[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43286-43287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20410]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AA98


Improving and Eliminating Regulations; Approved Books and Records

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

ACTION: Final rule; technical amendment.

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SUMMARY: We (MSHA) are revising our regulations to remove certain 
regulations on Approved Books and Records from the Code of Federal 
Regulations. Forms required by these regulations are obsolete and some 
requirements are redundant. In addition, we are revising regulations 
concerning the records of the testing, examination, and maintenance of 
circuit breakers to clarify that secure electronic records may be used 
and that records must be retained for one year.

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

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director, 
Office of Standards, Regulations, and Variances: 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identify obsolete, outdated, redundant, or unnecessary provisions that 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. On September 3, 1998, MSHA published a proposed rule in the 
Federal Register (63 FR 47122) requesting public comment on its 
intention to remove part 75, subpart S, Approved Books and Records, and 
revising 30 CFR 75.800-4 concerning the records of the testing, 
examination, and maintenance of circuit breakers to clarify that secure 
electronic records may be used and that the records shall be retained 
for one year. The Agency 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. Consequently, the final 
rule is unchanged from the proposal. This final rule will streamline 30 
CFR part 75 by improving consistency and clarity in MSHA requirements 
for approved books and records for underground coal mines without 
reducing protection to miners.

II. Discussion of Final Rule

    Existing MSHA standards in 30 CFR 75, subpart S, Approved Books and 
Records, contain recordkeeping requirements for certain tests and 
examinations conducted in underground mines. Subpart S specifies 
approved books for recording test results, as well as the manner in 
which the books are to be maintained.
    Existing 30 CFR 75.1800(b) specifies approved forms on which mine 
operators are to record results for provisions in 30 CFR 75.1801 
through 75.1808. Of these, however, only 30 CFR 75.1806 and 75.1808 
remain in 30 CFR 75, subpart S. In addition, all the forms listed are 
obsolete and are no longer in use.
    Existing 30 CFR 75.1800(c) allows mine operators to use record 
books kept to comply with State requirements, in lieu of the books 
required in 30 CFR 75, subpart S, if the MSHA district manager 
determines that those books provide the information specified in any 
record book required by the MSHA regulation.
    The only records specified in 30 CFR 75, subpart S, are those in 30 
CFR 75.1806 which require that the results of monthly examinations of 
high voltage circuit breakers, required by 30 CFR 75.800-3 and 75.800-
4, be recorded in a book entitled ``Monthly Examinations of Surface 
High Voltage Circuit Breakers'', Form 6-1293. This form is no longer in 
use and MSHA no longer approves record books.
    Existing 30 CFR 75.1808 requires that all approved books and 
records maintained under the provisions of 30 CFR 75.1801 through 
75.1807 be stored in a fireproof repository on the surface of the mine, 
in a location chosen by the mine operator, and be made available to 
interested persons. This provision now applies only to 30 CFR 75.1806. 
To be consistent with other MSHA recordkeeping requirements, and to 
accommodate the electronic storage of data, we are deleting this 
requirement.
    The rule recognizes the increasing use of electronic storage and 
retrieval of information and revises 30 CFR 75.800-4 to accommodate 
this technology.

[[Page 43287]]

    In addition, we have revised 30 CFR 75.800-4 to clarify that the 
records must be retained for one year. We consider this additional 
requirement to be a non-substantive clarification of the existing 
standard because mine operators already are required to make these 
records available to an authorized representative of the Secretary, 
which implies that they be retained.

III. Executive Order 12866 and Regulatory Flexibility Act

    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 Regulatory Flexibility Act (RFA) requires regulatory 
agencies to consider a rule's impact on small entities. The analysis 
contained in this preamble meets our responsibilities under Executive 
Order 12866 and the Regulatory Flexibility Act.

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 jurisdiction 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.

Factual Basis for Certification

    Based on the fact that there is no substantive change in the 
recordkeeping requirements, we have determined that there would be no 
impact on small businesses. No small governmental jurisdictions or 
nonprofit organizations are affected. 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, we will mail a copy of the final rule, including the preamble 
and regulatory flexibility certification statement, to all affected 
mines and miners' representatives.

IV. Paperwork Reduction Act

    No new or additional paperwork burdens are included in this 
amendment. Test records are required in existing 30 CFR 75.800-3 and 
75.800-4 and are approved under OMB control number 1219-0067. The 
Paperwork Reduction Act of 1995 (PRA 95), however, requires that 
regulations specify a time period for the retention of records. 
Existing 30 CFR 75.800-3 and 75.800-4 do not specify a retention period 
for maintaining these required test records. We are requiring, 
consistent with other MSHA recordkeeping requirements, that these 
records be kept for at least one year.

V. 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.

VI. Executive Order 13045

    In accordance with Executive Order 13045, Protection of Children 
from Environmental Health Risks and Safety Risks, we have evaluated the 
environmental health and safety risks of the final rule on children. We 
have determined that the final rule would have no effects on children.

VII. 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.

VIII. 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. Since this rule does not limit state policy options, it 
complies with the principles of federalism and with Executive Order 
12612.

IX. 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.

X. 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 in 30 CFR Part 75

    Mine safety and health, Reporting and recordkeeping requirements, 
Underground coal mines.

    Dated: August 3, 1999.
Marvin W. Nichols, Jr.,
Deputy Assistant Secretary for Mine Safety and Health.

    For the reasons discussed in the preamble, MSHA proposes to amend 
part 75, subchapter O, chapter I, title 30 of the Code of Federal 
Regulations as follows:

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

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

    Authority: 30 U.S.C. 811.

    2. Section 75.800-4 is revised to read as follows:


Sec. 75.800-4  Testing, examination, and maintenance of circuit 
breakers; record.

    (a) Recordkeeping. The operator shall make a record of each test, 
examination, repair, or adjustment of all circuit breakers protecting 
high-voltage circuits which enter any underground area of the mine.
    (b) Record security. These records shall be made in a secure book 
that is not susceptible to alteration or electronically in a computer 
system so as to be secure and not susceptible to alteration.
    (c) Retention and access. These records shall be retained at a 
surface location at the mine for at least one year and shall be made 
available to authorized representatives of the Secretary, the 
representative of miners, and other interested persons.

Subpart S--[Removed]

    3. Part 75 subpart S--Approved Books and Records, consisting of 
Secs. 75.1800, 75.1806, and 75.1808, is removed and reserved.

[FR Doc. 99-20410 Filed 8-9-99; 8:45 am]
BILLING CODE 4510-43-P