[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Proposed Rules]
[Pages 60611-60616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24387]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AA98


Improving and Eliminating Regulations, Phase 5, Miscellaneous 
Technology Improvements (Methane Testing)

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would provide an alternate method of 
compliance with the requirement for qualified persons to make periodic 
methane tests at face areas from under permanent roof support, using 
extendable probes or other acceptable means.
    The proposed alternative would apply during roof bolting activities 
in room and pillar mining operations using continuous mining machines 
or conventional equipment. It would allow methane tests to be made by 
sweeping a probe inby the last roof support, provided that a number of 
requirements for roof support, ventilation and continuous methane 
monitoring at the roof bolting machine are met to protect the miners. 
The proposed rule would result in increased mining efficiency and would 
provide an equivalent level of safety to miners.

DATES: Comments on the proposed rule must be received on or before 
November 25, 2002.

ADDRESSES: Comments must be clearly identified as such and transmitted 
electronically to [email protected], by facsimile to (202)693-9441, or 
by regular mail or hand delivery to MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2313, Arlington, 
Virginia 22209-3939.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Blvd., Room 2313, Arlington, Virginia 22209-3939, [email protected], (202) 693-9440 (telephone), (202) 693-9441 
(facsimile). This proposed rule is available in alternate formats, such 
as a large print version, an electronic file or a file on a disk, and 
is also available on MSHA's internet site, http://www.msha.gov, at the 
``Statutory and Regulatory Information'' icon.

[[Page 60612]]

I. Supplementary Information

A. Background

    As part of a comprehensive revision of ventilation standards, MSHA 
published the existing rule, Sec.  75.362, On-shift Examination, on 
March 11, 1996 (61 R 9764). This provision requires that methane tests 
be made at the face from under permanent roof support, using extendable 
probes or other acceptable means. Section 75.362(d)(1) requires that a 
qualified person test for methane in each working place at the start of 
each shift, before electrically powered equipment is energized, taken 
into a workplace or operated, and at least every 20 minutes while 
equipment is being operated.
    On-shift examinations of working sections have long been accepted 
as a standard safety practice in coal mining due to the variable nature 
of mining conditions and the potential for hazards to develop quickly. 
These examinations ensure that the environment is safe while miners 
work during the shift by identifying existing or developing hazards, 
and permitting rapid correction of hazardous conditions before miners 
are endangered. Methane tests are a key part of the on-shift 
examination.
    Methane is an invisible, odorless, and highly flammable product of 
coal off-gassing. Ignition of methane by a spark or other source can 
result in a fire or an explosion. A five percent level of methane in 
the air is capable of igniting. Frictional methane ignitions in mining 
can occur when sparks or hot metal fragments from the drill bits on 
mining equipment or roof bolting machines contact the liberated 
methane. Methane liberates from the coal at the face, roof, ribs and 
floor, as well as from pieces of broken coal that have been crushed by 
the mining machine. Ventilation, as provided by an approved ventilation 
plan, dilutes and removes the liberated methane.
    Over the years, the coal mining industry has expanded its use of a 
number of mining methods that increase production. One such method is 
deep cut mining, also called extended cut mining, where a continuous 
mining machine makes cuts greater than 20 feet into the coal seam. 
Formerly, when most continuous mining machines were operated by an on-
board miner positioned in the cab at the rear of the machine, the cut 
was limited to the distance between the cutting head and the cab, or 
about 20 feet, to protect the miner in the cab from hazards associated 
with unsupported roof. Today, most continuous mining machines are 
manufactured to operate with remote control devices, which allow the 
machines to cut well beyond 20 feet into the coal seam while the miner 
stands under supported roof and in an area of reduced coal dust.
    Most of the mining operations today use continuous mining machines 
that make deep cuts. These longer distances to the face make monitoring 
and ventilating methane more difficult. The devices used to test for 
methane often consist of a methane detector attached to either a pole 
which may be held by the miner or an extension device which the miner 
slides forward to the face. In mining sections with deep cuts, the 
longer probe arrangements can telescope 40 feet or more. The comments 
and testimony from the 1996 rulemaking include suggestions that back 
injuries could result from holding the longer probes, although some 
miners testified that the arrangements are practicable without causing 
injuries. MSHA is not aware of any empirical testing concerning 
injuries from the use of these probe arrangements, however, we are 
mindful of the importance of seeking compliance alternatives that will 
ensure safe working practices.
    Generally, a deep cut mining operation begins by directing the 
ventilation to the face, usually by positioning tubes or curtains. 
After that, a qualified person makes a methane test, and the continuous 
mining machine is moved into the area. The continuous mining machine 
cuts from 20 to 40 feet into the coal seam, or even deeper, if approved 
by the mining plan. When the cut is finished, the continuous mining 
machine is backed out, and the ventilation may be adjusted to redirect 
more air to the next face area.
    Following the cut, the roof bolting machine moves into the working 
place. Virtually every roof bolting machine in operation today is 
equipped with an automated temporary roof support (ATRS) system. When 
the ATRS is deployed, the roof is supported by a hydraulically powered 
mechanism. This configuration provides the protection of temporary roof 
support for the miners who are positioned at the drill head control to 
install the roof bolts. After the ATRS is fully deployed, the miner 
installs a row of four or more roof bolts across the width of the cut, 
releases the ATRS, and advances the roof bolting machine to the next 
position. This process is repeated at approximately four-foot 
intervals, depending on the roof bolting plan and machine design, until 
the entire roof is supported up to the face.
    During this entire process, a qualified person, as defined in Sec.  
75.151, makes a methane test at the face before electrically powered 
equipment is energized, taken into the workplace or operated, and at 
least at 20 minute intervals during the operation of this equipment.
    In 1997 MSHA tested an arrangement for conducting methane tests at 
the face by magnetically attaching a portable methane detector to the 
head of the continuous mining machine, which would be trammed forward 
by remote control to the face for the test. However, similar 
arrangements for making methane tests from roof bolting machines are 
not practicable because roof bolting machines do not operate by remote 
control.
    The National Institute for Occupational Safety and Health (NIOSH) 
conducted a study (``Comparison of Methane Concentrations at a 
Simulated Coal Mine Face During Bolting'') which examined issues 
related to methane in working places during roof bolting. In 1999, 
NIOSH presented the study at the 8th U.S. Mine Ventilation Symposium, 
sponsored by the Society of Mining Engineers' Underground Ventilation 
Committee. The testing consisted of gallery simulations using a model 
roof bolting machine fitted with instrumentation to record methane 
levels at various locations in the simulated working place under 
different methane release conditions. A part of this study examined 
MSHA's 38 accident investigation reports from 1981 to 1994 which 
involved methane ignitions at roof bolting machines. The ignition 
source was at the bolting machine in 37 of these accidents, and no 
ignition source was identified in the remaining accident. The report 
shows that a combination of continuous monitoring near the drill head 
together with methane tests inby the roof bolting machine would be 
effective in identifying methane hazards when the primary source of 
methane liberation is the drill hole.
    During the period 1994 through 2001, MSHA investigated 16 accidents 
which involved methane ignitions at roof bolting machines. Twelve of 
these accidents directly involved roof drilling or bolt installation. 
Consistent with the ignitions studied by NIOSH, the accidents involving 
roof drilling or bolt installation occurred when a hot drill bit being 
pulled out of the drill hole ignited a flammable methane-air mixture, 
or when the miner inadvertently drilled through metal roof straps or 
encountered harder than normal substance in the mine roof.
    In November, 1998, the United Mine Workers of America (UMWA) and 
the Bituminous Coal Operators Association (BCOA) jointly recommended 
that

[[Page 60613]]

MSHA amend the current rule to allow the option of taking methane tests 
by sweeping a short probe inby from under supported roof, provided that 
a number of mandatory precautions are taken, such as providing the roof 
bolting machine with both an integral ATRS and a continuous methane 
monitor. The joint recommendation cited the draft NIOSH study, and UMWA 
and BCOA further stated that the suggested compliance option would 
promote greater safety. MSHA believes that this optional method for 
methane testing would provide an equivalent level of safety, and 
therefore proposes this rule which is largely based on the NIOSH 
research and the joint recommendation of labor and industry.
    This proposed rule is designed to protect the miner and to be 
easily integrated into the mining cycle. MSHA encourages all parties to 
fully express their viewpoints during this rulemaking to assist the 
agency in promulgating a final rule that best addresses the safety of 
our nation's underground coal miners.

II. Discussion of the Proposed Rule

A. Subparagraph 75.362(d)(2)

    This proposed rule would add a new subparagraph after the existing 
Sec.  75.362(d)(2) to allow an optional method for making methane tests 
during roof bolting operations. Thus the phrase ``Except as provided in 
subparagraph 75.362(d)(3)'' would be added to the beginning of Sec.  
75.362(d)(2) to clearly show that this option follows.

B. Proposed Subparagraph 75.362(d)(3)

    This proposed subparagraph would allow an alternative method of 
compliance with subparagraph (d)(2) during roof bolting. The required 
methane tests could be made by using a probe to sweep not less than 16 
feet inby the last area of permanently supported roof, provided certain 
requirements are met, as outlined in proposed subparagraphs 
75.362(d)(3)(i) through (vi). MSHA believes that the 16 foot inby 
minimum provides protection equivalent to the current requirement 
whether there are four rows of bolts on a four foot pattern or three 
rows of bolts on a five foot pattern. The probe would go sufficiently 
beyond the unsupported roof to check for the presence of methane.
    Certain difficulties exist in actually making the tests under the 
current standard. The longer probes required to reach the face of a 
deep cut can be unwieldy, and therefore difficult to position 
accurately at the face. Methane tests at the face currently must be 
made with the detector positioned at least 12 inches from the roof, rib 
and face.
    The NIOSH study determined that:

    Compliance with the methane standard would be easier if there 
were alternative sampling locations outby the face. Outby sampling 
locations closer to the bolting operation could also provide better 
measurements of methane when the primary liberation is the drill 
hole.

    The study further determined that:

    The primary way to assure that methane concentrations are not 
ignitable is to monitor methane levels near the drill hole. 
Measurements must also be taken during bolting to determine methane 
concentrations at the face.

    Prior to the 1996 rulemaking, methane tests were taken at the last 
permanent roof support, unless the approved ventilation plan required 
tests be made closer to the working face by using extendable probes or 
other acceptable means. When MSHA published the proposed revisions in 
1994, some commenters expressed concerns about possible higher 
accumulations of methane in the deep cuts, and wanted the methane tests 
to be performed as close to the working face as practicable without 
endangering the miner. Based on data from research done by MSHA and the 
former Bureau of Mines during the prior 25 years, such as Bureau of 
Mines Report of Investigation 7223, ``Face Ventilation in Underground 
Bituminous Coal Mines,'' published in 1969, MSHA agreed with these 
comments. The final rule published in 1996 required that methane tests 
be made at the face area.
    The existing requirement to make all methane tests at the face area 
was intended to provide adequate testing in extended cuts. However, as 
stated above, the ignition hazard during roof bolting is not 
necessarily at the same location as during cutting, that is, the face 
area. The conditions required for an ignition may be present at the 
drill head when the miner drills into the roof. Testing for methane at 
a minimum distance of 16 feet inby the last area of permanently 
supported roof would provide adequate assurance that methane is not 
present or accumulating around the roof bolting machine at the time the 
roof bolter is drilling. The proposed alternative provides at least 
equivalent protection by supplementing methane tests in by the area 
where roof bolting takes place with continuous monitoring at the roof 
bolting machine where methane ignitions have occurred at the time that 
drilling is occurring. The alternative compliance option provided under 
Sec.  75.362(d)(3) can only be used if the conditions of subparagraphs 
Sec.  75.362(d)(3)(i) through (vi) are met, as discussed below.

C. Proposed Subparagraph 75.362(d)(3)(i)

    This proposed subparagraph would require the roof bolting machine 
to be equipped with an integral automated temporary roof support (ATRS) 
system if the alternative testing method is used, and would further 
require the ATRS to meet the requirements of Sec.  75.209. Section 
75.209 provides technical requirements for ATRS systems, which are 
installed on virtually all roof bolting machines. The ATRS provides the 
miner with an additional level of protection during roof bolting 
operations.

D. Proposed Subparagraph 75.362(d)(3)(ii)

    This proposed subparagraph would require the roof bolting machine 
to have a permanently mounted methane monitor. MSHA believes that a 
methane monitor on the roof bolting machine is an effective method of 
testing for methane at a potential principal ignition source during 
roof bolting operations, and is consistent with the NIOSH study 
determinations.
    The proposed subparagraph would further require that the methane 
monitor comply with the requirements of Sec. Sec.  75.342(a)(4), 
75.342(b) and 75.342(c). Section 75.342(a)(4) establishes maintenance 
and calibration requirements for the monitors, requires training for 
miners who perform the maintenance and calibration, and establishes 
record keeping and records retention requirements for the calibration 
tests. While this proposed rule would allow an alternative method for 
making methane tests, it would also require that the methane monitors 
on the roof bolting machines be properly maintained at all times, and 
thus would not allow the use of a methane detector and probe in lieu of 
a poorly maintained or inoperative monitor on the roof bolting machine.
    Section 75.342(b) requires that the methane monitor give a warning 
signal when the air-methane concentration reaches 1.0 per cent, and 
that this warning signal be visible to someone who is able to de-
energize the machine to which the monitor is mounted. Section 75.342(c) 
requires that the methane monitor be able to automatically de-energize 
the machine to which it is mounted when the methane-air mixture reaches 
2.0 per cent or when the monitor is not operating properly. The warning 
signal and automatic de-energization provide

[[Page 60614]]

an additional measure of protection to miners.
    Although methane monitors can be magnetically mounted to roof 
bolting machines, this proposed subparagraph would require that they be 
permanently mounted for reliable operation and assure that the sensor 
remains in an effective location. MSHA does not anticipate that 
permanently mounting the sensor on the ATRS would require 
recertification of the ATRS. However, 30 CFR part 18 requires an 
electrical field modification, which can be filed either by the mine 
operator or the ATRS manufacturer. The electrical field modification is 
required before changes are made to an approved machine to ensure that 
permissibility of the machine to operate in a gassy atmosphere has not 
been compromised. The manufacturer can apply for approval of an ATRS 
system produced with an integral methane monitor.

E. Proposed Subparagraph 75.362(d)(3)(iii)

    This subparagraph sets requirements for the position of the methane 
monitor sensor on the ATRS. First, the sensor must be mounted on the 
inby end of the ATRS, second, it must be within 18 inches of the 
longitudinal center of the ATRS, and third, it must be positioned at 
least 12 inches from the roof when the ATRS is deployed.
    MSHA's proposal to require mounting the sensor on the inby side of 
the ATRS is based on the NIOSH study. In that study, NIOSH found the 
highest statistical correlation to be between face methane 
concentration and a point which would be near the downwind end of the 
ATRS. The proposed requirement to position the methane sensor near the 
center of the ATRS is intended to protect the methane sensor from 
damage. Finally, the proposed requirement for the methane sensor to 
rest at least 12 inches below the roof when the ATRS is deployed 
reflects the standard practice of measuring methane at least 12 inches 
from the surface to obtain a result representative of the general 
environment being measured. MSHA believes this distance achieves a 
balance between effectiveness and practicality.
    The continuous methane monitor mounted to the roof bolting machine, 
together with the probe used to sweep inby for methane, comprise a two-
element system for methane detection. MSHA believes this two element 
system would be effective in detecting methane in the zone containing 
the most likely ignition source.

F. Proposed Subparagraph 75.362(d)(3)(iv)

    This proposed subparagraph specifies the frequency of manual 
methane tests, and is consistent with existing Sec.  75.362(d)(1)(iii), 
which in turn is derived from the statutory provision requiring methane 
tests to be made at least every 20 minutes while electrically powered 
equipment is operated (Mine Act, Section 303(h)(1)).
    Existing Sec.  362(d)(1), in part, requires a methane test before 
the roof bolting machine enters or is operated in the working place. 
Proposed subparagraph (d)(3)(iv) would clarify this provision for roof 
bolting machines to require a qualified person to make a methane test 
before the roof bolting machine enters the working place, unless the 
last test was made within 20 minutes, and would additionally require a 
methane test at least every 20 minutes during roof bolting operations. 
In many instances, a methane test is made immediately before the 
continuous mining machine is withdrawn from a completed cut. Under 
these circumstances, the methane test essentially remains valid for any 
equipment that would enter the working place during the 20 minutes 
following the methane check. Thus, the methane test made before the 
continuous mining machine is withdrawn also meets the requirement for 
the methane check before the roof bolting machine enters the working 
place, provided that 20 minutes have not elapsed since the test was 
made.

G. Proposed Subparagraph 75.362(d)(3)(v)

    Proposed subparagraph 75.362(d)(3)(v) would require that, once a 
methane test is taken at the face, all subsequent methane tests be made 
at the face. As the roof bolting machine advances toward the face, the 
probe used for the methane test will eventually reach the face. A 
number of rows of roof bolts will then be installed before the roof 
bolting machine reaches the face area and the cut is completely bolted. 
Methane testing would be done at the face while these final rows of 
roof bolts are installed.

H. Proposed Subparagraph 75.362(d)(3)(vi)

    Proposed subparagraph 75.362(d)(3)(vi) would allow the district 
manager to require that the ventilation plan include a minimum air 
quantity and the position and placement of ventilation controls to be 
maintained during roof bolting operations. The NIOSH study, as well as 
MSHA's experience, shows that ventilation is effective and appropriate 
during roof bolting operations under certain mining conditions. 
Currently, some mine ventilation plans require minimum air quantities 
to be maintained at the roof bolting machines. Typically, these mines 
liberate substantial quantities of methane, or have a history of 
ignitions or noncompliance with respirable dust standards for bolting 
machine operators. In evaluating ventilation plans, district managers 
will continue to assess these factors and others to determine the 
appropriate plan parameters for air quantities and ventilation control 
devices.
    The NIOSH study was conducted using ventilating air quantities of 
4,000 cfm and 7,000 cfm with methane released at various points at a 
rate of five cubic feet per minute. The study shows that ventilation is 
effective in removing methane from working areas around roof bolting 
machines where significant quantities of methane are liberated in the 
working place and at the face. In these conditions, mine ventilation 
plans could specify minimum ventilation quantities and the position of 
the ventilation control devices.
    After the NIOSH study was completed, MSHA reviewed the accident 
reports for all of the 41 reported methane ignitions that occurred at 
roof bolting machines between 1994 and 1998. The MSHA report, ``Methane 
Ignitions On Roof Bolters In Underground Coal Mines'' found that all 
these ignitions occurred in mines that are considered to have the 
highest methane liberation. Each of these mines liberated over 850,000 
cubic feet of methane per day. Section 103(i) of the Mine Act requires 
MSHA to conduct spot inspections at least every ten working days at 
mines liberating over 500,000 cubic feet of methane during a 24-hour 
period, and at least every five working days at mines liberating over 
one million cubic feet of methane during a 24-hour period.
    The MSHA report, as well as MSHA's experience, indicates that most 
ignitions at roof bolting machines in mines that liberate significant 
quantities of methane can be avoided by maintaining adequate 
ventilation during roof bolting. The proposed rule ensures at least an 
equivalent level of safety as the existing rule, and at the same time 
provides flexibility by permitting MSHA to set mine-specific 
requirements through the ventilation plan.

[[Page 60615]]

III. Impact Analyses

A. Cost and Benefits: Executive Order 12866

    Executive Order 12866 requires that regulatory agencies assess both 
the cost and the benefits of intended regulations. MSHA has determined 
that the proposed rule is not an economically significant regulatory 
action under Executive Order 12866.
    MSHA estimates that the proposed rule would generate a net annual 
cost savings of approximately $6.6 million, and would provide no 
diminution of safety to miners. In addition, the proposed alternative 
testing method would provide an additional benefit by adding continuous 
methane detection at the area where roof bolting occurs. Methane 
ignitions at the roof bolting site usually occur because sparks or hot 
metal fragments from the drill bits ignite the liberated methane. The 
methane monitoring system would warn miners when methane levels reach 
one per cent and would automatically shut down the roof bolting machine 
when methane levels reach two per cent.
    The proposed rule would allow the required methane tests to be made 
by sweeping a probe at least 16 feet inby the last permanent roof 
support. MSHA anticipates that a probe not longer than 20 feet would be 
sufficient to make this test. The current rule requires a qualified 
person positioned under permanently supported roof to test for methane 
at the face by using an extendable probe or other permissible means. 
Testing in a deep cut can require the probe to extend 40 feet or more 
to reach the face area. These longer probes often bend and can be 
difficult to guide. MSHA believes that periodic methane testing with 
the shorter probe, in conjunction with continuous monitoring of the 
area near the roof bolting machine, where drilling occurs, would 
provide a reliable determination of the methane levels at the face and 
in the inby mine atmosphere where the miners are working.

B. Regulatory Flexibility Certification

    The Regulatory Flexibility Act (RFA) requires regulatory agencies 
to consider a rule's economic impact on small entities. Under the RFA, 
MSHA must use the Small Business Administration (SBA) criterion for a 
small entity in determining a rule's economic impact unless, after 
consultation with the SBA Office of Advocacy, MSHA establishes an 
alternative definition for a small mine and publishes that definition 
in the Federal Register for notice and comment. For the mining 
industry, SBA defines ``small'' as having 500 or fewer workers. MSHA 
has traditionally considered small mines to be those with fewer than 20 
workers. To ensure that the proposed rule conforms with the RFA, MSHA 
analyzed the economic impact on mines with 500 or fewer workers and 
also on mines with fewer than 20 workers. MSHA concluded that the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

C. Unfunded Mandates Reform Act of 1995

    For purposes of the Unfunded Mandates Reform Act of 1995, the 
proposed rule does not include any Federal mandate that may result in 
increased expenditures of more than $100 million incurred by State, 
local, or tribal governments, or by the private sector.

D. Paperwork Reduction Act of 1995 (PRA)

    Proposed section 75.362(d)(3)(ii) would impose paperwork 
requirements for preparing applications for field modification of the 
roof bolting machines and for recording monthly calibration of methane 
monitors.
    MSHA's Approval and Certification Center must approve all proposed 
modifications to permissible equipment (including roof bolting 
machines). Each machine model at a mine requires a separate application 
for approval. We estimate that mines employing fewer than 20 workers 
will submit a total of 67 applications, mines employing 20 to 500 
workers will submit a total of 321 applications, and mines employing 
more than 500 workers will submit a total of seven applications. A mine 
supervisor earning $54.53 per hour could complete an application in 30 
minutes. Using a factor of 0.07 to annualize the cost, we conclude that 
the total annualized cost to the industry for this requirement is $754.

  Table I.--Paperwork Requirement for Filing Applications for Field Modification Under Sec.   75.362(d)(3)(ii)
----------------------------------------------------------------------------------------------------------------
                                                No. of field     Total first      Total first         Total
                  Mine size                     modification     year burden      year burden       annualized
                                               application a       hours b          costs c          costs d
----------------------------------------------------------------------------------------------------------------
Small (<20).................................               67               34           $1,827             $128
Large (20-500)..............................              321              160            8,743              612
Large (500)......................                7                4              200               14
                                             ------------------
    Total...................................              395              198          $10,770            $754
----------------------------------------------------------------------------------------------------------------
a Total number of field modification applications comes from Table IV-4 of MSHA's July, 2002 Preliminary
  Regulatory Economic Analysis (PREA) for this proposed rule.
b Total burden hours = (N x T), where N is the total number of field modifications required and T is the number
  of hours required for a coal mine supervisor to prepare a field modification application (T = 0.5 hours).
c Total first year burden costs = (B x W s), where B is the total burden hours, and W s is the hourly wage for
  underground coal mine supervisors (W s = $54.53).
d Total annualized costs = total first year burden costs x 0.07, where 0.07 is the annualization factor.

    Table II below summarizes the annual burden hours and costs of 
compliance with the calibration requirements of Sec.  75.362(d)(3)(ii). 
MSHA estimates that 67 small mines (fewer than 20 workers) with a total 
of 67 roof bolting machines, 295 large mines (20 to 500 workers) with a 
total of 481 roof bolting machines, and three large mines (over 500 
workers) with a total of 22 roof bolting machines would need to comply 
with this requirement. A miner earning $27.56 per hour could record 
each calibration in one minute. Thus the coal mining industry would 
incur an estimated 114 annual burden hours and associated costs of 
$3,412 for recording monthly calibrations of the methane monitors 
required on the roof bolting machines.

[[Page 60616]]



       Table II.--Paperwork Requirement for Maintaining Calibration Records Under Sec.   75.362 (d)(3)(ii)
----------------------------------------------------------------------------------------------------------------
                                                                 No. of roof
                                                                   bolting
                  Mine size                     No. of mines     machines in      Total annual     Total annual
                                                 affected a     affected mines   burden hours b   burden costs c
                                                                      a
----------------------------------------------------------------------------------------------------------------
Small (<20).................................               67               67               13             $369
Large (20-500)..............................              295              481               96            2,651
Large (<500)................................                3               22                4              121
                                             ------------------
    Total...................................              365              570              114          $3,142
----------------------------------------------------------------------------------------------------------------
a Number of mines affected and number of roof bolting machines in affected mines come from Table IV-2 of MSHA's
  July, 2002 Preliminary Regulatory Economic Analysis (PREA) for this proposed rule.
b Total annual burden hours = (N x T x 12), where N is the number of roof bolting machines in the affected
  mines, T is the number of hours required to record the calibration (T = 0.01667 hours, or 1 minute), and 12 is
  the yearly number of calibrations.
c Total annual burden costs = (B x Wm), where B is the total burden hours and W is the hourly wage rate for
  underground coal miners (Wm = $27.56).

E. Executive Order 12630 Governmental Actions and Interference with 
Constitutionally Protected Property Rights

    This proposed rule is not subject to Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights. That is, this proposed rule does not involve 
implementation of any policy with takings implications.

F. Executive Order 13045 Protection of Children From Environmental 
Health Risks

    In accordance with Executive Order 13045, Protection of Children 
from Environmental Health Risks, MSHA has evaluated the environmental 
health and safety effects that this proposed rule could have on 
children. MSHA has determined that the rule will not have an adverse 
impact on children.

G. Executive Order 12988 Civil Justice Reform

    MSHA has reviewed Executive Order 12988, Civil Justice Reform, and 
determined that the proposed rule will not unduly burden the Federal 
court system. The rule 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.

H. Executive Order 13175 Consultation and Coordination With Indian 
Tribal Governments

    MSHA certifies that this proposed rule will not impose any 
substantial direct compliance costs on Indian tribal governments.

I. Executive Order 13132 Federalism

    MSHA has reviewed this proposed rule in accordance with Executive 
Order 13132 regarding federalism and has determined that the proposed 
rule has no ``federalism implications.'' In other words, the proposed 
rule does not have any substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

J. Executive Order 13211 Energy

    MSHA has reviewed this proposed rule in accordance with Executive 
Order 13211 regarding the energy effects of Federal regulations, and 
has determined that the proposed rule does not have any adverse effects 
on energy supply, distribution, or use. Therefore, no reasonable 
alternatives to this action are necessary.

List of Subjects in 30 CFR Part 75

    Fire prevention, Mine safety and health, Reporting and 
recordkeeping requirements, Underground coal mining, Ventilation.

    Accordingly, it is proposed to amend Chapter I of 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 75.362 is amended by adding at the beginning of 
paragraph (d)(2) the phrase ``Except as provided for in paragraph 
(d)(3) of this section,'' and by adding paragraph (d)(3) to read as 
follows:


Sec.  75.362  On-shift examination.

* * * * *
    (d) * * *
    (3) As an alternative method of compliance with paragraph (d)(2) of 
this section during roof bolting, methane tests may be made by sweeping 
an area not less than 16 feet inby the last area of permanently 
supported roof, using a probe or other acceptable means. This method of 
testing is conditioned on meeting the following requirements:
    (i) The roof bolting machine must be equipped with an integral 
automated temporary roof support (ATRS) system that meets the 
requirements of Sec.  75.209.
    (ii) The roof bolting machine must have a permanently mounted, 
MSHA-approved methane monitor which meets the maintenance and 
calibration requirements of Sec.  75.342(a)(4), the warning signal 
requirements of Sec.  75.342(b), and the automatic de-energization 
requirements of Sec.  75.342(c).
    (iii) The methane monitor sensor must be mounted on the inby end 
and within 18 inches of the longitudinal center of the ATRS, and 
positioned at least 12 inches from the roof when the ATRS is fully 
deployed.
    (iv) The manual methane test must be made immediately before the 
roof bolting machine enters the working place unless the last test was 
made within 20 minutes. During roof bolting, methane tests are also 
required at intervals not exceeding 20 minutes. The test may be made 
either from under the last permanent roof support or from the roof 
bolter's work position protected by the deployed ATRS.
    (v) Once a methane test is made at the face, all subsequent methane 
tests in the same area of unsupported roof must also be made at the 
face, from under permanent roof support, using extendable probes or 
other acceptable means at intervals not exceeding 20 minutes.
    (vi) The district manager may require that the ventilation plan 
include the minimum air quantity and the position and placement of 
ventilation controls to be maintained during roof bolting.
* * * * *

    Dated: September 20, 2002.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 02-24387 Filed 9-25-02; 8:45 am]
BILLING CODE 4510-43-P