[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Proposed Rules]
[Pages 72617-72619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33531]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 14, 18, and 75

RIN 1219-AA92


Requirements for the Approval of Flame-Resistant Conveyor Belts

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

ACTION: Proposed rule; limited reopening of the record; request for 
public comments.

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SUMMARY: We (MSHA) are reopening the rulemaking record on our proposed 
rule revising the requirements for approval of flame-resistant conveyor 
belts for the limited purpose of giving you (interested parties) an 
opportunity to comment on two documents. These documents are an updated 
Preliminary Regulatory Impact Analysis (PRIA) and an updated Paperwork 
Reduction Act (PRA) submission filed with OMB. The updated PRIA, using 
recent economic and industry data, evaluates the impact of the proposed 
part 14 approval requirements on small manufacturers and the impact of 
proposed part 75 modifications on small mines. The updated PRIA 
concludes that the proposal would not have a significant economic 
impact on a substantial number of small entities. The updated paperwork 
submission evaluates the information collection requirements of the 
proposal using OMB's 1995 revised 83-I. Only comments addressing the 
updated PRIA, including its conclusion that the proposal would not have 
a significant economic impact on a substantial number of small 
entities, and the information collection requirements of the updated 
paperwork submission will be considered by MSHA. You may obtain a copy 
of the updated PRIA and updated paperwork submission, using revised 
form 83-I and Supporting Statement, from MSHA's Office of Standards, 
Regulations, and Variances; 4015 Wilson Boulevard, Room 631, Arlington, 
VA 22203; telephone (703) 235-1910. You may also access our Internet 
website at http://

[[Page 72618]]

www.msha.gov to obtain an electronic copy.

DATES: Please submit your comments on or before February 28, 2000.

ADDRESSES: You may use mail, facsimile (fax), or electronic mail to 
MSHA. Clearly identify your comments and send them--
    (1) By mail to Carol J. Jones, Acting Director, Office of 
Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 631, 
Arlington, VA 22203-1984; or
    (2) By fax to MSHA, Office of Standards, Regulations, and 
Variances, 703-235-5551; or
    (3) By electronic mail to [email protected].
    We would appreciate receiving an original hard copy of your 
comments for accuracy.
    In addition, send your comments on the information collection 
requirements to the Office of Information and Regulatory Affairs, OMB, 
Attention: Desk Officer for MSHA, 715 17th Street NW., Room 10235, 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, (703) 235-1910. Copies 
of this reopening notice, updated PRIA and updated paperwork submission 
in alternate formats may be obtained by calling (703) 235-1910.

SUPPLEMENTARY INFORMATION:

I. Background

    Prior to the initiation of this rulemaking, we held a public 
meeting on January 19, 1989, in Triadelphia, West Virginia, to discuss 
the development of the revised laboratory-scale flame test to evaluate 
the resistance of conveyor belts to ignition and flame propagation [54 
FR 1802]. On December 24, 1992, we published a proposed rule to 
implement new procedures and requirements for testing and approval of 
flame-resistant conveyor belts and requirements for their use in 
underground coal mines [57 FR 61524], requesting public comment by 
February 22, 1993. The date for comments was extended to March 26, 
1993, in response to public request. Several commenters requested a 
hearing on this proposal. On May 2, 1995, we held a public hearing in 
Washington, Pennsylvania [69 FR 16589]. The post-hearing comment period 
closed on June 5, 1995.
    On June 1, 1995, the United Mine Workers of America (UMWA) and the 
Bituminous Coal Operators' Association (BCOA) jointly submitted ten 
(10) questions regarding the proposed rule and issues raised at the 
public hearing. On October 31, 1995, we placed a written response to 
each question in the rulemaking record. On the same date we reopened 
the record for 45 days to give all interested parties an opportunity to 
provide any additional data, test results, and technical information 
[60 FR 55353]. On December 20, 1995, we extended the comment period to 
February 5, 1996 [60 FR 65609], the date on which the record closed.

II. Specific Issues

A. The Regulatory Flexibility Act (RFA)

    The RFA requires us to analyze and publish, for public comment, the 
impact of a proposed regulation on small entities. This analysis must 
consider regulatory alternatives consistent with the purpose of 
applicable statutes, and explain our rationale for the regulatory 
option proposed. If there is no significant economic impact on a 
substantial number of small entities, we can so certify, providing a 
factual basis for the certification. In Chapter V of the PRIA for the 
conveyor belt proposal (available simultaneously with the proposed rule 
on December 24, 1992), we preliminarily assessed the impact of the 
proposal and determined that the proposed rule would not have a 
significant economic impact on a substantial number of small mining 
operations. The preamble to the proposal also included a discussion of 
our preliminary conclusions about the cost of the rule and invited all 
conveyor belt manufacturers and mine operators, including small 
manufacturers and small operators, to comment.
    At the time the conveyor belt proposal was published, we defined a 
small mine to be one that employed fewer than 20 miners. In order to 
fully comply with the RFA requirements, we must use the Small Business 
Administration (SBA) definition for ``small mine'' and ``small conveyor 
belt manufacturer.'' For the mining industry, SBA defines a ``small'' 
mine as one with 500 or fewer employees. SBA's definition of a small 
conveyor belt manufacturer is also one with 500 or fewer employees. To 
ensure that the PRIA for the conveyor belt proposal conforms with the 
appropriate criteria, we have updated our evaluation of the impact of 
the proposal on small mines and small manufacturers in the PRIA using 
the SBA definitions. The updated PRIA also reflects current economic 
and industry data and addresses comments received on the PRIA from 
commenters on the 1992 proposal.
    This notice advises the mining industry that we are reopening the 
record for the limited purpose of receiving comments from you on the 
updated PRIA and its assessment that the conveyor belt proposal would 
not have a significant economic impact on a substantial number of small 
entities, either small mines or small manufacturers, as defined by the 
SBA. Comments which are outside the scope of this notice will not be 
considered.

B. The Paperwork Reduction Act (PRA) of 1995

    The proposed rule for conveyor belts, published on December 24, 
1992, summarized the paperwork burdens of the proposal based on the 
paperwork evaluation set out in the SF 83 and Supporting Statement, 
consistent with the PRA of 1980. It also requested comments on the 
collection of information requirements contained in the proposal from 
interested parties, asking that such comments be sent to us and to the 
MSHA Desk Officer at the Office of Management and Budget's (OMB) Office 
of Information and Regulatory Affairs (OIRA). Prior to publication of 
the proposal, by transmittal letter dated June 24, 1992, the Secretary 
sent to OMB a copy of the proposed rule, the PRIA, and the paperwork 
submission using form SF 83 required under Executive Order 12291 and 
the PRA. These documents are part of the rulemaking record of this 
proposal. However, we have confirmed that OIRA has no files on our 
conveyor belt proposal nor a record indicating that the proposed rule, 
PRIA, and paperwork submission were received by that office.
    This notice advises you that we are resubmitting a proposed 
paperwork submission on the requirements for approval of flame-
resistant conveyor belt to OMB for its review and approval under 44 
U.S.C. Sec. 3507(d) of the PRA. This resubmittal provides you with the 
opportunity to comment. We updated the paperwork submission to address 
changes contained in the PRA of 1995, to reflect current industry and 
economic data, and to address comments received on the information 
collection requirements from commenters on the 1992 proposal. It uses 
the 1995 OMB revised form 83-I, instead of the SF 83 prepared and 
transmitted to OMB with the conveyor belt proposal in 1992.
    Descriptions of the respondents and information collection 
requirements follow with an estimate of the annual information 
collection burden and cost of that burden. The burden hour estimate 
includes the time for reviewing instructions, gathering and maintaining 
the data needed, and completing and reviewing the collected 
information.

[[Page 72619]]

1. Description of the Proposed Collection of Information Requirements, 
the Need for and Proposed use of the Information
    Under the Federal Mine Safety and Health Act of 1977 (Mine Act), we 
are required to approve certain products and equipment for use in 
underground coal mines. This approval indicates that MSHA's 
specifications and tests, designed to ensure that a product will not 
present a fire, explosion, or other specific safety hazard related to 
use, are met. Section 311(h) of the Mine Act requires that all conveyor 
belts acquired for use underground meet the requirements established by 
the Secretary for flame-resistant conveyor belts. Because of the fire 
hazards in underground coal mines, our current safety standard, 30 CFR 
75.1108, requires the use of flame-resistant conveyor belts.
    If you are a manufacturer who desires to market your belts as 
approved for use in underground coal mines, you must submit an 
application for conveyor belt approval to us. The paperwork provisions 
found in proposed Sec. 14.4(c) and (d), application for approval and 
extension of approval, would require an application for approval of 
flame-resistant belt to contain product specifications, including 
compound formulation, describing the belt or proposed changes to 
approved belting. This information would be used by our technical 
experts to assess the belt's compliance with the proposed technical 
requirements and to determine whether the belt should be approved for 
use in underground coal mines. Further, under proposed Sec. 14.5, the 
applicant would need to submit three 5-foot by 9-inch samples of the 
belt to MSHA for testing where testing of the belt is required. Our 
approval marking on a product indicates that the product meets the 
specified technical requirements. The information this proposed rule 
would require is essentially the same information currently required by 
manufacturers seeking ``acceptance'' of conveyor belts under part 18.
    Any product not in compliance with these proposed requirements 
would need to be traced and replaced or withdrawn from use if it could 
present a hazard to miners. Proposed Sec. 14.7(d) would require you, as 
an approval-holder, to maintain records on the distribution of all 
conveyor belts bearing an approval marking. The proposal does not 
specify a set number of years for retention of records on the 
distribution of approved belts, or the type of record you must 
maintain. Instead, the proposed rule would require retention of records 
for at least the projected service life of the belt, as determined by 
you, the applicant. This approach would recognize that the life of a 
belt can vary depending on factors such as its physical 
characteristics, use as a main line or section belt, the type of 
material being transported, and belt maintenance. We assume that most 
manufacturers would use existing record systems to fulfill this 
proposed requirement.
    Proposed Sec. 14.8(d) would require you, as an approval-holder, to 
notify us immediately should you become aware that approved belts may 
have been distributed that do not meet the requirements for flame 
resistance upon which the approval is based. Prompt notification is 
important so that we could work with you on appropriate corrective 
action to protect miners from the hazards of fire which noncompliant 
conveyor belting could affect.
2. Description of Respondents
    The respondents in the paperwork provisions are mine equipment 
manufacturers who produce conveyor belts for underground mines. 
Although there are 74 firms or subsidiaries of firms that hold MSHA 
acceptances for conveyor belts under the existing rule in part 18, the 
number of active belt manufacturers has decreased since the time the 
proposed rule was published in 1992. Some companies are no longer in 
business and some have been consolidated with other companies. 
Therefore, MSHA estimates that only ten manufacturers of conveyor belts 
would submit applications for approval of flame-resistant conveyor belt 
under the proposed rule. These manufacturers produce a number of 
different conveyor belts which are normally approved through separate 
applications for approval. An application for approval would be 
required whenever a new approval is sought under the proposed part 14 
requirements, or when changes to a previously approved belt are 
planned.
3. Information Collection Burden
    We estimate that there would be 663 burden hours for the first year 
related to conveyor belt manufacturers, 383 hours for the second year 
and 143 burden hours for each year thereafter, for a total of years one 
through three of 1,189 burden hours. The costs associated with that 
burden would be $46,734 for the first year, $27,269 for the second year 
and $10,199 for each succeeding year for a total of $84,202. With 
respect to this collection of information, we request your comments 
specifically on the resubmitted paperwork submission. You are invited 
to comment further on:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (2) The accuracy of our estimate of the projected burden, including 
the validity of methodology and assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
respondents, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques, or other 
forms of information technology

III. Request for Comments

    This is a limited reopening of the record to provide you an 
opportunity to comment on the updated PRIA and the updated paperwork 
submission we are resubmitting to OMB on the proposed requirements for 
the approval of flame-resistant conveyor belts. We will consider 
comments addressing the economic impact of the proposal on small 
manufacturers and small mines and our conclusion, in the updated PRIA, 
that the proposal would not have a significant economic impact on a 
substantial number of small entities. Comments on the information 
collection requirements in the updated paperwork submission will also 
be considered. Comments addressing the substantive provisions of 
proposed part 14 and Sec. 75.1108-1 will not be considered due to the 
limited scope of this reopening notice.
    We encourage you to take advantage of this opportunity to provide 
information and express your concerns on the specific issues discussed 
here.
    You can obtain a copy of the updated PRIA and updated paperwork 
submission by contacting MSHA at the address or telephone number 
provided at the beginning of this notice. These documents are also 
available on our website at http://www.msha.gov.

    Dated: December 13, 1999.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 99-33531 Filed 12-27-99; 8:45 am]
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