[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Proposed Rules]
[Pages 72620-72621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33532]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 18 and 75

RIN 1219-AA75


Electric Motor-Driven Mine Equipment and Accessories and High-
Voltage Longwall Equipment Standards for Underground Coal Mines

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

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

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SUMMARY: This notice announces that we (MSHA) have updated our 
Preliminary Regulatory Impact and Flexibility Analysis (PRIA) for our 
proposed rule on high-voltage longwall equipment and that we are 
reopening the rulemaking record for the limited purpose of providing 
interested parties an opportunity to comment on the updated PRIA. The 
updated PRIA includes an evaluation of the impact of the part 18 
approval requirements on small manufacturers and the impact of the 
proposed part 75 requirements on small mines. The updated PRIA 
concludes that the proposal would not have a significant economic 
impact on a substantial number of these small entities. Only comments 
addressing the updated PRIA, including the economic impact of the 
proposal on small manufacturers and small mine operators described in 
the PRIA, will be considered by MSHA. You may obtain a copy of the 
updated PRIA 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://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 as such 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.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director; 
Office of Standards, Regulations, and Variances, MSHA; 703-235-1910. 
Copies of this reopening notice and updated PRIA in alternate formats 
may be obtained by calling (703) 235-1910.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 4, 1989, (54 FR 50062), we issued a proposed rule 
revising our electrical safety standards for underground coal mines. 
That proposal addressed all of our electrical standards for underground 
coal mines and would have allowed the use of high-voltage longwall 
equipment; however, it did not specifically focus on the safety issues 
related to the use of high-voltage longwall equipment. We published a 
new proposed rule on August 27, 1992, (57 FR 39036) related 
specifically to the use of high-voltage longwall equipment in 
underground coal mines. This proposal also addressed approval 
requirements for high-voltage electrical equipment operated in longwall 
face areas of underground coal mines. The comment period on the 
proposal was scheduled to close on October 23, 1992, but was extended 
to November 13, 1992 (57 FR 48350). Because considerable time had 
passed since the record had closed, we reopened the rulemaking record 
on October 18, 1995 (60 FR 53891), to provide all interested parties an 
opportunity to submit additional comments on the proposed rule. The 
comment period was scheduled to close on November 14, 1995, but was 
extended to December 18, 1995 (60 FR 57203), the date on which the 
record closed. We received no requests for a public hearing on the 
proposal.
    The high-voltage longwall proposal would revise our existing 
standards to allow the use of high voltage longwall mining systems. 
Longwall mining is a mining method which has undergone advances in 
technology during the past 25 years. These technological advances have 
led to improved, safer systems. The proposal would be implemented in 
conjunction with revisions to 30 CFR part 18 which would make 
conforming changes to approval and design requirements for high-voltage 
equipment. The additional requirements under part 18 are also 
consistent with advances in mine technology in that they would require 
high-voltage switchgear used on face equipment to have enhanced safety 
protection from fire, explosion, and shock hazards.

II. Specific Issue: Regulatory Flexibility Act (RFA)

    The RFA requires an agency to analyze a proposed rule's impact on 
small entities, publish the analysis for public comment, discuss 
regulatory alternatives considered that are consistent with the purpose 
of applicable statutes, and explain the rationale for the regulatory 
option proposed. If there is no significant economic impact on a 
substantial number of small entities, an agency can so certify, 
providing a factual basis for the certification. In Chapter V of the 
PRIA on the high-voltage longwall proposal (available simultaneously 
with the proposed rule on August 27, 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 impact and cost of 
the rule. The 1992 PRIA invited the public to comment on these small 
entity and cost conclusions.
    At the time the high voltage proposal was published, we used our 
traditional definition of a small mine as one that employed fewer than 
20 miners. In order to comply fully with the RFA requirements, we must 
use the Small Business Administration (SBA) definition of a small 
entity. For the mining industry, SBA defines a ``small'' mine as one 
with 500 or fewer employees. To ensure that the high-voltage longwall 
proposed rule conforms with the RFA, MSHA has analyzed the impact of 
the proposed rule on mines with 500 or fewer employees (as well as on 
those with fewer than 20 employees). MSHA determined that the proposed 
rule would not have a significant economic impact on a substantial 
number of small mines, whether a small mine is defined as one with 500 
or fewer miners or one with fewer than 20 miners. The Agency has 
further determined that the proposed rule would not have a significant 
economic impact on a substantial number of small entities engaged in 
the manufacture of high-voltage longwall equipment. The SBA has defined 
these small entities as those manufacturers with 750 or fewer 
employees. To ensure that the PRIA for the high voltage proposal 
conforms with the appropriate criteria, we have updated our evaluation 
of the proposal's impact on small mines and small manufacturers in the 
updated PRIA using the SBA definitions. The updated PRIA also reflects 
current economic and

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industry data and addresses comments received on the PRIA from 
commenters on the 1992 proposal.

III. Request for Comments

    This is a limited reopening of the record to provide you an 
opportunity to comment on our updated PRIA and its assessment that the 
high voltage longwall proposal would not have a significant economic 
impact on a substantial number of small entities, either small mines or 
small manufacturers of high voltage equipment, as defined by the SBA. 
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 
addressing the substantive provisions of proposed parts 18 and 75 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.
    Again, you can obtain a copy of this reopening notice and the 
updated PRIA 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. 99-33532 Filed 12-27-99; 8:45 am]
BILLING CODE 4510-43-P