[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 47123-47126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23348]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70, 71, and 90
RIN 1219-AA98
Improving and Eliminating Regulations; Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; technical amendment.
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SUMMARY: MSHA has revised and updated its Informational Report No. 1121
(IR 1121) to include currently approved sampling equipment and to
permit the use of fast-response calibrators having a volumetric tube.
The updated document is Informational Report No. 1240 (IR 1240). This
proposed rule would update the existing incorporation by reference of
IR 1121 in MSHA's coal mine respirable dust standards to reference IR
1240.
DATES: Submit all comments by 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 comments@msha.gov. MSHA encourages commenters sending written
comments by mail or facsimile to also send a computer disk of the
comments. Submit written comments on the information collection
requirements to the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Attention: Desk Officer for
MSHA, 725 17th Street NW., Room 10235, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office
of Standards, Regulations, and Variances, MSHA; 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Discussion of Proposal
Existing coal mining regulations Secs. 70.204, 71.204, and 90.204
in title 30 of the Code of Federal Regulations (30 CFR) require that
approved respirable dust sampling devices be calibrated in accordance
with MSHA Informational Report No. 1121 (IR 1121) ``Standard
Calibration and Maintenance Procedures for Wet Test Meters and Coal
Mine Respirable Dust Samplers (Supersedes IR 1073).'' These
[[Page 47124]]
regulations state that amendments to IR 1121 will be announced in the
Federal Register. This proposed rule would update the incorporation by
reference of MSHA IR 1121, with the most recent revision ``IR 1240''
entitled, ``Calibration and Maintenance Procedures for Coal Mine
Respirable Dust Samplers.'' This proposed rule, like the existing rule,
contains information collection requirements subject to the Paperwork
Reduction Act of 1995. MSHA has submitted the information collection
request to OMB for approval.
IR 1240 addresses improved technology and describes the standard
procedures currently used by MSHA for calibration of approved personal
samplers and associated equipment and for maintenance of this
equipment. IR 1240 continues to require operators to record calibration
parameters and results. MSHA encourages mine operators who store
records electronically to provide a mechanism which will allow the
continued storage and retrieval of records in the year 2000.
IR 1240 includes the calibration and maintenance procedures for the
newest approved sampling unit for collecting respirable coal mine dust
which uses constant flow technology and a power source which is
different from other approved sampling units. The constant flow
technology permits the calibration of this unit without concern for
flow fluctuations. IR 1240 notifies mine operators, and other
interested parties, that such units are to be maintained as approved to
ensure the accurate collection of respirable coal mine dust samples as
required in 30 CFR 70, 71, and 90.
IR 1240 also permits the use of fast-response calibrators for
calibrating all approved sampling units. It takes only 1 to 2 minutes
per unit to calibrate a sampling unit using this newer technology, as
opposed to 30 minutes using the traditional calibration systems
addressed in IR 1121.
Copies of IR 1240 are available at MSHA, Coal Mine Safety and
Health, Room 816, 4015 Wilson Boulevard, Arlington, VA 22203 and at
each MSHA Coal Mine Safety and Health district and subdistrict office.
II. Paperwork Reduction Act
The collection of information contained in this proposal is subject
to review by OMB under the Paperwork Reduction Act of 1995 (PRA 95).
The title, description, and respondent categories are discussed below
with an estimate of the annual information collection burden.
With respect to the following collection of information, MSHA
invites comments on: (1) whether the proposed collection of information
is necessary for proper performance of MSHA's functions, including
whether the information would have practical utility; (2) the accuracy
of MSHA's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.
Description: Proposed 30 CFR 70.204, 71.204, and 90.204 would
require that approved respirable dust sampling devices be calibrated in
accordance with MSHA Informational Report No. 1240 (IR 1240)
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust
Samplers.'' The calibration procedures for wet test meters and the
bubble tube method which are described in IR 1240 both require data to
be recorded as part of the calibration procedure. These two calibration
methods are rarely used in the mining industry because (1) most mines
that calibrate their own pumps now use instantaneous flow meters for
this purpose; and (2) almost all but the largest underground mines send
their pumps out to be calibrated, rather than calibrating them
themselves.
Description of Respondents: The respondents are mine operators.
MSHA estimates that this information collection requirement affects
about 900 coal mines and that these mines calibrate about 1,850 pumps
per year.
Information Collection Burden: The recording of calibration data is
considered an information collection burden under PRA 95. MSHA
estimates that it takes about 30 minutes to calibrate each pump using
the bubble tube method, including recording calibration-related
information and marking the pump flowmeter; that it takes about 3
minutes (0.05 hour) to calibrate each pump with a fast-response
calibrator and mark the pump flowmeter; and that pump calibration is
done by the mine's technical staff at a cost of about $42 per hour.
Further, MSHA estimates that 897 mines calibrate 1814 pumps with a fast
response calibrator and three mines calibrate 36 pumps using the bubble
tube method of pump calibration. The average time for pump calibration
is 0.059 hour. MSHA anticipates that no mine operators use the wet test
meter method of pump calibration.
The total estimated annual information collection burden for pump
calibration and marking the pump flowmeter is about 109 hours. The
estimated annual cost for this information collection burden is about
$4,580.
MSHA estimates that most mine operators incurred the capital and
start-up costs associated with pump calibration prior to October 1,
1995. For the purpose of this analysis, however, MSHA estimates that
about five new mines per year would purchase a fast-response
calibrator. Fast-response calibrators cost about $900 and have a useful
life of about 10 years. The annualization factor for an equipment life
of 10 years is 0.142. The annual cost for calibrators is about $640.
MSHA estimates that about 2010 mines send about 2040 pumps per year
to an outside contractor for calibration and maintenance. This service
includes pump calibration and marking the flowmeter; certification of
pump calibration; cleaning and checking pump function; replacing worn
or damaged parts; and shipping and handling. MSHA estimates that the
average cost for this service is about $100 per pump. Fast-response
calibrators also would require routine calibration and maintenance each
year at a cost of about $100. The cost for these services is $204,500.
The following chart summarizes MSHA's estimates for compliance with
PRA 95.
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Number of Number of Number of responses Total
Provision respondents Hours per response responses per respondent Annual cost hours
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70.204(a), 71.204(a), 900 0.059 (average)....... 1849 2 (average).......... $204,500 + $639 = $205,139 109
90.204(a).
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[[Page 47125]]
The burden hours and costs associated with pump calibration and marking
the flowmeter do not represent any increase for the mining industry
because mine operators currently are required to perform these
activities.
Under section 3507(o) of PRA 95, the Agency has submitted a copy of
this proposed rule to OMB for its review and approval of this
information collection. Interested persons are requested to send
comments regarding the burden estimates or any other aspect of the
collection of information, including suggestions for reducing the
burden, (1) directly to the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer for MSHA; 725 17th Street NW.,
Room 10235; Washington, DC 20503, and (2) to Patricia W. Silvey,
Director; Office of Standards, Regulations, and Variances, MSHA; 4015
Wilson Boulevard, Room 631; Arlington, VA 22203.
III. Executive Order 12866
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of regulations. MSHA estimates that the cost
impact of the proposed rule is the same as under the existing rule. The
primary benefit of the proposed rule is that it provides mine operators
alternatives in maintaining and calibrating dust sampling units. It
takes only 1 to 2 minutes per unit to calibrate a sampling unit using
this newer technology, as opposed to 30 minutes using the traditional
calibration systems addressed in IR 1121. 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. In
addition, MSHA will mail a copy of the proposed rule, including the
preamble and regulatory flexibility certification statement, to all
affected mines and miners' representatives.
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 updates the regulations to
incorporate by reference the latest revision of an MSHA informational
report describing the calibration and maintenance procedures for coal
mine respirable dust sampling units. The benefit of updating provisions
is that MSHA regulations would be clearer and reflect advances in
technology. This proposed rule would have no economic impact on the
mining industry. The cost impact on mines employing fewer than 20
miners or those employing 500 or fewer miners would be the same as
under the existing rule.
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.
V. 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.
VI. National Environmental Policy Act
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et. seq.) requires each Federal agency to consider the
environmental effects of proposed actions and to prepare an
Environmental Impact Statement on major actions significantly affecting
the quality of the human environment. MSHA has reviewed the proposed
standards in accordance with the requirements of NEPA, the regulations
of the Council on Environmental Policy (40 CFR 1500), and the NEPA
procedures of the Department of Labor (29 CFR 11). As a result of this
review, MSHA has determined that this proposed rule would have no
environmental impact.
List of Subjects in 30 CFR Parts 70, 71, and 90
Coal mines, Incorporation by reference, Scientific equipment, Mine
safety and health.
Dated: August 24, 1998.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Accordingly, under the authority of 30 U.S.C. 811 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 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957, 961.
2. The authority citation for subpart C is revised to read as
follows:
Authority: 30 U.S.C. 811, 813(h), 957, 961.
3. Section 70.204 is amended by revising paragraphs (a) and (e) to
read as follows:
Sec. 70.204 Approved sampling devices; maintenance and calibration.
(a) Approved sampling devices shall be maintained as approved under
part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and
calibrated in accordance with MSHA Informational Report IR 1240
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust
Samplers (supersedes IR 1121)'' by a person certified in accordance
with Sec. 70.203 (Certified person; maintenance and calibration).
* * * * *
(e) MSHA Informational Report IR 1240 referenced in paragraph (a)
of this section is incorporated by reference.
[[Page 47126]]
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be inspected or obtained at MSHA, Coal Mine Safety and
Health, 4015 Wilson Boulevard, Room 816, Arlington, VA 22203 and at
each MSHA Coal Mine Safety and Health district and subdistrict office.
Copies may be inspected at the Office of the Federal Register, 800
North Capitol Street NW., Suite 700, Washington, DC.
PART 71--[AMENDED]
4. The authority citation for part 71 continues to read as follows:
Authority: 30 U.S.C. 811, 951, 957, 961.
5. The authority citation for subpart C is revised to read as
follows:
Authority: 30 U.S.C. 811, 951, 957, 961.
6. Section 71.204 is amended by revising paragraphs (a) and (e) to
read as follows:
Sec. 71.204 Approved sampling devices; maintenance and calibration.
(a) Approved sampling devices shall be maintained as approved under
part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and
calibrated in accordance with MSHA Informational Report IR 1240
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust
Samplers (supersedes IR 1121)'' by a person certified in accordance
with Sec. 71.203 (Certified person; maintenance and calibration).
* * * * *
(e) MSHA Informational Report IR 1240 referenced in paragraph (a)
of this section is incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
inspected or obtained at MSHA, Coal Mine Safety and Health, 4015 Wilson
Boulevard, Room 816, Arlington, VA 22203 and at each MSHA Coal Mine
Safety and Health district and subdistrict office. Copies may be
inspected at the Office of the Federal Register, 800 North Capitol
Street NW., Suite 700, Washington, DC.
PART 90--[AMENDED]
7. The authority citation for part 90 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h).
8. The authority citation for subpart C is revised to read as
follows:
Authority: 30 U.S.C. 811, 813(h), 957.
9. Section 90.204 is amended by revising paragraphs (a) and (e) to
read as follows:
Sec. 90.204 Approved sampling devices; maintenance and calibration.
(a) Approved sampling devices shall be maintained as approved under
part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and
calibrated in accordance with MSHA Informational Report IR 1240
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust
Samplers ``(supersedes IR 1121)'' by a person certified in accordance
with Sec. 90.203 (Certified person; maintenance and calibration).
* * * * *
(e) MSHA Informational Report IR 1240 referenced in paragraph (a)
of this section is incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
inspected or obtained at MSHA, Coal Mine Safety and Health, 4015 Wilson
Boulevard, Room 816, Arlington, VA 22203 and at each MSHA Coal Mine
Safety and Health district and subdistrict office. Copies may be
inspected at the Office of the Federal Register, 800 North Capitol
Street NW., Suite 700, Washington, DC.
[FR Doc. 98-23348 Filed 9-2-98; 8:45 am]
BILLING CODE 4510-43-P
