[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43280-43283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20408]


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

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: Final rule; technical amendments.

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

SUMMARY: We are removing 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 is addressed by other MSHA regulations. Removal of these 
parts will not reduce protection for miners. This final rule will 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.

EFFECTIVE DATE: This regulation is effective October 12, 1999.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting 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, we conducted a review of our existing regulations to 
identify obsolete, outdated, redundant, or unnecessary provisions that 
can be removed or revised without reducing protection afforded miners. 
This final rule is part of our ongoing plan to improve our regulations. 
The removal of parts 26 and 29, from title 30 of the Code of Federal 
Regulations (30 CFR), will not reduce protection to miners. These 
provisions are covered by other MSHA regulations. Conforming amendments 
to other 30 CFR parts will be made, as appropriate. To increase 
awareness of this regulatory action, we will mail a copy of this final 
rule to all mine operators and miners' representatives and post it on 
MSHA's Website at www.msha.gov.
    Even though we are removing 30 CFR parts 26 and 29, lighting 
equipment for illuminating underground workings and continuous duty, 
warning light, portable methane detectors approved by MSHA

[[Page 43281]]

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 such approvals were based and there are 
no changes in the approved devices.
    On September 3, 1998, we published a proposed rule in the Federal 
Register (63 FR 47120) requesting public comments on our intention to 
remove 30 CFR parts 26 and 29 and make conforming changes to 30 CFR 
parts 57 and 75. We allowed 60 days for public comment and received no 
comments, no requests for an extension of the comment period, and no 
requests for a public hearing on the proposal.

II. Discussion of Final Rule

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

    In 1958, we 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 we are removing 30 CFR 26, lighting systems approved 
under this part can continue to be manufactured and distributed for use 
in mines as long as done in accordance with the drawings and 
specifications upon which the approval is based and provided there are 
no changes in the approved systems. We will not permit changes in the 
approved systems under 30 CFR 26 once it is deleted. Any future changes 
to lighting systems approved under 30 CFR 26 will 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 
requirements in 30 CFR 18, subpart A; certain design and construction 
requirements in subpart B (e.g., 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 (e.g., 18.62, 18.66, 18.67, and 18.68), as well as 
any other provisions necessary to address the design and performance of 
the system, 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, we believe that the approval regulations in 30 
CFR 26 are unnecessary. Therefore, we are removing part 26. This final 
rule will not reduce the protection afforded to miners.

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

    We 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 dust; 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, we anticipated that there 
would be a need for the approval of these types of instruments. We have 
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. Therefore, 
we are removing part 29.
    Although we are removing 30 CFR 29, any devices approved under this 
part can continue to be manufactured and distributed for use in mines 
as long as done in accordance with the drawings and specifications upon 
which the approval is based and provided there are no changes in the 
approved devices. To clarify this point, MSHA has modified the 
conforming amendments in parts 57 and 75 to indicate that devices 
approved under part 29 prior to its removal (30 CFR part 29 contained 
in the 30 CFR, parts 1-199, edition, revised as of July 1, 1999), may 
continue to be used. We will not permit changes in these approved 
devices under 30 CFR 29 once it is deleted. Any future changes to such 
devices approved under 30 CFR 29 will require a new application for 
approval under 30 CFR 18 or 22, as discussed below.
    Portable coal dust/rock dust analyzers. We have 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. We believe 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 interest in approval of such 
an instrument. Furthermore, the performance requirements in 30 CFR 29 
for portable coal dust/rock dust analyzers are now outdated. The 
elimination of 30 CFR 29, therefore, will 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 can 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 to be used in underground mines, 
provided that they meet the intrinsic safety requirements in 30 CFR 
18.68 and are 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. We have 
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, 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 
monitoring and warning or alarm. Portable methane detectors in use in 
mines now routinely have the capabilities specified in 30 CFR 29, and 
we have approved them for the past 16 years under 30 CFR 22, Portable 
Methane Detectors.
    If we 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, we could conduct an equivalent 
evaluation of the instrument using the approval requirements in 30 CFR 
22. For these reasons, we believe that 30 CFR 29 is

[[Page 43282]]

unnecessary and that its removal will 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. We have determined that this 
final rule does not meet the criteria for a significant regulatory 
action and, therefore, have not prepared a separate analysis of costs 
and benefits. The analysis contained in this preamble meets our 
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, we 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 we traditionally have considered small mines to be 
those with fewer than 20 employees, we have analyzed the impact of the 
final rule on mines with 500 or fewer employees for the purposes of the 
RFA. We have also evaluated the impact of the rule on small 
manufacturers of lighting equipment for illuminating underground 
workings and small manufacturers of continuous duty, warning light, 
portable methane detectors using the appropriate SBA definition of 500 
or fewer 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, either small mines or small manufacturers. No 
small governmental jurisdictions or nonprofit organizations are 
affected.
    Under the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) amendments to the RFA, we must include in the final rule a 
factual basis for this certification. We also must publish the 
regulatory flexibility certification in the Federal Register, along 
with its factual basis. We believe that this analysis provides a 
reasonable basis for the certification in this case.
    We have 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 and approval holders.

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, either small mines or small manufacturers. This final 
rule removes approval regulations for equipment that can be approved 
under other existing MSHA regulations. The benefit of removing 
unnecessary 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 and, therefore, results in no 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.

VIII. Executive Order 13084 Consultation and Coordination With 
Indian Tribal Governments

    The Agency has reviewed this final rule in accordance with 
Executive Order 13084, and certifies that the final rule does not 
impose substantial direct compliance costs on Indian tribal 
governments, because they neither manufacture products covered by parts 
26 and 29 nor operate any underground coal or gassy metal/nonmetal 
mines.

IX. Executive Order 12612 Federalism

    Executive Order 12612, regarding federalism, requires that 
agencies, to the extent possible, refrain from limiting state policy 
options, consult with states prior to taking any actions which would 
restrict state policy options, and take such actions only when there is 
clear constitutional authority and the presence of a problem of 
national scope. This rule does not limit state policy options, because 
they neither manufacture products covered by parts 26 and 29 nor 
operate any underground coal or gassy metal/nonmetal mines, it complies 
with the principles of federalism and with Executive Order 12612.

X. Executive Order 12630 Government Actions and Interference With 
Constitutionally Protected Property Rights

    This rule is not subject to Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights, because it does not involve implementation of a policy with 
takings implications.

XI. Executive Order 12988 Civil Justice Reform

    The Agency has reviewed Executive Order 12988, Civil Justice 
Reform, and determined that this rulemaking will not unduly burden the 
Federal court system. The regulation has been written so as to provide 
a clear legal standard for affected conduct, and has been reviewed 
carefully to eliminate drafting errors and ambiguities.

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 3, 1999.
Marvin W. Nichols, Jr.,
Deputy 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, 30 CFR, chapter I, is amended 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.


[[Page 43283]]


    4. Section 57.22303 is revised to read as follows:


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

    Only electrical equipment that is approved by MSHA under the 
applicable requirements of 30 CFR parts 18 through 28 or approved under 
30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised 
as of July 1, 1999, 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 if 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;
    (9) Methane-Monitoring Systems, part 27; and
    (10) Continuous Duty, Warning Light, Portable Methane Detectors, 30 
CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as 
of July 1, 1999.

[FR Doc. 99-20408 Filed 8-9-99; 8:45 am]
BILLING CODE 4510-43-P