment only if it is approved under the appropriate parts of this
chapter, or former Bureau of Mines' approval schedules, and it is in
permissible condition:
(1) Multiple-Shot Blasting Units, part 7, subpart D;
(2) Electric Cap Lamps, part 19;
(3) Electric Mine Lamps Other than Standard Cap Lamps, part 20;
(4) Flame Safety Lamps;
(5) Portable Methane Detectors, part 22;
(6) Telephone and Signaling Devices, part 23;
(7) Single-Shot Blasting Units;
(8) Lighting Equipment for Illuminating Underground Workings; and
(9) Methane-Monitoring Systems, part 27.
[FR Doc. 98-23349 Filed 9-2-98; 8:45 am]
BILLING CODE 4510-43-P