[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Proposed Rules]
[Pages 19474-19477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9658]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56 and 57

RIN: 1219-AA98 (Phase 6)


Seat Belts for Off-Road Work Machines and Wheeled Agricultural 
Tractors at Metal and Nonmetal Mines

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

ACTION: Proposed rule; request for comments.

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SUMMARY: MSHA is issuing a proposed rule that would update the Agency's 
requirements for operator restraint systems (seat belts) for off-road 
work machines and wheeled agricultural tractors at metal and nonmetal 
mines. The existing standards require seat belts for off-road work 
machines to meet the requirements of the Society of Automotive 
Engineers' (SAE) consensus standard SAE J386-1985, and seat belts for 
wheeled agricultural tractors to meet the requirements of SAE J1194-
1983. Since MSHA promulgated these standards, however, the SAE has 
revised them to reflect technological advances in seat belt design and 
materials. Seat belts meeting the specifications of earlier versions of 
these SAE standards are no longer routinely installed by manufacturers. 
The proposed rule would permit seat belts to meet the requirements of 
the more recent revisions of the SAE J386 and SAE J1194 standards.

DATES: Submit comments by May 21, 2003.
    The incorporation by reference of certain publications in this rule 
is approved by the Director of the Federal Register as of the effective 
date of the final rule.

ADDRESSES: Clearly identify comments as such and submit them either 
electronically to ; 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 2352, Arlington, Virginia 22209-3939. Comments 
are posted for public viewing at http://www.msha.gov/currentcomments.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Director; Office of

[[Page 19475]]

Standards, Regulations, and Variances, MSHA; Phone: 202-693-9442; FAX: 
202-693-9441; E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Copies of the SAE publications incorporated by reference may be 
examined at any Metal and Nonmetal Mine Safety and Health District 
Office; at MSHA's Office of Standards, Regulations, and Variances, 1100 
Wilson Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC. Copies may be purchased from the Society of 
Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 
15096-0001.
    This proposed rule would only update Sec. Sec.  56/57.14130, 
paragraph (h), Seat belts construction. MSHA is not updating Sec. Sec.  
56/57.14130, paragraph (b)(2), which also incorporates by reference SAE 
J1194-1983, because paragraph (b)(2) addresses the construction of 
roll-over protective structures (ROPS), not seat belts. The 
construction of ROPS is beyond the scope of this rulemaking.

A. Proposed Rule, Direct Final Rule, and Significant Adverse Comments

    Elsewhere in this issue of the Federal Register, we are publishing 
a direct final rule that is substantively identical to this proposed 
rule. We are publishing this companion proposed rule under Sec.  553 of 
the Administrative Procedure Act to speed notice and comment rulemaking 
should we withdraw the direct final rule.
    MSHA has determined that this rulemaking is suitable for a direct 
final rule because we do not expect that updating the metal and 
nonmetal seat belt standards, to include the revised SAE consensus 
standards, will elicit any significant adverse comments. A significant 
adverse comment is one that explains (1) why the direct final rule is 
inappropriate, including challenges to the rule's underlying premise or 
approach, or (2) why the direct final rule will be ineffective or 
unacceptable without a change. In determining whether a comment 
necessitates withdrawal of the direct final rule, we would consider 
whether the comment warrants a substantive response in a notice and 
comment process.
    All interested parties should comment by May 21, 2003, because we 
will not initiate an additional comment period.

B. Regulatory History

    Existing standards Sec. Sec.  56/57.14130 derived from standards 
promulgated by MSHA's predecessor, the Mining Enforcement and Safety 
Administration (MESA) in 1977. Like these existing standards, the 
standards under MESA required seat belts to meet specific SAE 
requirements that were incorporated by reference. MSHA's requirements 
for seat belts at metal and nonmetal mines remained substantively 
unchanged until 1988.
    In 1984, MSHA issued a proposed rule (49 FR 49201) revising the 
loading, hauling, and dumping standards at metal and nonmetal mines. 
MSHA had considered removing the incorporation by reference provisions 
relating to seat belts and accompanying roll-over protective structures 
(ROPS) on equipment and replace them with performance criteria (49 FR 
49201 and 49203). At that time, however, commenters urged MSHA to 
retain the incorporation by reference and update it.
    In 1988, MSHA promulgated final Sec. Sec.  56/57.14130 for ROPS and 
seat belts for certain off-road work machines. The final rule (53 FR 
32496 and 32524) updated the references to SAE J386-1985 and SAE J1194-
1983 to reflect the most current revision. The final rule also added a 
provision, Sec. Sec.  56/57.14131, requiring that seat belts on haulage 
trucks meet the same SAE requirements as MSHA required for seat belts 
on off-road work machines.

II. Discussion of Seat Belt Requirements

    Existing standards Sec. Sec.  56/57.14130(h) and 56/57.14131(c) 
require that seat belts for off-road work machines meet the 
requirements set forth in the Society of Automotive Engineers' (SAE) 
consensus standard J386-1985. Existing standards Sec. Sec.  56/
57.14130(h) also require that seat belts for agricultural tractors meet 
SAE consensus standard J1194-1983. These SAE consensus standards are 
incorporated by reference. Paragraphs Sec. Sec.  56/57.14130(j) and 56/
57.14131(d) contain the required information about the Federal 
Register's approval of the incorporation by reference and the addresses 
for examining or obtaining copies.
    Compliance Difficulties. MSHA enforcement of its seat belt 
standards relies on the labeling of seat belts in accordance with the 
SAE standards. For example, SAE J386-1985 states

    4.1.5 Marking (Labeling) Each seat belt assembly and/or each 
section of belt assembly shall be permanently and legibly labeled 
with year of manufacture, model or style number, and name or 
trademark of manufacturer or importer, and shall state compliance 
with SAE J386 JUN85, Part II.

    Since 1988, however, SAE has updated SAE J386 twice and SAE J1194 
three times, each time reaffirming the previous version or 
incorporating advances in safety technology. Seat belts and assemblies 
currently manufactured for off-road work machines and haulage trucks 
comply with SAE J386-1997 and those currently manufactured for tractors 
comply with SAE J1194-1999. Seat belts meeting the superceded SAE J386-
1985 or SAE J1194-1983 standards are no longer available, except 
through special orders at considerable cost. Consequently, because 
manufacturers no longer construct or label seat belts in accordance 
with the outdated SAE standards, mine operators have difficulty 
complying with MSHA's existing standards.
    Equivalent Protection. MSHA bases its requirements for roll-over 
protective structures (ROPS) and operator restraint systems (seat 
belts) on technical documents developed by the SAE, a nationally and 
internationally recognized consensus standards setting organization. 
ROPS and seat belts provide a predictable level of performance when 
their construction meets the specifications of SAE's consensus 
standards. For example, SAE's testing of seat belt assemblies verifies 
that the strength and construction under the 1993 and 1997 revisions of 
SAE J386 meet the minimum requirements set forth by the society. 
Engineers and safety professionals agree that SAE J386 performance and 
test requirements provide a safe operator restraint system for off-road 
work machines commonly used in mining. This proposed rule would expand 
compliance alternatives to accommodate advances in seat belt technology 
without reducing protection for miners.
    Expanded Compliance Alternatives. Newly manufactured replacement 
seat belts for off-road work machines and wheeled agricultural 
tractors, as well as those installed on new off-road machines or 
tractors, meet the specifications in the most recent SAE consensus 
standards. The immediate availability of replacement seat belts ``off-
the-shelf,'' as opposed to those requiring a special order, speeds 
replacement, minimizing equipment down time and the enticement to use 
off-road work machines without compliant seat belts. Also, allowing the 
use of seat belts meeting other revisions of the SAE standards, rather 
than only the most recent, would allow mine operators to use the supply 
of

[[Page 19476]]

replacement seat belts they already have on hand.
    Enhanced Safety. The proposed rule would improve safety by updating 
MSHA's standards to allow the use of advances in seat belt technology 
addressed in the newer industry consensus standards. Many safeguards 
and improved engineering are integral design features on new products. 
For example, the more recent revisions of the SAE consensus standards 
address developments, such as tether straps and three and four point 
systems, which are not included in the 1983 or 1985 revisions. Up-to-
date standards are consistent with the goals of the Federal Mine Safety 
and Health Act of 1977, Executive Order 12866, and the Regulatory 
Flexibility Act.

III. The Regulatory Flexibility Act, Executive Order 12866, and the 
Small Business Regulatory Enforcement Fairness Act

    In accordance with Executive Order (E.O.) 12866, we have analyzed 
the estimated costs and benefits associated with this proposed rule, 
and have included our Preliminary Regulatory Economic Analysis (PREA) 
in this preamble. This proposed rule would not be an economically 
significant regulatory action under Sec.  3(f)(1) of E.O. 12866.
    In accordance with Sec.  605 of the Regulatory Flexibility Act 
(RFA), we certify that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. Under the 
Small Business Regulatory Enforcement Fairness Act (SBREFA) amendments 
to the RFA, we must include the factual basis for this certification in 
the proposed rule. Accordingly, we are publishing the factual basis for 
our preliminary regulatory flexibility certification statement in the 
Federal Register, as part of this preamble, and are providing a copy to 
the Small Business Administration (SBA), Office of Advocacy. We also 
will mail a copy of the proposed rule, including the preamble and 
certification statement, to metal and nonmetal mine operators and 
miners' representatives and post it on our Internet Home Page at 
www.msha.gov.
    Factual basis for certification. This proposed rule would provide 
at least the same level of protection for miners at a lower cost for 
mine operators. It would affect all 11,641 metal and nonmetal mines, 
85.3% (9,928) of which employ fewer than 20 miners and 99.8% (11,618) 
of which employ 500 or fewer miners (PEIR, CY 2001). It would not 
include any additional costs and would have no adverse economic impact 
on the metal and nonmetal mining industry. To the contrary, cost 
savings would be associated with not having to special order 
discontinued, older seat belts and not having to replace those seat 
belts already installed. The proposed rule also would eliminate the 
burden of preparing and responding to petitions for modification. The 
advantage of being able to obtain seat belts ``off-the-shelf'' would 
allow mine operators to replace damaged seat belts more quickly, thus 
reducing machinery and equipment down time which could result in lost 
production.

IV. Other Regulatory Considerations

A. Paperwork Reduction Act

    This proposed rule would not contain any information collections 
subject to review by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act. Although the SAE requires seat belts to 
have a label indicating compliance with a specific SAE consensus 
standard, these labels are prepared and attached by the seat belt 
manufacturer. Both mine operators and MSHA use these labels to 
determine whether the seat belts comply with the appropriate SAE 
consensus standard.

B. Unfunded Mandates Reform Act of 1995

    This proposed rule would affect about 220 small metal and nonmetal 
mines operated by governmental jurisdictions mostly to provide 
aggregates for the construction and repair of highways and roads. We 
have determined, for purposes of Sec.  202 of the Unfunded Mandates 
Reform Act of 1995, that this proposed rule would not include any 
Federal mandate that may result in increased expenditures by state, 
local, or tribal governments in the aggregate of more than $100 
million, or increased expenditures by the private sector of more than 
$100 million. We also determined, for purposes of Sec.  203, that this 
proposed rule would not significantly or uniquely affect these 
entities.

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

    This proposed rule would not be subject to Executive Order 12630 
because it would not involve implementation of a policy with 
``takings'' implications.

D. Executive Order 12988: Civil Justice Reform

    In accordance with Executive Order 12988, we have determined that 
this proposed rule would not unduly burden the Federal court system. We 
wrote the proposed rule to provide a clear legal standard for affected 
conduct and have reviewed it to eliminate drafting errors and 
ambiguities.

E. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    In accordance with Executive Order 13045, we have evaluated the 
environmental health and safety effects of this proposed rule and have 
determined that it would have no adverse effects on children.

F. Executive Order 13132: Federalism

    In accordance with Executive Order 13132, we have reviewed this 
proposed rule and have determined that it would not have ``federalism'' 
implications.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    In accordance with Executive Order 13175, we certify that this 
proposed rule would not impose substantial direct compliance costs on 
Indian tribal governments.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    In accordance with Executive Order 13211, we have reviewed this 
proposed rule and have determined that it would not have a significant 
adverse effect on the supply, distribution, or use of energy, and no 
reasonable alternatives to this action would be necessary.

I. Executive Order 13272: Proper Consideration of Small Entities in 
Agency Rulemaking

    In accordance with Executive Order 13272, MSHA has thoroughly 
reviewed the proposed rule to assess and take appropriate account of 
its potential impact on small businesses, small governmental 
jurisdictions, and small organizations. As discussed previously in this 
preamble, MSHA has determined that this proposed rule would not have a 
significant economic impact on a substantial number of small entities.

List of Subjects

30 CFR Part 56

    Incorporation by reference, Mine safety and health, Surface mining.

30 CFR Part 57

    Incorporation by reference, Mine safety and health, Underground 
mining.


[[Page 19477]]


    Dated: April 14, 2003.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
    For the reasons set out in the preamble, and under the authority of 
the Federal Mine Safety and Health Act of 1977, MSHA is proposing to 
amend chapter I, parts 56 and 57 of title 30 of the Code of Federal 
Regulations as follows:

PART 56--[AMENDED]

    1. The authority citation for part 56 continues to read as follows:

    Authority: 30 U.S.C. 811.

    2. Section 56.14130 is amended by revising paragraphs (h) and (j) 
to read as follows:


Sec.  56.14130  Roll-over protective structures (ROPS) and seat belts.

* * * * *
    (h) Seat belts construction. Seat belts required under this section 
shall meet the requirement of SAE J386, ``Operator Restraint System for 
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structures (ROPS) for Wheeled Agricultural Tractors'' 
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by 
reference.
* * * * *
    (j) Publications. The incorporation by reference of these 
publications is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these 
publications may be examined at any Metal and Nonmetal Mine Safety and 
Health District Office; at MSHA's Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209-
3939; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC. Copies may be purchased from 
the Society of Automotive Engineers, 400 Commonwealth Drive, 
Warrendale, Pennsylvania 15096-0001.
    3. Section 56.14131 as amended by revising paragraphs (c) and (d) 
to read as follows:


Sec.  56.14131  Seat belts for haulage trucks.

* * * * *
    (c) Seat belts required under this section shall meet the 
requirements of SAE J386, ``Operator Restraint System for Off-Road Work 
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
    (d) The incorporation by reference of these publications is 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of these may be examined at any 
Metal and Nonmetal Mine Safety and Health District Office; at MSHA's 
Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, 
Room 2349, Arlington, Virginia 22209-3939; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC. Copies may be purchased from the Society of Automotive Engineers, 
400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.

PART 57--[AMENDED]

    4. The authority citation for part 57 continues to read as follows:

    Authority: 30 U.S.C. 811.

    5. Section 57.14130 is amended by revising paragraphs (h) and (j) 
to read as follows:


Sec.  57.14130  Roll-over protective structures (ROPS) and seat belts 
for surface equipment.

* * * * *
    (h) Seat belts construction. Seat belts required under this section 
shall meet the requirement of SAE J386, ``Operator Restraint System for 
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structure (ROPS) for Wheeled Agricultural Tractors'' 
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by 
reference.
* * * * *
    (j) Publications. The incorporation by reference of these 
publications is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these 
publications may be examined at any Metal and Nonmetal Mine Safety and 
Health District Office; at MSHA's Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209-
3939; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC. Copies may be purchased from 
the Society of Automotive Engineers, 400 Commonwealth Drive, 
Warrendale, Pennsylvania 15096-0001.
    6. Section 57.14131 is amended by revising paragraphs (c) and (d) 
to read as follows:


Sec.  57.14131  Seat belts for surface haulage trucks.

* * * * *
    (c) Seat belts required under this section shall meet the 
requirements of SAE J386, ``Operator Restraint System for Off-Road Work 
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
    (d) The incorporation by reference of these publications is 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be 
examined at any Metal and Nonmetal Mine Safety and Health District 
Office; at MSHA's Office of Standards, Regulations, and Variances, 1100 
Wilson Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC. Copies may be purchased from the Society of 
Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 
15096-0001.

[FR Doc. 03-9658 Filed 4-18-03; 8:45 am]
BILLING CODE 4510-43-P