[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Pages 36913-36914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15695]


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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: Direct final rule; confirmation of effective date.

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SUMMARY: MSHA issued a direct final rule to update its requirements for 
operator restraint systems (seat belts) for off-road work machines and 
wheeled agricultural tractors at metal and nonmetal mines. Two 
interested parties submitted comments raising issues outside the scope 
of the rulemaking. MSHA has determined that the comments submitted are 
not ``significant adverse comments'' and do not support withdrawal of 
the direct final rule. This document confirms the effective date for 
MSHA's direct final rule.

EFFECTIVE DATE: June 20, 2003.
    The incorporation by reference of certain publications in this rule 
is approved by the Director of the Federal Register as of June 20, 
2003.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Director; Office of 
Standards, Regulations, and Variances, MSHA; Phone: 202-693-9442; FAX: 
202-693-9441; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of Direct Final Rule

    On April 21, 2003, MSHA issued a direct final rule (68 FR 19344) to 
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 final rule requires seat belts for off-
road work machines to meet the requirements of the Society of 
Automotive Engineers' (SAE) consensus standard SAE J386, Operator 
Restraint System for Off-Road Work Machines (1985, 1993, or 1997), as 
applicable. It also requires seat belts for wheeled agricultural 
tractors to meet the requirements of SAE J1194, Roll-Over Protective 
Structures (ROPS) for Wheeled Agricultural Tractors (1983, 1989, 1994, 
or 1999), as applicable. The direct final rule makes compliance easier 
and reduces burden for mine operators by allowing them to use the 
operator restraint systems provided by manufacturers on new equipment, 
when they comply with more recent revisions of the incorporated SAE 
standards. These more recent revisions reflect advances in seat belt 
design and materials. The direct final rule does not reduce protection 
for miners.
    MSHA determined that this rulemaking was suitable for a direct 
final rule because we did not expect that updating the metal and 
nonmetal seat belt standards, to include the revised SAE consensus 
standards, would elicit any significant adverse comments. The preamble 
to the direct final rule explained that--

    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.

II. Discussion of Comments on Seat Belt Requirements

    MSHA received two comments on its direct final rule. Both comments 
suggest other seat belt standards for MSHA's consideration. MSHA fully 
considered both comments and determined that they were not 
``significant adverse comments.'' These comments can be viewed on 
MSHA's Web site at http://www.msha.gov/regs/comments.
    One comment suggests that the direct final rule incorporate SAE 
J2292, Combination Pelvic/Upper Torso (Type 2) Operator Restraint 
Systems for Off-Road Work Machines. SAE J2292 is an Information Report, 
not a consensus standard. It provides guidance on three and four-point 
pelvic and upper torso operator restraint systems. MSHA does not 
require combination pelvic/upper torso operator restraint systems. SAE 
J2292 testing and performance criteria for the pelvic restraint portion 
of the operator restraint system, however, relies on SAE J386, the 
industry consensus standard incorporated into the direct final rule. 
MSHA determined that the comment is not a significant adverse comment 
because SAE J2292 relies on the same testing and performance criteria 
used in SAE J386 and requires seat belt assemblies to be labeled to 
indicate compliance with J386/J2292. This comment does not challenge 
the underlying premise of the direct final rule and there is no 
indication in the comment that the direct final rule would be 
ineffective or unacceptable without the change.
    A second comment suggests that MSHA standards incorporate the 
Department of Transportation (DOT), National Highway Traffic Safety 
Administration's (NHTSA) performance specifications for seat belts. 
MSHA

[[Page 36914]]

determined that this was not a significant adverse comment because 
MSHA's standard, 30 CFR 56/57.14131, addresses seat belts for off-road 
trucks and NHTSA's standard, 49 CFR 571.209, applies to over-the-road 
``passenger cars, multipurpose passenger vehicles, trucks, and buses'' 
(49 CFR 571.209 S2). The comment is beyond the scope of this 
rulemaking, does not explain why the direct final rule is 
inappropriate, does not challenge the rule's underlying premise, and 
does not explain why the direct final rule would be ineffective or 
unacceptable without a change.

    Dated: June 17, 2003.
John R. Caylor,
Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 03-15695 Filed 6-19-03; 8:45 am]
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