[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Proposed Rules]
[Pages 45925-45926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22078]


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DEPARTMENT OF LABOR
Mine Safety and Health Administration

30 CFR Parts 21, 24, and 75

RIN 1219-AA98


Technical Amendments; Removal of Unnecessary Regulations

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; technical amendments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is proposing 
to remove approval regulations on flame safety lamps and single-shot 
blasting units which have become obsolete because of advances in 
technology. Removal of these obsolete parts would not reduce protection 
for miners. This proposal also would make conforming amendments to 
safety regulations for underground coal mines which require the use of 
this approved equipment.

DATES: Submit written comments on or before November 29, 1996.

ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of 
Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard, 
Room 631, Arlington, VA 22203. Commenters are encouraged to send 
comments on a computer disk or via e-mail to [email protected] along 
with an original printed copy.

FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of Standards, Regulations, and 
Variances, MSHA, 703-235-1910 (voice), 703-235-5551 (facsimile), 
[email protected] (Internet e-mail).

SUPPLEMENTARY INFORMATION: 

I. Purpose

    In response to the Administration's regulatory reinvention 
initiative, MSHA has conducted a page-by-page review of its existing 
regulations to identify provisions that are obsolete, outdated, 
redundant, or unnecessary. As part of this review, the Agency has 
identified two regulations that could be removed immediately without 
any adverse effect on miner safety and health. These regulations are 
obsolete. Conforming amendments to other 30 CFR parts would be made, as 
appropriate. Equipment approved by MSHA under parts being proposed for 
elimination can continue to be manufactured by the approval-holder and 
distributed for use in mines, as long as they continue to be 
manufactured in full compliance with the drawings and specifications 
upon which the approval was based. No changes in approved devices can 
be made once the 30 CFR parts being proposed for elimination are 
deleted.
    For the reasons discussed below, the Agency is proposing to remove 
30 CFR parts 21 and 24. MSHA specifically solicits comments on the 
impact of this action both on the mining community and on other 
government agencies if they reference these parts of 30 CFR.

II. Discussion

A. Part 21--Flame Safety Lamps

    Part 21 addresses the requirements for approval of flame safety 
lamps used to detect oxygen deficiency and methane in mine atmospheres. 
Part 21 repeats the requirements for approval of flame safety lamps 
from Bureau of Mines' Schedule 7C, dated August 30, 1935. Advances in 
technology have produced oxygen and methane detecting devices which are 
more accurate and reliable than flame safety lamps. As a result, 
methane and oxygen detectors have replaced flame safety lamps as the 
required source for detecting these gases in mines. As required by 30 
CFR 75.320, methane and oxygen detectors approved by MSHA must be used 
to make these tests and a permissible flame safety lamp may continue to 
be used only as a supplemental testing device for oxygen deficiency. 
These MSHA-approved flame safety lamps can continue to be manufactured 
by the approval-holder and distributed for use in mines, as long as 
they continue to be manufactured in full compliance with the drawings 
and specifications upon which the approval was based and there are no 
changes in the approved devices. Further, there have been no new 
applications for approval of flame safety lamps for more than 40 years. 
For these reasons, MSHA has determined that the approval requirements 
for flame safety lamps are obsolete and unnecessary and, therefore, is 
proposing to remove this part.

B. Part 24--Single-Shot Blasting Units

    Part 24 addresses the requirements for approval of single-shot 
blasting units used in mines, especially mines that can contain methane 
or flammable dust in dangerous concentrations. Part 24 repeats the 
requirements for approval of single-shot blasting units from Bureau of 
Mines' Schedule 12D, dated November 27, 1945. Advances in technology 
have produced multiple-shot blasting units

[[Page 45926]]

which are safer, more versatile, and more reliable than single-shot 
blasting units. Multiple-shot blasting units can be used to fire single 
shots. As a result, single-shot blasting units are rarely used in 
underground mines. The approval requirements for single-shot blasting 
units have been replaced by part 7, subpart D, Multiple-Shot Blasting 
Units. MSHA-approved single-shot blasting units can continue to be 
manufactured by the approval-holder and distributed for use in mines, 
as long as they continue to be manufactured in full compliance with the 
drawings and specifications upon which the approval was based and there 
are no changes in the approved devices. Further, no new applications 
for approval of a single-shot blasting unit have been submitted in 25 
years. For these reasons, MSHA has determined that the requirements for 
approval of single-shot blasting units are obsolete and unnecessary 
and, therefore, is proposing to remove this part.

List of Subjects

30 CFR Part 21

    Mine safety and health.

30 CFR Part 24

    Explosives, Mine safety and health.

30 CFR Part 75

    Mine safety and health, Underground mining.

    Dated: August 23, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    For the reasons set out in the preamble, and under the authority of 
30 U.S.C. 957 and 961, title 30, chapter I, of the Code of Federal 
Regulations is amended as set forth below:

PART 21--FLAME SAFETY LAMP APPROVAL  [REMOVED]

    1. Part 21 is removed.

PART 24--SINGLE-SHOT BLASTING UNITS  [REMOVED]

    2. Part 24 is removed.

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

    3. The authority citation for part 75 continues to read as follows:

    Authority: 30 U.S.C. 811.

    4. 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 Bureau of Mines 
schedules or parts of this chapter, as listed here, and it is in 
permissible condition.
    (1) Multiple Shot Blasting Units, part 7 subpart D (Schedule 16E 
and part 25);
    (2) Electric Cap Lamps, part 19 (Schedule 6D);
    (3) Electric Mine Lamps Other than Standard Cap Lamps, part 20 
(Schedule 10C);
    (4) Flame Safety Lamps (Schedule 7C and part 21);
    (5) Portable Methane Detectors, part 22 (Schedule 8C);
    (6) Telephone and Signaling Devices, part 23 (Schedule 9B);
    (7) Single Shot Blasting Units (Schedule 12D and part 24);
    (8) Lighting Equipment for Illuminating Underground Workings, part 
26 (Schedule 29A); and
    (9) Methane-Monitoring Systems, part 27 (Schedule 32A).

[FR Doc. 96-22078 Filed 8-29-96; 8:45 am]
BILLING CODE 4510-43-M