[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Rules and Regulations]
[Pages 40132-40138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16866]


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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: Final rule.

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SUMMARY: This final rule provides an alternative 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 rule applies only during roof 
bolting activities in room and pillar mining operations which use 
continuous mining machines. It allows 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 rule results in increased mining efficiency and provides an 
equivalent level of safety to miners.

DATES: This rule becomes effective on August 6, 2003.

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 rule is available in alternative formats, such as a large 
print version or an electronic file, and is also available at http://www.msha.gov, under ``Statutory and Regulatory Information.''

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 FR 9764). Section 75.362(d)(1) requires that a 
qualified person test for methane at the start of each shift at each 
working place before electrically powered equipment is energized, taken 
into or operated in a working place; immediately before equipment is 
energized, taken into or operated in a working place; and at 20-minute 
intervals, or more often if required in the approved ventilation plan 
at specific location, during the operation of equipment in the working 
place. Section 75.362(d)(2) requires that these methane tests be made 
at the face from under permanent roof support, using extendable probes 
or other acceptable means. On September 25, 2002, in response to a 
joint petition from a labor and an industry group, MSHA published the 
proposed rule (67 FR 60611) to allow the alternative method of testing 
for methane. The comment period closed on November 25, 2002. Four 
commenters responded to the proposed rule. MSHA received no hearing 
requests.
    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 which liberates from the coal at

[[Page 40133]]

the face, roof, ribs and floor, as well as from pieces of broken coal 
that have been crushed by the mining machine. A five to 15 per cent 
level of methane in the air is capable of igniting, which in turn can 
result in a fire or an explosion. 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. 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 removing 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, miners begin a deep cut operation by directing the 
ventilation to the face, usually by positioning tubes or curtains. A 
qualified person then makes a methane test, and the continuous mining 
machine is moved into the area. The continuous mining machine generally 
cuts from 20 to 40 feet into the coal seam. When the coal is mined from 
the cut, the continuous mining machine is backed out, and the 
ventilation may be adjusted to redirect more air to the next face area.
    The roof bolting machine then 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, steel hydraulic jacks position a support against the roof. 
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. Once the ATRS is fully deployed, the miner begins the 
installation process. Generally four or more roof bolts are installed 
across the width of the cut. When the row of roof bolts is installed, 
the roof bolting machine advances approximately four feet, depending on 
the roof bolting plan and machine design, and the process is repeated 
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 or operated in the workplace, and at 
intervals not exceeding 20 minutes during the operation of this 
equipment.
    In 1997 MSHA tested an arrangement for making 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 roof bolting machine in 37 of these accidents, and no 
ignition source was identified in the one 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 at 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 rock strata in the mine roof.
    In November, 1998, the United Mine Workers of America (UMWA) and 
the Bituminous Coal Operators Association (BCOA) jointly recommended 
that MSHA amend the current rule to allow the option of making methane 
tests by sweeping a probe 16 feet inby the last area of 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 
permanently-mounted 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 
does not diminish safety provided in the existing rule, and is 
therefore publishing this final rule, which is largely based on the 
NIOSH research and the joint recommendation of labor and industry. The 
rule is designed to protect the miner and to be easily integrated into 
the mining cycle.

I. Discussion of the Rule

A. Paragraph 75.362(d)(2)

    This final rule adds a new subparagraph after the existing Sec.  
75.362(d)(2) to allow an optional method for making methane tests 
during roof bolting activities in room and pillar mining operations 
using continuous mining machines. Thus the phrase ``Except as provided 
in subparagraph 75.362(d)(3)'' is added to the beginning

[[Page 40134]]

of Sec.  75.362(d)(2) to clearly show that this option follows.

B. Paragraph 75.362(d)(3)

    This final subparagraph allows an alternative method of compliance 
with subparagraph (d)(2) during roof bolting. This section remains 
unchanged from the proposed rule. The required methane tests may be 
made by using a probe or other acceptable means to sweep not less than 
16 feet inby the last area of permanently supported roof, provided 
certain requirements are met, as outlined in subparagraphs 
75.362(d)(3)(i) through (vi). MSHA believes that testing at the 16 foot 
inby minimum distance provides protection equivalent to the current 
requirement and does not diminish safety. The probe extends a 
sufficient distance into the unsupported area to test for methane which 
may be accumulating inby the roof bolting machine.
    Certain difficulties exist in actually making the tests under the 
current standard. The longer probe arrangements 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 on ventilation standards, methane 
tests were made at the last permanent roof support, unless the approved 
ventilation plan required the tests to 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, particularly at the face area, where the freshly exposed surfaces 
allow more methane to liberate. These commenters wanted the methane 
tests to be made as close to the working face as practicable without 
endangering the miner. MSHA agreed with these comments. Additionally, 
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, suggested higher methane concentrations near the 
face area. 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. Methane tests made at a 
minimum distance of 16 feet inby the last area of permanently supported 
roof, augmented with the continuous methane monitor on the ATRS, 
provide adequate assurance that hazardous levels of methane are not 
present or accumulating either in the cut or around the roof bolting 
machine at the time the roof bolter is drilling. The alternative 
testing method does not diminish safety and provides at least 
equivalent protection by supplementing methane tests inby 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. This optional compliance method may only be used 
if the conditions of subparagraphs Sec.  75.362(d)(3)(i) through (vi) 
are met, as discussed below.
    Several commenters suggested that the 20-minute methane tests 
should be made either by sweeping a shorter distance, e.g., two rows of 
bolts or ten feet, or by using a handheld methane detector to make the 
test at the last area of supported roof. Two of these commenters 
suggested that testing with the shorter probe or the hand-held methane 
detector at more frequent intervals, such as before or after the roof 
bolting machine advances, would ensure protection.
    One commenter stated that there was no reason to select a distance 
of 16 feet. MSHA believes that the combination of 16-foot minimum 
sweeps to test for methane accumulating in the cut and continuous 
methane monitoring at the site where drilling occurs provides the level 
of protection that is equivalent to the current requirement and does 
not diminish safety. As discussed above, methane liberates at higher 
rates from the freshly exposed surfaces at the face area than from 
outby areas. In addition, ventilation controls ordinarily do not extend 
substantially beyond the roof bolting machine. Accordingly, it is 
prudent to perform methane tests to ensure that bodies of methane are 
not accumulating in the cut. Testing with a shorter probe or with a 
hand-held detector, as suggested by these commenters, would not provide 
adequate assurance that methane is not accumulating further in the cut. 
Finally, the joint recommendation of labor and industry, which was 
based on the NIOSH study, identified 16 feet as an appropriate testing 
distance. For these reasons, MSHA has not revised the testing distance 
in the final rule. However, based on the conditions at a particular 
mine, an operator may, as a mine procedure, specify that testing in 
addition to the requirements of this final rule would be of value.
    Other commenters suggested that the probes required for a 16-foot 
sweep would be unwieldy, thereby compromising the accuracy of the test. 
MSHA notes that 20-foot probes have been used in the coal industry for 
many years. Therefore, MSHA concludes that the probe arrangements 
required to sweep 16 feet inby are manageable and do not present any 
hazards to miners.
    One commenter suggested that the methane tests made during roof 
bolting should be made between six and twelve inches from the roof, at 
the roof bolting machine, immediately before each row of roof bolts is 
installed, noting that the likely ignition source would be close to the 
roof. The commenter added that the potential hazard during roof bolting 
is not the same as that presented during mining (and addressed by 
testing at the face). MSHA believes that the inby methane hazard during 
roof bolting is comparable to that found inby during the mining 
process. Testing for methane at a minimum distance of 12 inches from 
the roof has been an MSHA requirement for a number of years, and the 
procedure has proven to be effective. Therefore, this provision remains 
unchanged.
    A commenter recommended expanding the rule to allow dual methane 
monitors mounted on the continuous mining machine as an alternative 
method to test for methane while the continuous mining machine is 
operating. This recommendation has not been addressed because this 
change is beyond the scope of the proposal.

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

    This subparagraph of the final rule requires the roof bolting 
machine to be equipped with an integral automated temporary roof 
support (ATRS) system if the alternative testing method is used, and 
further requires the ATRS to meet

[[Page 40135]]

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. This final section 
is unchanged from the proposed rule. No comments were received 
concerning this provision.

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

    This subparagraph of the final rule requires the roof bolting 
machine to have a permanently mounted methane monitor. The subparagraph 
is unchanged from the proposed rule. 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 subparagraph further requires that the methane monitor complies 
with the requirements of existing Sec. Sec.  75.342(a)(4), 75.342(b) 
and 75.342(c). Section 75.342(a)(4) establishes maintenance and 
calibration requirements, requires training for miners who perform this 
maintenance and calibration, and establishes recordkeeping and records 
retention requirements for the calibration tests. While this final rule 
allows an alternative method for making methane tests, it also requires 
the methane monitors on the roof bolting machines to be properly 
maintained at all times, and thus does not allow the use of a methane 
detector and probe in lieu of a poorly maintained or inoperative 
methane monitor on the roof bolting machine. Section 75.342(b) requires 
the methane monitor to give a warning signal when the air-methane 
concentration reaches 1.0 per cent, and further requires this warning 
signal to be visible to someone who is able to de-energize the machine 
to which the monitor is mounted. Section 75.342(c) requires the methane 
monitor 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 capability provide an additional measure of protection to 
miners.
    Although methane monitors can be magnetically mounted on roof 
bolting machines, this subparagraph requires that they be permanently 
mounted for reliable operation and to assure that the sensor remains in 
an effective location. Although MSHA does not anticipate that 
permanently mounting the methane monitor on the ATRS would require 
recertification of the ATRS by the manufacturer, certification issues 
may be avoided by using clamping brackets, steel strapping, or high-
strength adhesives to permanently mount the methane monitor to the 
ATRS. MSHA anticipates that equipment manufacturers and rebuilders will 
incorporate provisions into the ATRS design to accommodate the 
permanently mounted monitors. Additionally, 30 CFR part 18 requires 
MSHA approval before changes are made to approved equipment to ensure 
that permissibility of the equipment to operate in a gassy atmosphere 
has not been compromised. Section 18.81 outlines the requirements and 
application procedure for MSHA approval of this field modification.

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

    This subparagraph of the final rule sets requirements for the 
position of the methane monitor sensor on the ATRS. The sensor must be 
mounted in a protected position near the inby end of the ATRS support; 
it must be within 18 inches of the longitudinal center of the ATRS; and 
it must be positioned at least 12 inches from the roof when the ATRS is 
fully deployed.
    MSHA's requirement to mount the sensor near the inby end 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 requirement to position the methane sensor near the 
longitudinal center of the ATRS is intended to protect the methane 
sensor from damage during the mining cycle. Finally, the 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 roof to obtain a result 
representative of the general environment being measured. MSHA believes 
this distance achieves a balance between effectiveness and 
practicality.
    The proposed rule would have required the methane sensor to be 
mounted ``on the inby end and within 18 inches of the longitudinal 
center of the ATRS.'' One commenter expressed a concern that this 
wording could be interpreted to mean requiring the methane sensor to be 
mounted on the front of the ATRS itself, where it would be subject to 
damage and would be isolated from potential methane accumulations 
nearer to the drill assembly. The language from the proposed rule has 
been modified to address this concern by requiring the sensor to be 
mounted ``near the inby end and within 18 inches of the longitudinal 
center of the ATRS support.'' The rule provides some flexibility in the 
position of the sensor with the intent of placing the sensor at a 
location where it will be protected from damage while providing 
effective detection of methane near the most likely ignition source at 
the drilling assembly.
    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 is effective in detecting methane in the zone containing the 
most likely ignition source.

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

    This subparagraph of the final rule specifies the frequency of 
manual methane tests, and is consistent with 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)). Additionally, the 
subparagraph specifies the location of the qualified person making the 
test.
    In addition to the existing provisions contained in the final rule, 
the proposed subparagraph included the statement, ``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.'' 
Two commenters disagreed with this provision. One of these commenters 
suggested that the wording was inconsistent with 30 CFR 75.362(d)(1). 
This commenter further discussed several examples of how the wording of 
the proposed rule could introduce confusion and how miners could tend 
to assume that test had been made. MSHA agrees with these commenters, 
and has removed this provision from the final rule. However, this test 
may be made using the 16-foot minimum inby sweep, as described in the 
above analysis for subparagraph 75.362(d)(3). The combination of the 
16-foot minimum sweeps and the continuous methane monitor on the roof 
bolting machine ensures an accurate determination of the methane levels 
present during roof bolting. A further consideration is the rate of 
methane liberation during roof bolting. That is, methane liberates from 
the coal at a higher rate during the time that the coal is being cut. 
During that time, ventilation is directed toward the face, with the 
tubes, curtains, or other ventilation devices positioned behind

[[Page 40136]]

the continuous mining machine and moving forward as the coal is cut. 
Since coal is not actively mined in the cut during roof bolting, 
methane liberation decreases. For these reasons, MSHA believes this 
alternative method does not diminish safety.
    The proposed rule required the manual methane test to be made 
either ``from under the last permanent roof support'' or from the roof 
bolter's work position protected by the deployed ATRS. The final rule 
changes this language to require making the test either ``from under 
permanent roof support'' or from the roof bolter's work position 
protected by deployed ATRS. This change allows the final rule to better 
conform to MSHA's existing roof control rules and policies because most 
approved roof control plans do not generally permit miners past the 
second to the last row of permanent roof supports.

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

    Subparagraph 75.362(d)(3)(v) of the final rule requires that, once 
a methane test is made at the face, all subsequent methane tests must 
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 tests will be made at the face area while these final 
rows of roof bolts are installed.
    One commenter suggested deleting this provision as part of an 
overall suggestion to test with a hand-held methane detector at the 
last permanent roof support. Another commenter suggested phrasing the 
rule so that testing at the face would be required when the roof 
bolting machine reaches a distance from the face equal to two rows of 
bolts. This distance would generally be about eight feet. As stated 
above, MSHA believes that the combination of 16-foot inby sweeps to 
test for methane accumulating in the cut and continuous methane 
monitoring at the roof bolting machine provides a level of protection 
that does not diminish safety. Testing with a hand-held methane 
detector at the last working place or with a shorter probe would not 
provide adequate assurance that methane is not accumulating further in 
the cut. Therefore, this subparagraph remains unchanged from the 
proposed rule.

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

    Subparagraph 75.362(d)(3)(vi) of the final rule allows 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. No comments were received on 
this subparagraph. The final rule is unchanged from the proposed rule.
    The NIOSH study, as well as MSHA's experience, shows that 
ventilation is effective and appropriate during roof bolting operations 
under certain mining conditions. Some mines liberate substantial 
quantities of methane, or have a history of ignitions or noncompliance 
with respirable dust standards for bolting machine operators. The 
ventilation plans for such mines generally require minimum air 
quantities to be maintained at the roof bolting machine. In evaluating 
ventilation plans, district managers will continue to assess these and 
other factors to determine the necessity for 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 cubic feet per minute (cfm), with methane released 
at various points at a rate of five cfm. 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 rule provides an equivalent level 
of safety as the existing rule and does not diminish safety, while at 
the same time allowing flexibility by permitting MSHA to set mine-
specific requirements through the ventilation plan.

II. Impact Analyses

A. Cost and Benefits: Executive Order 12866

    Executive Order 12866 requires regulatory agencies to assess both 
the costs and benefits of regulations. In making this assessment, MSHA 
determined that although this final rule will not have an annual effect 
of $100 million or more on the economy, and therefore is not a 
significant regulatory action as defined by Sec.  3(f)(1) of E.O. 
12866, the rule meets the Sec.  3(f)(4) definition, that is, the rule 
may ``* * * raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.'' MSHA completed a Regulatory Economic Analysis 
(REA) which estimates both the costs and benefits of the rule. This REA 
is available from MSHA and is summarized below.
    The final rule allows an alternative method of methane testing that 
ensures at least an equivalent level of protection as the existing 
standard and results in net cost savings of $6.9 million annually to 
the industry.\1\ The alternative testing method augments periodic inby 
methane tests with continuous methane monitoring at the roof bolting 
machine. This two-tiered approach assures that hazardous levels of 
methane are not present or accumulating either inby or at the roof 
bolting machine.
---------------------------------------------------------------------------

    \1\ Cost data are provided by MSHA's Regulatory Economic 
Analysis for this rule, dated January, 2003.
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    The inby methane tests are made at least every 20 minutes by 
sweeping a probe or other acceptable arrangement at least 16 feet inby 
the last permanent roof support. However, when the probe reaches the 
face area, the remaining tests are made with the methane detector 
positioned at least 12 inches from the roof, rib, and face. A probe not 
longer than 20 feet will allow the qualified person to make this test 
from a safe position four feet outby the last permanent roof support. 
The shorter probe arrangements required for the 16-foot sweep are 
easier to maneuver and cost less than those used to comply with the 
existing requirements. Additionally, the sweeps can be made more 
quickly than the test required under the existing rule.
    The alternative testing method also requires each roof bolting 
machine to have both an MSHA-approved, permanently mounted methane 
monitor

[[Page 40137]]

and an integral ATRS system. The methane monitor must meet 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). Further, the rule 
requires the sensor head of the methane monitor to be positioned at a 
specific location on the ATRS. In addition to continuously monitoring 
the atmosphere at the roof bolting site, the monitor will warn miners 
when methane levels reach one per cent, and will de-energize the roof 
bolting machine when methane levels reach two per cent. This continuous 
monitoring provision is significant in light of the number of ignitions 
involving roof drilling or bolt installation. These ignitions generally 
occur when sparks, hot metal fragments, or hot drill bits ignite a 
flammable methane-air mixture. They can also occur when the miner 
inadvertently drills through metal roof straps or encounters harder 
than normal material in the mine roof.

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 Act definition of a ``small business 
concern'' in determining a rule's economic impact unless, after 
consultation with the SBA Office of Advocacy, and after opportunity for 
public comment, MSHA establishes a definition which is appropriate to 
the activities of the agency and publishes that definition in the 
Federal Register. 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 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 rule will not have a significant economic impact on 
a substantial number of small entities under either definition.

C. Unfunded Mandates Reform Act of 1995

    For purposes of the Unfunded Mandates Reform Act of 1995, the 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)

    The information collection requirements contained in this final 
rule have been approved by the Office of Management and Budget (OMB) 
and were issued control numbers pursuant to the Paperwork Reduction Act 
of 1995 (PRA), as codified at 44 U.S.C. 3501-3520 and implemented by 
OMB in regulations at 5 CFR part 1320. The PRA defines collection of 
information as ``the obtaining, causing to be obtained, soliciting, or 
requiring the disclosure to third parties or the public of facts or 
opinions by or for an agency regardless of form or format.'' All 
paperwork burden hours and cost data used in this preamble are taken 
from MSHA's Regulatory Economic Analysis (REA), dated January, 2003. 
The REA can be accessed at http://www.msha.gov/regsinfo.htm.
    MSHA estimates that the information collection requirements in this 
rule will impose a total of 315 paperwork burden hours in the first 
year, with an annualized burden of 117 hours each year thereafter. The 
estimated total annualized cost associated with these paperwork burden 
hours is $4,045.
    Two information collection requirements are associated with Sec.  
75.362(d)(3)(ii). The first involves obtaining approval for field 
modifications to permissible electrical equipment, as required by Sec.  
18.81, and was approved by OMB as part of Information Collection No. 
1219-0066, Permissible Equipment Testing, which expires on July 31, 
2005. MSHA's Approval and Certification Center must approve all 
modifications to permissible equipment (including roof bolting 
machines) to ensure that permissibility of the equipment to operate in 
a gassy atmosphere has not been compromised. Each machine model at a 
mine requires a separate application for approval.
    The second information collection requirement associated with Sec.  
75.362(d)(3)(ii) involves recording calibrations of methane monitors, 
as required by Sec.  75.342(a)(4), and was approved by OMB as part of 
Information Collection No. 1219-0088, Ventilation Plans, Tests, and 
Examinations in Underground Coal Mines, which expires on March 31, 
2004. Each methane monitor must be calibrated at least every 31 days, 
and a record of the calibration test must be maintained for at least 
one year from the date of the test.
    Additionally, any information collection requirements that would be 
associated with the ventilation provision of Sec.  75.362(d)(3)(vi) 
would be approved as part of Information Collection No. 1219-0088. This 
provision of the final rule imposes no additional paperwork burden.

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

    This rule is not subject to Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. That is, this 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 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 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 rule will not impose any substantial 
direct compliance costs on Indian tribal governments.

I. Executive Order 13132 Federalism

    MSHA has reviewed this rule in accordance with Executive Order 
13132 regarding federalism and has determined that the rule has no 
``federalism implications.'' In other words, the 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 rule in accordance with Executive Order 
13211 regarding the energy effects of Federal regulations, and has 
determined that the rule does not have any adverse effects on energy 
supply, distribution, or use.

[[Page 40138]]

Therefore, no reasonable alternatives to this action are necessary.
    References:
    1. Taylor, Charles, et al., ``Comparison of Methane Concentrations 
at a Simulated Coal Mine Face During Bolting,'' U.S. Department of 
Health and Human Services, Center for Disease Control, National 
Institute for Occupational Safety and Health (NIOSH), 1999.
    2. Urosek, John E., et al., ``Methane Ignitions on Roof Bolters in 
Underground Coal Mines,'' U.S. Department of Labor, MSHA, presented at 
and included in the proceedings of the 8th U.S. Mine Ventilation 
Symposium, June 11-17, 1999.

List of Subjects in 30 CFR Part 75

    Fire Prevention, Mine safety and health, Reporting and 
recordkeeping requirements, Underground coal mining, ventilation.

0
Accordingly, Chapter I of Title 30 of the Code of Federal Regulations 
is amended as follows:

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

0
1. The authority citation for Part 75 continues to read as follows:

    Authority: 30 U.S.C. 811.


0
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 30 CFR 75.209.
    (ii) The roof bolting machine must have a permanently mounted, 
MSHA-approved methane monitor which meets the maintenance and 
calibration requirements of 30 CFR 75.342(a)(4), the warning signal 
requirements of 30 CFR 75.342(b), and the automatic de-energization 
requirements of 30 CFR 75.342(c).
    (iii) The methane monitor sensor must be mounted near the inby end 
and within 18 inches of the longitudinal center of the ATRS support, 
and positioned at least 12 inches from the roof when the ATRS is fully 
deployed.
    (iv) Manual methane tests must be made at intervals not exceeding 
20 minutes. The test may be made either from under 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: June 27, 2003.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 03-16866 Filed 7-3-03; 8:45 am]
BILLING CODE 4510-43-P