[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4510-43-P