[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43280-43283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20408]
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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: Final rule; technical amendments.
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SUMMARY: We are removing 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 is addressed by other MSHA regulations. Removal of these
parts will not reduce protection for miners. This final rule will 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.
EFFECTIVE DATE: This regulation is effective October 12, 1999.
FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting 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, we conducted a review of our existing regulations to
identify obsolete, outdated, redundant, or unnecessary provisions that
can be removed or revised without reducing protection afforded miners.
This final rule is part of our ongoing plan to improve our regulations.
The removal of parts 26 and 29, from title 30 of the Code of Federal
Regulations (30 CFR), will not reduce protection to miners. These
provisions are covered by other MSHA regulations. Conforming amendments
to other 30 CFR parts will be made, as appropriate. To increase
awareness of this regulatory action, we will mail a copy of this final
rule to all mine operators and miners' representatives and post it on
MSHA's Website at www.msha.gov.
Even though we are removing 30 CFR parts 26 and 29, lighting
equipment for illuminating underground workings and continuous duty,
warning light, portable methane detectors approved by MSHA
[[Page 43281]]
under these parts can continue to be manufactured and distributed for
use in mines as long as this is done in accordance with the drawings
and specifications upon which such approvals were based and there are
no changes in the approved devices.
On September 3, 1998, we published a proposed rule in the Federal
Register (63 FR 47120) requesting public comments on our intention to
remove 30 CFR parts 26 and 29 and make conforming changes to 30 CFR
parts 57 and 75. We allowed 60 days for public comment and received no
comments, no requests for an extension of the comment period, and no
requests for a public hearing on the proposal.
II. Discussion of Final Rule
A. 30 CFR 26--Lighting Equipment for Illuminating Underground Workings
In 1958, we 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 we are removing 30 CFR 26, lighting systems approved
under this part can continue to be manufactured and distributed for use
in mines as long as done in accordance with the drawings and
specifications upon which the approval is based and provided there are
no changes in the approved systems. We will not permit changes in the
approved systems under 30 CFR 26 once it is deleted. Any future changes
to lighting systems approved under 30 CFR 26 will 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
requirements in 30 CFR 18, subpart A; certain design and construction
requirements in subpart B (e.g., 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 (e.g., 18.62, 18.66, 18.67, and 18.68), as well as
any other provisions necessary to address the design and performance of
the system, 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, we believe that the approval regulations in 30
CFR 26 are unnecessary. Therefore, we are removing part 26. This final
rule will not reduce the protection afforded to miners.
B. 30 CFR 29--Portable Coal Dust/Rock Dust Analyzers, and Continuous
Duty, Warning Light, Portable Methane Detectors for Use in Coal Mines
We 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 dust; 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, we anticipated that there
would be a need for the approval of these types of instruments. We have
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. Therefore,
we are removing part 29.
Although we are removing 30 CFR 29, any devices approved under this
part can continue to be manufactured and distributed for use in mines
as long as done in accordance with the drawings and specifications upon
which the approval is based and provided there are no changes in the
approved devices. To clarify this point, MSHA has modified the
conforming amendments in parts 57 and 75 to indicate that devices
approved under part 29 prior to its removal (30 CFR part 29 contained
in the 30 CFR, parts 1-199, edition, revised as of July 1, 1999), may
continue to be used. We will not permit changes in these approved
devices under 30 CFR 29 once it is deleted. Any future changes to such
devices approved under 30 CFR 29 will require a new application for
approval under 30 CFR 18 or 22, as discussed below.
Portable coal dust/rock dust analyzers. We have 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. We believe 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 interest in approval of such
an instrument. Furthermore, the performance requirements in 30 CFR 29
for portable coal dust/rock dust analyzers are now outdated. The
elimination of 30 CFR 29, therefore, will 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 can 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 to be used in underground mines,
provided that they meet the intrinsic safety requirements in 30 CFR
18.68 and are 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. We have
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, 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
monitoring and warning or alarm. Portable methane detectors in use in
mines now routinely have the capabilities specified in 30 CFR 29, and
we have approved them for the past 16 years under 30 CFR 22, Portable
Methane Detectors.
If we 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, we could conduct an equivalent
evaluation of the instrument using the approval requirements in 30 CFR
22. For these reasons, we believe that 30 CFR 29 is
[[Page 43282]]
unnecessary and that its removal will 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. We have determined that this
final rule does not meet the criteria for a significant regulatory
action and, therefore, have not prepared a separate analysis of costs
and benefits. The analysis contained in this preamble meets our
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, we 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 we traditionally have considered small mines to be
those with fewer than 20 employees, we have analyzed the impact of the
final rule on mines with 500 or fewer employees for the purposes of the
RFA. We have also evaluated the impact of the rule on small
manufacturers of lighting equipment for illuminating underground
workings and small manufacturers of continuous duty, warning light,
portable methane detectors using the appropriate SBA definition of 500
or fewer employees.
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, either small mines or small manufacturers. No
small governmental jurisdictions or nonprofit organizations are
affected.
Under the Small Business Regulatory Enforcement Fairness Act
(SBREFA) amendments to the RFA, we must include in the final rule a
factual basis for this certification. We also must publish the
regulatory flexibility certification in the Federal Register, along
with its factual basis. We believe that this analysis provides a
reasonable basis for the certification in this case.
We have provided a copy of this final rule and regulatory
flexibility certification statement to the SBA Office of Advocacy. In
addition, MSHA will mail a copy of the final rule including the
preamble and regulatory flexibility certification statement to all
affected mines and miners' representatives and approval holders.
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, either small mines or small manufacturers. This final
rule removes approval regulations for equipment that can be approved
under other existing MSHA regulations. The benefit of removing
unnecessary provisions is that MSHA regulations will be more concise,
clearer, easier to use, and reflect advances in technology. This final
rule will have no economic impact on the mining industry.
V. Paperwork Reduction Act
This final 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 final rule does not include any Federal
mandate and, therefore, results in no 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 final rule on
children. The Agency has determined that the final rule will have no
effect on children.
VIII. Executive Order 13084 Consultation and Coordination With
Indian Tribal Governments
The Agency has reviewed this final rule in accordance with
Executive Order 13084, and certifies that the final rule does not
impose substantial direct compliance costs on Indian tribal
governments, because they neither manufacture products covered by parts
26 and 29 nor operate any underground coal or gassy metal/nonmetal
mines.
IX. Executive Order 12612 Federalism
Executive Order 12612, regarding federalism, requires that
agencies, to the extent possible, refrain from limiting state policy
options, consult with states prior to taking any actions which would
restrict state policy options, and take such actions only when there is
clear constitutional authority and the presence of a problem of
national scope. This rule does not limit state policy options, because
they neither manufacture products covered by parts 26 and 29 nor
operate any underground coal or gassy metal/nonmetal mines, it complies
with the principles of federalism and with Executive Order 12612.
X. Executive Order 12630 Government Actions and Interference With
Constitutionally Protected Property Rights
This rule is not subject to Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights, because it does not involve implementation of a policy with
takings implications.
XI. Executive Order 12988 Civil Justice Reform
The Agency has reviewed Executive Order 12988, Civil Justice
Reform, and determined that this rulemaking will not unduly burden the
Federal court system. The regulation has been written so as to provide
a clear legal standard for affected conduct, and has been reviewed
carefully to eliminate drafting errors and ambiguities.
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 3, 1999.
Marvin W. Nichols, Jr.,
Deputy 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, 30 CFR, chapter I, is amended 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.
[[Page 43283]]
4. Section 57.22303 is revised to read as follows:
Sec. 57.22303 Approved equipment (I-C mines).
Only electrical equipment that is approved by MSHA under the
applicable requirements of 30 CFR parts 18 through 28 or approved under
30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised
as of July 1, 1999, 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 if 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;
(9) Methane-Monitoring Systems, part 27; and
(10) Continuous Duty, Warning Light, Portable Methane Detectors, 30
CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as
of July 1, 1999.
[FR Doc. 99-20408 Filed 8-9-99; 8:45 am]
BILLING CODE 4510-43-P
