[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 47120-47122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23349]


     

  Federal Register / Vol. 63, No. 171 / Thursday, September 3, 1998 / 
Proposed Rules  

[[Page 47120]]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 26, 29, 57, and 75

RIN 1219-AA98


Improving and Eliminating Regulations; Lighting Equipment, Coal 
Dust/Rock Dust Analyzers, and Methane Detectors

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Proposed rule; technical amendments.

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SUMMARY: MSHA is proposing to remove approval regulations for lighting 
equipment for illuminating underground workings; portable coal dust/
rock dust analyzers; and continuous duty, warning light, portable 
methane detectors. These regulations are unnecessary because they 
address equipment that can be addressed by other MSHA regulations. 
Removal of these parts would not reduce protection for miners. This 
proposal would also make conforming amendments to safety regulations 
that require the use of this approved equipment in underground coal 
mines and in gassy underground metal and nonmetal mines.

DATES: Submit written comments on or before 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 [email protected]. MSHA encourages commenters sending written 
comments by mail or facsimile to also send a computer disk of the 
comments.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office 
of Standards, Regulations, and Variances, MSHA; 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Regulatory 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identify obsolete, outdated, redundant, or unnecessary provisions that 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 proposed rule is part of MSHA's ongoing plan to improve 
its regulations. The removal of parts 26 and 29, from title 30 of the 
Code of Federal Regulations (30 CFR), would not reduce protection to 
miners. These provisions are covered by other MSHA regulations. 
Conforming amendments to other 30 CFR parts would be made, as 
appropriate.
    To increase awareness of this regulatory action, MSHA will mail a 
copy of this proposed rule to all mine operators and miners' 
representatives and post it on MSHA's Website.

II. Discussion of Proposed Rule

A. 30 CFR 26--Lighting Equipment for Illuminating Underground Workings

    In 1958, MSHA developed the regulations in 30 CFR 26 to establish 
specifications for the approval of mine lighting systems that are used 
independently, i.e., not connected to an approved machine. These 
specifications contain permissibility requirements to ensure that the 
electric system and components do not pose an explosion hazard, and 
design requirements to address the adequacy of the light intensity. 
MSHA has received only one application for approval of mine lighting 
systems under 30 CFR 26 since 1978.
    Even though MSHA is proposing to remove 30 CFR 26, lighting systems 
approved under this part could continue to be manufactured and 
distributed for use in mines, as long as this was done in accordance 
with the drawings and specifications upon which the approval was based 
and there were no changes in the approved systems. No changes in 
approved systems could be made under 30 CFR 26 once it was deleted. Any 
future changes to lighting systems approved under 30 CFR 26 would 
require a new application for approval under 30 CFR 18.
    Currently, approvals of lighting systems which are used 
independently, as well as those which are part of MSHA-approved 
equipment, can be requested under the requirements of 30 CFR 18, 
Electric Motor Driven Mine Equipment and Accessories. The general 
requirement in 30 CFR 18, subpart A; certain design and construction 
requirements in subpart B (i.e. Secs. 18.20, 18.23, 18.24, 18.25, 18.30 
18.35, 18.41, 18.48, 18.50, and 18.51); and certain inspections and 
tests in subpart C (i.e. Secs. 18.62, 18.66, 19.67, and 18.68), as well 
as any other provisions necessary to address the design and performance 
of the systems, are applicable to the approval of independent mine 
lighting systems. For example, an evaluation for intrinsic safety under 
30 CFR 18 includes a ``Lamp Bulb Breakage'' test which consists of 
breaking the bulb in the presence of an explosive mixture of methane-
in-air. In addition to the permissibility and intrinsic safety 
requirements in 30 CFR 18, provisions in 30 CFR 75.1719-1 through 
75.1719-3 contain voltage limitations, specify the amount of light 
required in mine workings, and address other safety requirements 
applicable to mine lighting systems.
    For these reasons, MSHA believes that the approval regulations in 
30 CFR 26 are redundant and is proposing to remove them.

B. 30 CFR 29-Portable Coal Dust/Rock Dust Analyzers, and Continuous 
Duty, Warning Light, Portable Methane Detectors for Use in Coal Mines

    MSHA originally developed the regulations in 30 CFR 29 in the early 
1970's to provide performance requirements for the approval of portable 
coal dust/rock dust analyzers for use in measuring the incombustible 
content of mine dusts; and for the approval of continuous duty, warning 
light, portable methane detectors for use in providing a visual signal 
of the presence of methane. At that time, MSHA anticipated that there 
would be a need for the approval of these types of instruments. MSHA 
has now determined, however, that the approval requirements in 30 CFR 
29 for both portable coal dust/rock dust analyzers and continuous duty, 
warning light, portable methane detectors are unnecessary and is 
proposing to remove this part.
    Even though MSHA is proposing to remove 30 CFR 29, portable coal 
dust/rock dust analyzers and continuous duty, warning light, portable 
methane detectors approved under this part could continue to be 
manufactured and distributed for use in mines, as long as this was done 
in accordance with the drawings and specifications upon which the 
approval was based and there were no changes in the approved devices. 
No changes in these approved devices could be made under 30 CFR 29 once 
it was deleted. Any future changes to such devices approved under 30 
CFR 29 would require a new application for approval under 30 CFR 18 or 
22, as discussed below.
    Portable coal dust/rock dust analyzers. MSHA has never issued an 
approval for a portable coal dust/rock dust analyzer under 30 CFR 29. 
An experimental approval was granted in the late 1980's; however, the 
project was never completed. Furthermore, the performance requirements 
in 30 CFR 29 for portable coal dust/rock dust analyzers are now 
outdated. MSHA believes that 30 CFR 29 is no longer necessary or viable 
for approval of a portable coal dust/rock dust analyzer because there 
has been negligible

[[Page 47121]]

interest in approval of such an instrument, and the performance 
requirements are outdated. The elimination of 30 CFR 29, therefore, 
would not reduce protection afforded miners by the existing standards.
    Although no such request is anticipated, should portable coal dust/
rock dust analyzers be developed in the future, they could be approved 
under 30 CFR 18, Electric Motor Driven Mine Equipment and Accessories. 
Approvals are routinely issued under 30 CFR 18 for instruments that are 
not required by regulation, but are being used in underground mines, 
provided that they meet the requirements for intrinsic safety in 30 CFR 
18.68 and are determined to be safe for their intended use as required 
by 30 CFR 18.20(b). In addition, the general requirements in 30 CFR 18, 
subpart A, as well as any other provisions necessary to address the 
design and performance of the instrument, are appropriate for the 
approval of portable coal dust/rock dust analyzers.
    Continuous duty, warning light, portable methane detectors. MSHA 
has not issued a new approval for a continuous duty, warning light, 
portable methane detector under 30 CFR 29 since 1981. When 30 CFR 29 
was developed, portable methane detectors approved under 30 CFR 22 did 
not have continuous monitoring, nor warning or alarm capability. Since 
1981, however, advancements in technology have resulted in instruments 
that are suitable for approval both as portable methane detectors under 
30 CFR 22 and which also have the capability to be used for continuous 
personal monitoring and warning or alarm. Portable methane detectors in 
use in mines now routinely have the capabilities specified in 30 CFR 
29, and MSHA has approved them for the past 16 years under 30 CFR 22, 
Portable Methane Detectors.
    If MSHA were to receive a new request under 30 CFR 29 for approval 
of a methane detector that is portable, operates continuously, and 
provides a warning to the user, the Agency could conduct an equivalent 
evaluation of the instrument using the approval requirements in 30 CFR 
22. For these reasons, MSHA believes that 30 CFR 29 is unnecessary and 
that its removal would not reduce protection afforded miners by the 
existing standards.

III. Executive Order 12866

    Executive Order 12866 requires that regulatory agencies assess both 
the costs and benefits of regulations. 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.

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 removes approval 
regulations for equipment that can be approved under other existing 
MSHA regulations. The benefit of removing redundant provisions is that 
MSHA regulations would be more concise, clearer, easier to use, and 
reflect advances in technology. This proposed rule would have no 
economic impact on the mining industry.

V. Paperwork Reduction Act

    This proposed 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 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.

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 proposed rule on 
children. The Agency has determined that the proposed rule would have 
no effect on children.

List of Subjects

30 CFR parts 26 and 29

    Mine safety and health.

30 CFR parts 57 and 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, MSHA proposes to amend chapter I, 
title 30 of the Code of Federal Regulations as follows:

PART 26--LIGHTING EQUIPMENT FOR ILLUMINATING UNDERGROUND WORKINGS

    1. Part 26 is removed.

PART 29--PORTABLE COAL DUST/ROCK DUST ANALYZERS, AND CONTINUOUS 
DUTY, WARNING LIGHT, PORTABLE METHANE DETECTORS FOR USE IN COAL 
MINES

    2. Part 29 is removed.

PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND 
NONMETAL MINES

    3. The authority citation for part 57 continues to read as follows:

    Authority: 30 U.S.C. 811.

    4. Section 57.22303 is revised to read as follows:


Sec. 57.22303  Approved equipment (I-C mines).

    Only electric equipment that is approved by MSHA under the

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applicable requirements of 30 CFR parts 18 through 28 shall be used 
underground, except for submersible sump pumps.

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

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

    Authority: 30 U.S.C. 811.

    6. 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; and
    (9) Methane-Monitoring Systems, part 27.

[FR Doc. 98-23349 Filed 9-2-98; 8:45 am]
BILLING CODE 4510-43-P