98-10690. Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines  

  • [Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
    [Rules and Regulations]
    [Pages 20026-20030]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-10690]
    
    
    
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    _______________________________________________________________________
    
    Part IV
    
    
    
    
    
    Department of Labor
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Mine Safety and Health Administration
    
    
    
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    30 CFR Parts 56, 57, and 75
    
    
    
    Safety Standards for Roof Bolts in Metal and Nonmetal Mines and 
    Underground Coal Mines; Final Rule
    
    Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / 
    Rules and Regulations
    
    [[Page 20026]]
    
    
    
    DEPARTMENT OF LABOR
    
    Mine Safety and Health Administration
    
    30 CFR Parts 56, 57, and 75
    
    RIN 1219-AB00
    
    
    Safety Standards for Roof Bolts in Metal and Nonmetal Mines and 
    Underground Coal Mines
    
    AGENCY: Mine Safety and Health Administration (MSHA), Labor.
    
    ACTION: Final rule.
    
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    SUMMARY: MSHA is revising its safety standards for roof and rock bolts 
    at metal and nonmetal mines and underground coal mines by updating the 
    reference to the American Society for Testing and Materials (ASTM) 
    standard for roof and rock bolts and accessories. The new reference 
    reflects technological advances in the design of roof and rock bolts 
    and support materials. It will improve the level of protection provided 
    by the standards currently in use.
    
    DATES: The final rule is effective June 22, 1998.
        Compliance: Compliance is mandatory, April 22, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office 
    of Standards, Regulations, and Variances, MSHA; phone: 703-235-1910, 
    fax: 703-235-5551.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On April 28, 1997 (62 FR 22998), MSHA published a proposed rule to 
    revise its safety standards for roof and rock bolts at metal and 
    nonmetal mines and underground coal mines by updating existing 
    Secs. 56.3203, 57.3203, and 75.204 by replacing the references to the 
    ASTM standard for roof and rock bolts and accessories. The comment 
    period was scheduled to close on June 27, 1997. Due to requests from 
    the mining community, the comment period was extended to and closed on 
    July 14, 1997.
        MSHA participated in the development of ASTM F432-95 through active 
    representation at meetings of the American Mining Congress (predecessor 
    organization to the National Mining Association) Roof Support Group. 
    That committee prepared the revised document for consideration by ASTM. 
    The committee was open to all manufacturers of roof and rock bolts and 
    accessories, and considered comments from all participants in 
    developing the new specifications. MSHA Technical Support personnel 
    conducted both laboratory and field studies which provided supporting 
    data for the various changes. This rulemaking has been followed closely 
    by the National Mining Association, the United Mine Workers of America, 
    and the United Steelworkers of America.
        MSHA is updating the standards because the Agency believes that 
    ASTM F432-95 is more comprehensive than the references contained in 
    existing standards, that it reflects advances in rock and roof bolt 
    technology, and that it will provide better protection for miners than 
    the standards currently in place. As discussed below, these revisions 
    will not reduce the protection afforded miners by the MSHA standards 
    currently in place.
    
    A. Metal and Nonmetal Mines
    
        On October 8, 1986, MSHA published a final rule (51 FR 36194) 
    revising its safety standards for ground control at metal and nonmetal 
    mines. This rulemaking included comprehensive rock bolt standards in 
    Title 30 Code of Federal Regulations (30 CFR) Secs. 56/57.3203 which 
    addressed the quality of rock fixtures and their installation. Roof and 
    rock bolts and accessories are an integral part of ground control 
    systems and are used to prevent the fall of roof, face, and ribs. 
    Accidents involving falls of roof in underground mines or falls of 
    highwall in surface mines have resulted in injuries and fatalities.
        These standards currently require that metal and nonmetal mine 
    operators obtain a certification from the manufacturer that roof and 
    rock bolts and accessories are manufactured and tested in accordance 
    with the 1983 ASTM publication ``Standard Specification for Roof and 
    Rock Bolts and Accessories'' (ASTM F432-83). The ASTM standard for roof 
    and rock bolts and accessories is a consensus standard used throughout 
    the United States. It contains specifications for the chemical, 
    mechanical, and dimensional requirements for roof and rock bolts and 
    accessories used for ground support systems.
        The manufacturer's certification is made available to an authorized 
    representative of the Secretary to attest to the appropriate testing 
    and manufacture of the rock bolts and accessories. Requiring that the 
    mine operator obtain a certification from the manufacturer assures mine 
    operators that the material they use meets technical requirements 
    established to promote safety.
    
    B. Underground Coal Mines
    
        MSHA published a final rule for roof support in underground coal 
    mines on February 8, 1990 (55 FR 4592) revising paragraphs (a) and (b) 
    of Sec. 75.204. This standard references ASTM publication ``Standard 
    Specification for Roof and Rock Bolts and Accessories'' (ASTM F432-88), 
    which was the most recent revision available at that time. This 
    standard also required mine operators to obtain a certification from 
    the manufacturer that roof and rock bolts and accessories are 
    manufactured and tested in accordance with ASTM F432-88. To comply with 
    this rule, mine operators are required to provide the certification 
    document, upon request, to an authorized representative of the 
    Secretary to confirm that their roof and rock bolts are designed and 
    tested in accordance with the ASTM standard.
        This reference to the ASTM standard performs the same function as 
    the reference to the 1983 ASTM standard for metal and nonmetal mining 
    application. That is, the certificate assures mine operators that the 
    material they use meets technical requirements established to promote 
    safety.
    
    II. Discussion
    
        In promulgating this final rule, MSHA has addressed the comments 
    received during the rulemaking process, and has developed practical 
    requirements. Both costs and benefits were also considered.
        MSHA has found that the existing certification requirement has been 
    successful in maintaining compliance with requirements for roof and 
    rock bolts and accessories. MSHA, therefore, is retaining the 
    certification requirement and updating existing Sec. 56.3203, 57.3203, 
    and 75.204 by replacing the references to outdated ASTM F432-83 and 
    ASTM F432-88 with a new reference to ASTM F432-95.
        One commenter suggested that MSHA revise the paragraphs to state 
    Make the certification available to an authorized representative of the 
    Secretary and a miners' representative. The commenter further stated 
    that although it may be assumed that ``miners' representatives'' have a 
    right to the certification information, no such specified right is 
    accorded under the rule. Short of such specified right, miners' 
    representatives have had to demand certification information with 
    threats of section 105(c) complaints against mine operators.
        The Agency intends that the miners' representatives have access to 
    the certification statements as stated in the preamble to the proposed 
    rule (62 FR 22998).
    
        * * * Mine operators currently are required to obtain a 
    certification statement that the testing and manufacture of roof and 
    rock bolts comply with the specified standard, and to keep a copy of 
    this
    
    [[Page 20027]]
    
    certification statement so that it can be made available to miners' 
    representatives and representatives of the Secretary of Labor (the 
    Secretary) * * *
    
        In response to the comment, Secs. 56.3203(a)(2), 57.3203(a)(2), and 
    75.204(a)(2) have been revised to require the operator to ``make this 
    certification available to an authorized representative of the 
    Secretary and the representative of miners.''
    
    A. New Products Addressed
    
        ASTM F432-95 covers products not addressed by the current standards 
    including grouting materials, large diameter bolts, thread deformed 
    bars, and formable anchorage devices.
    1. Grouting Materials
        Grouting materials, which were not addressed by either ASTM F432-88 
    or ASTM F432-83, are extensively covered by ASTM F432-95. The term 
    ``grouting materials'' is used in ASTM F432-95 to include any chemical 
    materials (such as polyester, polyurethane, or epoxy resins) that are 
    used to anchor mine roof bolts. While grouted bolts have been used 
    successfully to support mine roofs since the 1970's, each manufacturer 
    has a different method to describe proper application of grouting 
    materials and their performance characteristics. This lack of 
    standardization has caused confusion and occasional misapplication of a 
    particular grout formulation and, therefore, has resulted in improperly 
    grouted boreholes. Improperly grouted boreholes can result in poor bolt 
    performance and, potentially, an inadequately supported roof. A survey 
    of MSHA field personnel revealed that improper borehole grouting has 
    been a contributing factor in roof fall accidents. Under ASTM F432-95, 
    there are specific requirements regarding strength, cure rate, 
    cartridge volume, and labeling that will standardize the production and 
    application of grouting materials and reduce the likelihood that 
    grouted bolts will be improperly installed.
        The majority of commenters were in support of this provision. 
    However, one commenter was concerned that standardization of grout cure 
    rates could be hazardous. The commenter also stated that some mines 
    need bolt lengths ranging from 5 feet to 20 feet and that flexibility 
    in grout cure rates is vital. The commenter further suggested that it 
    is far more important that the operator be trained to use the materials 
    properly than to attempt to standardize the products.
        The Agency does not believe that the standardization of grout cure 
    rates by ASTM F432-95 will cause a safety hazard or alter the variety 
    of grouting materials available to the mining industry. Rather, it 
    provides a classification system by which performance characteristics 
    of current and future grout formulations can be grouped and identified, 
    and enables the user to select the proper formulation for a particular 
    application. Therefore, the provision remains as proposed.
    2. Large Diameter Bolts
        Similarly, large diameter bolts, ranging in size from 1\1/8\ inch 
    to 1\1/2\ inch, are now addressed by ASTM F432-95. MSHA field personnel 
    report that these large diameter bolts are growing in popularity and 
    are being used in areas of adverse roof conditions where smaller 
    diameter bolts would fail. ASTM F432-95 provides standard strength and 
    thread tolerance limits that ensure minimum performance levels and the 
    interchangeability of components produced by different manufacturers. 
    Compatibility is essential in ensuring that components acquired from 
    different sources function properly when used together, such as 
    mechanical anchors from one manufacturer and bolts from another, and 
    provide an adequate margin of safety.
        The majority of commenters supported this requirement. One 
    commenter supported the use of large diameter bolts, but was concerned 
    that in-mine tests will still be necessary because conditions vary from 
    mine to mine.
        The inclusion of large diameter bolts in ASTM F432-95 does not 
    exempt those bolts from the plan approval process; any bolting system 
    must be approved as suitable for the ground conditions of a particular 
    mine. It does, however, ensure that large diameter bolts meeting those 
    specifications are compatible with other components (expansion anchors, 
    nuts, etc.) and will function properly, essentially removing that 
    aspect of the evaluation (which is often time consuming) from the 
    approval process.
    3. Thread Deformed Bars and Formable Anchorage Devices
        Two new technologies, thread deformed bars and formable anchorage 
    devices, are also addressed by ASTM F432-95. These bolting systems were 
    not in use at the time ASTM F432-83 and ASTM F432-88 were adopted. 
    Their effectiveness has been demonstrated at a number of mines, 
    however, and this has led MSHA to approve their use in roof control 
    plans. ASTM F432-95 provides specific manufacturing, strength, and 
    identification requirements for these products to ensure that minimum 
    performance levels are met and that reliable products are available to 
    the mine operator. Updating the roof control standards which reference 
    the ASTM specifications covering these systems will reduce the time 
    required by mine operators to receive approval to use these devices in 
    the roof control plan, and will eliminate the need for repetitive and 
    time consuming underground tests.
        One commenter was confused as to whether fixtures and accessories 
    addressed under ASTM F432-95 will have to be approved individually 
    under the roof control plan, or will unilaterally be approved for 
    inclusion in roof control plans without submitting each plan 
    separately. The commenter referred to the statement in the preamble to 
    the proposal (62 FR 23000) which noted that:
    
        Updating the roof control standards which reference the ASTM 
    specifications covering these systems would reduce the time required 
    by mine operators to receive approval to use these devices in the 
    roof control plan, and eliminate the need for repetitive and time 
    consuming underground tests.
    
        Section 75.220 requires each mine operator to develop and follow a 
    roof control plan approved by the District Manager. If the roof bolts 
    and accessories are not addressed under ASTM F432-95, the operator will 
    have to perform tests to show that they meet the requirements of 
    75.204(b). The inclusion in the roof control plan of a particular 
    product that meets the specifications in ASTM F432-95 relieves the mine 
    operator of having to perform tests to show that these items meet the 
    requirements of the standard and, thus, reduce the time involved in the 
    roof control plan approval process. Meeting the specifications of ASTM 
    F432-95 also assures the mine operator and MSHA that the manufactured 
    product will function as designed.
    
    B. Additional Safety Benefits
    
        ASTM F432-95 provides a number of additional safety benefits, 
    including strength standards for couplers, tolerances for external and 
    internal threads, dimensions for hardened washers, and bolt grading and 
    identification systems. The Agency did not receive any comments 
    regarding these additional safety features.
    
    C. Existing Inventory
    
        This final rule will allow mine operators to use inventories of 
    roof support components meeting the design criteria of ASTM F432-83 and 
    ASTM
    
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    F432-88 for up to 1 year from the effective date of this rule. After 
    that year, only roof support components meeting ASTM F432-95 will be 
    permitted to be installed. This 1-year period will not result in a 
    diminution of safety to miners and will allow mine operators, including 
    small mines and seasonal operations, to exhaust existing supplies of 
    roof support materials on site. It also will allow miners who use roof 
    support materials to become sufficiently trained in the use of roof 
    bolts and accessories that meet the requirements of ASTM F432-95. The 
    Agency is allowing mine operators to start using components meeting the 
    ASTM F432-95 standard upon the effective date of this final rule.
        In response to this provision, the majority of the commenters 
    believed that 1 year was a sufficient amount of time to allow operators 
    to exhaust their inventories. However, one commenter is concerned that 
    the 1-year time period is not long enough. The commenter stated that a 
    better approach would be to require new production of bolts to meet 
    ASTM F432-95 by a certain date, then each mine would achieve compliance 
    when they replace inventory no matter what the time frame.
        An inventory of roof bolt manufacturers conducted in April and May 
    of 1995 indicated that all manufacturers could consume present tooling, 
    exhaust products meeting current specifications, and produce and make 
    available to mine operators quantities of roof support materials 
    meeting ASTM F432-95 within a 6-month time period. Contact with several 
    coal mine operators at that time indicated that an additional 6-12 
    months would enable them to exhaust inventories of existing ASTM F432-
    88 products. While ASTM F432-88 products are quality products, there 
    are conflicts with ASTM F432-95 that could cause confusion if not used 
    within a specified time frame. For instance, the bolt head 
    identification markings of F432-95 are substantially different from 
    those of F432-88 and F432-83. Long term usage of bolts covered by both 
    specifications could lead to the mis-identification of bolt properties 
    (grade and diameter) and the inadvertant mis-application of the bolting 
    system. Similarly, the equivalent length requirements of F432-95 may 
    produce resin cartridges with different volumes than those currently 
    marketed. In situations where the shelf life would be extended beyond 1 
    year, the potential existence of two cartridge sizes could result in 
    confusion and improper borehole grouting. The 1-year time frame will 
    minimize the period of time that mine operators must closely monitor 
    the use of products covered by two specifications and yet will provide 
    a reasonable amount of time to exhaust inventories of F432-83 and F432-
    88 products.
        Another commenter stated that the 1-year time period puts 
    technology too far off in the future. The commenter further stated that 
    MSHA should stipulate provisions for operators opting to use the new 
    ASTM standard voluntarily, i.e., must notify the appropriate District 
    Manager and can no longer use roof bolts manufactured under ASTM F432-
    83 or ASTM F432-88.
        The primary thrust of ASTM F432-95 is the introduction and coverage 
    of technology not addressed by ASTM F432-83 and/or ASTM F432-88. The 
    minimum performance requirements of previously addressed components 
    generally remain unchanged. Roof support components meeting ASTM F432-
    83 and ASTM F432-88 are quality items that have been safely and 
    effectively used. While MSHA is not aware of any manufacturer currently 
    producing roof support components to the ASTM F432-83 standard 
    (manufacturers voluntarily adopted the upgraded ASTM F432-88 standard), 
    extending the use of products meeting both ASTM F432-83 and ASTM F432-
    88 for up to a year will pose no safety concern.
        For underground coal mines, any bolting system must be approved by 
    the District Manager as suitable for the ground conditions of a 
    particular mine. Therefore, operators will stipulate in the roof 
    control plan if the roof and rock bolts and accessories meet the 
    specifications of ASTM F432-88 or ASTM F432-95, or were tested by the 
    operator and shown to be effective. Additionally, the final rule states 
    that an operator may continue to use roof and rock bolt accessories 
    that meet the specifications of ASTM F432-88 until 1 year after the 
    effective date of this final rule.
        Underground metal and nonmetal mine operators are not required to 
    submit a roof control plan to the MSHA District Manager. However, the 
    incorporation of ASTM F432-95 into Sec. 56.3203 and 57.3203 will ensure 
    that roof and rock bolts and accessories will be of high quality and 
    manufactured to the same specifications as those used in underground 
    coal mines.
        MSHA also believes that the 1-year time period gives sufficient 
    time for roof bolt manufacturers to consume present tooling, exhaust 
    inventories of products meeting current specifications, and produce and 
    make available to mine operators quantities of roof bolts meeting the 
    design criteria of ASTM F432-95. MSHA did not receive any comments in 
    response to the amount of time needed to produce roof bolts meeting the 
    design criteria of ASTM F432-95.
    
    III. Paperwork Reduction Act
    
        On August 29, 1995, the Office of Management and Budget (OMB) 
    published a final rule in the Federal Register (60 FR 44978) 
    implementing the new Paperwork Reduction Act of 1995 (PRA 95). 
    Consistent with PRA 95, these OMB rules expanded the definition of 
    ``information'' to clarify that a ``certification'' would involve the 
    collection of ``information'' if the Agency used it to monitor 
    compliance. Mine operators currently are required to obtain a 
    certification statement that the testing and manufacture of roof and 
    rock bolts comply with the specified standard, and to keep a copy of 
    this certification statement so that it can be made available to 
    miners' representatives and representatives of the Secretary of Labor 
    (the Secretary). Although the final rule does not change this 
    requirement, it is now considered an information collection burden 
    because of the expanded definition of ``information'' under PRA 95. The 
    burden hours and costs associated with roof bolt certifications, 
    therefore, do not reflect any increase for the mining industry.
        One commenter stated that MSHA's cost estimates were greatly 
    underestimated. This commenter pointed out that the cost estimates were 
    based on each mine using one roof support type and one roof support 
    supplier. Some companies use multiple types of roof bolts which are 
    distributed by different suppliers. The burden of providing a 
    certification could be 3 to 6 times more than MSHA estimates depending 
    on the geographic location and geology of the mine. The commenter 
    further stated that the cost estimates did not include the cost of 
    initial filing of documents and quarterly locating and copying for 
    inspectors. New testing, identification, and other manufacturing costs 
    created by the new ASTM standard will not be absorbed by the 
    manufacturers; they will be passed along to mine operators.
        A second commenter supported MSHA's estimates stating that MSHA has 
    reasonably and logically established the burden of hours and costs 
    associated with roof bolt certifications by close comparison to that 
    which has been collected as required under the current standards.
        In response to these comments MSHA has increased the estimated 
    number of
    
    [[Page 20029]]
    
    times that mine operators would have to file or retrieve 
    certifications. These revised estimates reflect the obtaining and 
    filing of certifications from more than one manufacturer or supplier 
    and the retrieval of certifications to show to an authorized 
    representative during an inspection.
        Description: Sections 56.3203(a)(1), 57.3203(a)(1), and 
    75.204(a)(1) require the mine operator to obtain a manufacturer's 
    certification that the material was manufactured and tested in 
    accordance with the specifications of ASTM F432-95. Agency experience 
    has shown that major roof and rock bolt manufacturers routinely provide 
    a certification to mine operators at the time of the initial contract 
    and update the certification annually. Smaller manufacturers provide a 
    certification at the time of initial contract and upon request from the 
    mine operator. MSHA estimates that it takes the mine operator about 3 
    minutes to obtain a signature and file the certification form, and that 
    underground mines use an average of four different manufacturers or 
    suppliers and surface mines use two.
        Sections 56.3203(a)(2), 57.3203(a)(2), and 75.204(a)(2) require 
    that the certification be made available to an authorized 
    representative of the Secretary and to a miner's representative. MSHA 
    estimates that it takes about 3 minutes per inspection to show the 
    certifications to the authorized representative and the miner's 
    representative. Underground mines are inspected four times per year and 
    surface mines are inspected twice per year.
        Description of Respondents: The respondents are mine operators. 
    MSHA estimates that this provision annually affects about 233 surface 
    metal and nonmetal mines; 243 underground metal and nonmetal mines; and 
    888 underground coal mines.
        Information Collection Burden: The total estimated annual 
    information collection burden for surface metal and nonmetal mines is 
    about 47 hours at an estimated annual cost of about $1,680. The total 
    estimated annual information collection burden for underground metal 
    and nonmetal mines is about 97 hours at an estimated annual cost of 
    about $3,500. The total estimated annual information collection burden 
    for underground coal mines is about 355 hours at an estimated annual 
    cost of about $14,920. The burden hours and costs associated with roof 
    bolt certifications do not reflect any increase for the mining industry 
    because mine operators currently are required to perform these 
    activities.
        The following chart summarizes MSHA's estimates by section.
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Number of                                  
                      Regulation in 30 CFR                       Number of       Hours per       Number of     responses per   Annual costs     Total hours 
                                                                respondents      response        responses      respondent                    per regulation
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    56.3203(a)(1)...........................................             233            0.05             932               4         $ 1,680              47
    57.3203(a)(1)...........................................             243            0.05           1,944               8           3,500              97
    75.204(a)(1)............................................             888            0.05           7,104               8          14,920             355
                                                             -----------------------------------------------------------------------------------------------
        Total...............................................           1,364            0.05           9,980  ..............          20,100             499
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        The information collection requirements contained in this rule were 
    submitted to the Office of Management and Budget (OMB) for review under 
    the Paperwork Reduction Act of 1995 and have been approved under OMB 
    Control Number 1219-0121.
    
    IV. Executive Order 12866 and Regulatory Flexibility Act
    
        Executive Order 12866 requires that regulatory agencies assess both 
    the costs and benefits of regulations. MSHA estimates that the cost 
    impact of the final rule is essentially the same as under the existing 
    rule. The primary benefit of the final rule is that it provides for 
    advancements in roof bolt technology and, therefore, will increase 
    safety protection for miners. MSHA has determined that this final rule 
    does not meet the criteria of 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.
        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. MSHA traditionally has considered small mines to be those with 
    fewer than 20 employees. For the purposes of the RFA and this 
    certification, MSHA has analyzed the impact of the final rule on all 
    mines, on those with fewer than 20 employees, and on those with fewer 
    than 500 employees, and has concluded that the cost impact on the 
    mining industry is negligible.
    
    Regulatory Flexibility Certification
    
        In accordance with Sec. 605 of the RFA, MSHA certifies that this 
    final rule will 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 final 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.
    
    Factual Basis for Certification
    
        MSHA used a qualitative approach in concluding that the final rule 
    will not have a significant economic impact on a substantial number of 
    small entities. In the preamble to the proposed rule, MSHA stated that 
    the cost of purchasing roof and rock bolts and accessories would not 
    increase significantly as a result of the requirement that they meet 
    the new ASTM specification (ASTM F432-95). Additionally, MSHA stated 
    that the new ASTM standard incorporates technological advances that are 
    currently available and being used by the mining industry. One 
    commenter stated that the costs of the new testing, identification, and 
    other manufacturing costs created by the new ASTM standard will not be 
    absorbed by the manufacturers; it will be passed along to mines.
        In preparing the proposed rule, MSHA had determined that roof bolt 
    manufacturers routinely change dies and other machining parts because 
    of wear. The Agency concluded that, because of the 1-year phase in 
    period, changing dies and other machine parts to accommodate the new 
    ASTM specification would not pose an additional cost on manufacturers.
    
    [[Page 20030]]
    
        The largest cost under the final rule is due to the increase of 
    resin volume in cartridges. The result would be that the resin 
    manufacturer may increase the cost of resin cartridges to mine 
    operators comparable to the increased volume of resin. MSHA believes 
    that any increased cost to mine operators for resin cartridges would be 
    offset by this increased resin volume. MSHA estimates that the total 
    cost increase, if passed on to mine operators, would represent less 
    that one percent of their cost for roof and rock bolts and accessories.
    
    V. Unfunded Mandates Act
    
        For purposes of the Unfunded Mandates Reform Act of 1995, as well 
    as E.O. 12875, this rule does not include any Federal mandate that may 
    result in increased expenditures by State, local, and tribal 
    governments, or increased expenditures by the private sector of more 
    than $100 million.
    
    VI. 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 or safety effects of the final rule on 
    children. The Agency has determined that the final rule will have no 
    effects on children.
    
    List of Subjects
    
    30 CFR Parts 56 and 57
    
        Mine safety and health, Surface mining, Underground mining.
    
    30 CFR Part 75
    
        Coal, Mine safety and health, Underground mining.
    
        Dated: April 16, 1998.
    J. Davitt McAteer,
    Assistant Secretary for Mine Safety and Health.
    
        For the reasons set out in the preamble, chapter I of title 30 of 
    the Code of Federal Regulations is amended 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.
    
        2. Section 56.3203 is amended by revising the introductory text of 
    paragraph (a), paragraph (a)(1), paragraph (a)(2), and the introductory 
    text of paragraph (b) to read as follows:
    
    
    Sec. 56.3203  Rock fixtures.
    
        (a) For rock bolts and accessories addressed in ASTM F432-95, 
    ``Standard Specification for Roof and Rock Bolts and Accessories,'' the 
    mine operator shall--
        (1) Obtain a manufacturer's certification that the material was 
    manufactured and tested in accordance with the specifications of ASTM 
    F432-95; and
        (2) Make this certification available to an authorized 
    representative of the Secretary and to the representative of miners.
        (b) Fixtures and accessories not addressed in ASTM F432-95 may be 
    used for ground support provided they--
    * * * * *
    
    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 57.3203 is amended by revising the introductory text of 
    paragraph (a), paragraph (a)(1), paragraph (a)(2), and the introductory 
    text of paragraph (b) to read as follows:
    
    
    Sec. 57.3203  Rock fixtures.
    
        (a) For rock bolts and accessories addressed in ASTM F432-95, 
    ``Standard Specification for Roof and Rock Bolts and Accessories,'' the 
    mine operator shall--
        (1) Obtain a manufacturer's certification that the material was 
    manufactured and tested in accordance with the specifications of ASTM 
    F432-95; and
        (2) Make this certification available to an authorized 
    representative of the Secretary and to the representative of miners.
        (b) Fixtures and accessories not addressed in ASTM F432-95 may be 
    used for ground support provided they'
    * * * * *
    
    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 75.204 is amended by revising the introductory text of 
    paragraph (a), paragraph (a)(1), paragraph (a)(2), and the introductory 
    text of paragraph (b) to read as follows:
    
    
    Sec. 75.204  Roof bolting.
    
        (a) For roof bolts and accessories addressed in ASTM F432-95, 
    ``Standard Specification for Roof and Rock Bolts and Accessories,'' the 
    mine operator shall--
        (1) Obtain a manufacturer's certification that the material was 
    manufactured and tested in accordance with the specifications of ASTM 
    F432-95; and
        (2) Make this certification available to an authorized 
    representative of the Secretary and to the representative of miners.
        (b) Roof bolts and accessories not addressed in ASTM F432-95 may be 
    used, provided that the use of such materials is approved by the 
    District Manager based on--
    * * * * *
    [FR Doc. 98-10690 Filed 4-21-98; 8:45 am]
    BILLING CODE 4510-43-P
    
    
    

Document Information

Effective Date:
6/22/1998
Published:
04/22/1998
Department:
Mine Safety and Health Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-10690
Dates:
The final rule is effective June 22, 1998.
Pages:
20026-20030 (5 pages)
RINs:
1219-AB00: Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines
RIN Links:
https://www.federalregister.gov/regulations/1219-AB00/safety-standards-for-roof-bolts-in-metal-and-nonmetal-mines-and-underground-coal-mines
PDF File:
98-10690.pdf
CFR: (3)
30 CFR 56.3203
30 CFR 57.3203
30 CFR 75.204