[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





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Mine Safety and Health Administration



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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identify obsolete, outdated, redundant, or unnecessary provisions that 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