[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 47118-47119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23347]
[[Page 47117]]
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Part IV
Department of Labor
_______________________________________________________________________
Mine Safety and Health Administration
_______________________________________________________________________
30 CFR Parts 21, et al.
Improving and Eliminating Regulations; Flame Safety Lamps and Single-
Shot Blasting Units; Final Rule
Improving and Eliminating Regulations; Lighting Equipment, Coal/Dust/
Rock Dust Analyzers, and Methane Detectors, Approved Books and Records,
Calibration and Maintenance Procedures for Coal Mine Respirable Dust
Samplers; Proposed Rules
Federal Register / Vol. 63, No. 171 / Thursday, September 3, 1998 /
Rules and Regulations
[[Page 47118]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 21, 24, and 75
RIN 1219-AA98
Improving and Eliminating Regulations; Flame Safety Lamps and
Single-Shot Blasting Units
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Final rule; technical amendments.
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SUMMARY: MSHA is removing approval regulations for flame safety lamps
and single-shot blasting units because advances in technology have made
these devices obsolete and, thus, have made these regulations
unnecessary. Removal of these parts will not reduce protection for
miners. This final rule will also make conforming amendments to safety
regulations for underground coal mines which require the use of this
approved equipment.
EFFECTIVE DATE: November 2, 1998.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office
of Standards, Regulations, and Variances, MSHA; 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Rulemaking Background
In response to the Administration's regulatory reinvention
initiative, MSHA conducted a review of its existing regulations to
identify obsolete, outdated, redundant, or unnecessary provisions that
could be removed or revised without reducing protection afforded
miners. This final rule is part of MSHA's ongoing plan to improve its
regulations. The removal of parts 21 and 24, from title 30 of the Code
of Federal Regulations (30 CFR), will not reduce protection to miners.
To increase awareness of this regulatory action, MSHA will mail a copy
of this final rule to all mine operators and miners' representatives
and will post it on MSHA's Website.
Even though 30 CFR 21 and 24 are being removed, flame safety lamps
and single-shot blasting units approved by MSHA 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 the approval was based and there are no changes in the approved
devices.
On August 30, 1996, the Agency published a proposed rule in the
Federal Register [61 FR 45925] requesting public comment on its
intention to remove 30 CFR 21 and 24 and make conforming amendments to
30 CFR 75. The Agency allowed 90 days for public comment and received
no comments, no requests for an extension of the comment period, and no
requests for a public hearing.
II. Discussion of Final Rule
A. 30 CFR 21--Flame Safety Lamps
Flame safety lamps are used to detect oxygen deficiency and methane
in mine atmospheres. MSHA regulations in 30 CFR 21 repeat the
requirements for approval of flame safety lamps from the former 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 preferred
instruments for detecting these gases in mines. In addition, 30 CFR
75.320 requires mine operators to use methane and oxygen detectors
approved by MSHA to make these tests. A permissible flame safety lamp
may continue to be used only as a supplemental testing device for
oxygen deficiency. MSHA has not received a new application for approval
of a flame safety lamp for more than 40 years.
B. 30 CFR 24--Single-Shot Blasting Units
Because of the danger of fire or explosion, only MSHA-approved
blasting units can be used in underground mines that contain methane or
flammable dust in dangerous concentrations. MSHA regulations in 30 CFR
24 repeat the requirements for approval of single-shot blasting units
from the former Bureau of Mines' Schedule 12D, dated November 27, 1945.
Advances in technology have produced multiple-shot blasting units which
are safer, more versatile, and more reliable than single-shot blasting
units. In addition, multiple-shot blasting units can be used to fire
single shots. As a result, single-shot blasting units are rarely used
in underground mines. MSHA has not received a new application for
approval of a single-shot blasting unit for more than 25 years. The
approval requirements for single-shot blasting units have been replaced
by 30 CFR 7, subpart D, Multiple-Shot Blasting Units.
C. 30 CFR 75.506--Permissibility Requirements for Electric Face
Equipment
The removal of parts 21 and 24 of 30 CFR requires conforming
amendments to be made to Sec. 75.506 of 30 CFR. Section 75.506 includes
references to former parts of 30 CFR and to former Bureau of Mines'
approval schedules contained in parts of 30 CFR being removed. With the
removal of parts 21 and 24, these references are no longer necessary.
The approval holder and MSHA have the specifications and drawings upon
which the existing approval was based. For this reason, MSHA is
removing the following references to former parts of 30 CFR and former
Bureau of Mines' schedules from Sec. 75.506(d)]:
Electric Cap Lamps, Bureau of Mines Schedules 6D, August 26, 1939
(Part 19);
Electric Mine Lamps, Other than Standard Cap Lamps, Bureau of Mines
Schedule 10C, May 17, 1938 (Part 20);
Flame Safety Lamps, Bureau of Mines Schedule 7C, August 30, 1935
(Part 21);
Portable Methane Detectors, Bureau of Mines Schedule 8C, October
31, 1935 (Part 22);
Telephone and Signaling Devices, Bureau of Mines Schedule 9B,
October 25, 1938 (Part 23);
Single Shot Blasting Units, Bureau of Mines Schedule 12D, November
27, 1945, (Part 24);
Multiple Shot Blasting Units, Bureau of Mines Schedule 16E, May 19,
1960 (Part 25);
Lighting Equipment for Illuminating Underground Workings, Bureau of
Mines Schedule 29A, December 2, 1958 (Part 26); and
Methane-Monitoring Systems, Bureau of Mines Schedule 32A, July 27,
1966 (Part 27).
Electrical equipment approved by MSHA under these parts or former
Bureau of Mines' approval schedules 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 the approval was based
and there are no changes in the approved devices. This final rule will
retain the list of equipment that will be considered permissible
electric face equipment if it has been approved by MSHA.
III. Executive Order 12866 and Regulatory Flexibility Act
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of regulations. MSHA has determined that this
final 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
obligations under E.O. 12866 and the Regulatory Flexibility Act.
[[Page 47119]]
The Regulatory Flexibility Act (RFA) requires regulatory agencies
to consider a rule's impact on small entities. The RFA requires that
MSHA 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 and has analyzed the impact of the
final rule on mines with 500 or fewer employees and on those with fewer
than 20 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. 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. The Agency believes that this analysis provides
a reasonable basis for the certification in this case.
The Agency has 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.
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. This final rule removes approval regulations for
obsolete equipment. The benefit of removing obsolete 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 that may result in 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.
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 24, 1998.
J. Davitt McAteer,
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, chapter I, title 30 of the Code of
Federal Regulations is amended as follows:
PART 21--[REMOVED]
1. Part 21 is removed.
PART 24--[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 parts of this
chapter, or former Bureau of Mines' approval schedules, and 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, part
26; and
(9) Methane-Monitoring Systems, part 27.
[FR Doc. 98-23347 Filed 9-2-98; 8:45 am]
BILLING CODE 4510-43-P