Improving and Eliminating Regulations; Approved Books and Records

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AA98

Improving and Eliminating Regulations; Approved Books and Records

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

ACTION: Proposed rule; technical amendment.

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SUMMARY: MSHA is proposing to remove certain regulations on Approved

Books and Records. Forms required by these regulations are obsolete. In

addition, the requirements are either redundant or can be easily

included in other existing standards for greater clarity. MSHA would

make conforming amendments to other safety regulations, as necessary.

DATES: Submit written comments on or before November 2, 1998.

ADDRESSES: Send comments by mail to Patricia W. Silvey, Director,

Office of Standards, Regulations, and Variances, MSHA, 4015 Wilson

Boulevard, Room 631, Arlington, VA 22203; by facsimile to MSHA, Office

of Standards, Regulations, and Variances at 703-235-5551; or by E-mail

to [email protected]. MSHA encourages commenters sending written

comments by mail or facsimile to also send a computer disk of the

comments.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office

of Standards, Regulations, and Variances: 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Rulemaking Background

In response to the Administration's regulatory reinvention

initiative, MSHA conducted a review of its existing regulations to

identify obsolete, outdated, redundant, or unnecessary provisions that

could be removed or revised without reducing protection afforded

miners. This proposed rule is part of MSHA's ongoing plan to improve

its regulations. The removal of part 75, subpart S, from title 30 of

the Code of Federal Regulations (30 CFR), would not reduce protection

to miners because these provisions are covered by other MSHA standards.

Conforming amendments to these other MSHA standards would be made, as

appropriate. This proposed rule would streamline 30 CFR 75 by improving

consistency and clarity in MSHA requirements for approved books and

records for underground coal mines.

II. Discussion of Proposed Rule

Existing MSHA standards in 30 CFR 75, subpart S, Approved Books and

Records, contains recordkeeping requirements for certain tests and

examinations conducted in underground mines. Approved books for

recording test results are specified, as well as the manner in which

the books are to be maintained.

Existing 30 CFR 75.1800(b) specifies approved forms on which mine

operators are to record results for provisions in 30 CFR 75.1801

through 75.1808. Of these, however, only 30 CFR 75.1806 and 75.1808

remain in 30 CFR 75, subpart S. In addition, all the forms listed are

obsolete and are no longer in use.

Existing 30 CFR 75.1800(c) allows mine operators to use record

books kept to comply with State requirements, in lieu of the books

required in 30 CFR 75, subpart S, if the MSHA district manager

determines that those books provide the information specified in any

record book required by the MSHA regulation.

The only records specified in 30 CFR 75, subpart S, are those in 30

CFR 75.1806 which require that the results of monthly examinations of

high voltage circuit breakers, required by 30 CFR 75.800-3 and 75.800-

4, be recorded in a book entitled ``Monthly Examinations of Surface

High Voltage Circuit Breakers'', Form 6-1293. This form is no longer in

use and MSHA no longer approves record books.

Existing 30 CFR 75.1808 requires that all approved books and

records maintained under the provisions of 30 CFR 75.1801 through

75.1807 be stored in a fireproof repository on the surface of the mine,

in a location chosen by the mine operator, and be made available to

interested persons. This provision now applies only to 30 CFR 75.1806.

To be consistent with other MSHA recordkeeping requirements, and to

accommodate the electronic storage of data, MSHA proposes to delete

this requirement.

The proposal recognizes the increasing use of electronic storage

and retrieval of information and would revise 30 CFR 75.800-4 to

accommodate this technology. MSHA encourages mine operators who store

records electronically to provide a mechanism which will allow the

continued storage and retrieval of records in the year 2000.

In addition, MSHA proposes to add a requirement to 30 CFR 75.800-4

that clarifies that the records be retained for one year. MSHA

considers this additional requirement as a non-substantive

clarification of the existing standard because mine operators already

are required to make these records available to an authorized

representative of the Secretary, which implies that they be retained.

III. Executive Order 12866 and Regulatory Flexibility Act

Executive Order 12866 requires that regulatory agencies assess both

the costs and benefits of regulations. MSHA has determined that this

proposed rule does not meet the criteria for a significant regulatory

action and, therefore, has not prepared a separate analysis of costs

and benefits. The Regulatory Flexibility Act (RFA) requires regulatory

agencies to consider a rule's impact on small entities. The analysis

contained in this preamble meets MSHA's responsibilities under

Executive Order 12866 and the Regulatory Flexibility Act.

Regulatory Flexibility Certification

In accordance with Sec. 605 of the RFA, MSHA certifies that this

proposed rule

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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, MSHA must include in the

proposed rule a factual basis for this certification. The Agency also

must publish the regulatory flexibility certification in the Federal

Register, along with its factual basis.

Factual Basis for Certification

Based on the fact that there is no substantive change in the

recordkeeping requirements, MSHA has determined that there would be no

impact on small businesses. No small governmental jurisdictions or

nonprofit organizations are affected. The Agency believes that this

analysis provides a reasonable basis for the certification in this

case.

The Agency has provided a copy of this proposed rule and regulatory

flexibility certification statement to the SBA Office of Advocacy. In

addition, MSHA will mail a copy of the proposed rule, including the

preamble and regulatory flexibility certification statement, to all

affected mines and miners' representatives.

IV. Paperwork Reduction Act

No new or additional paperwork burdens are included in this

proposed amendment. Test records are required in existing 30 CFR

75.800-3 and 75.800-4 and are approved under OMB control number 1219-

0067. The Paperwork Reduction Act of 1995 (PRA 95), however, requires

that regulations specify a time period for the retention of records.

Existing 30 CFR 75.800-3 and 75.800-4 do not specify a retention period

for maintaining these required test records. MSHA, consistent with

other MSHA recordkeeping requirements, is proposing that these records

be kept for at least one year.

V. Unfunded Mandates Reform Act

For purposes of the Unfunded Mandates Reform Act of 1995, as well

as Executive Order 12875, this proposed rule does not include any

Federal mandate that may result in increased expenditures by State,

local, and tribal governments, or by the private sector.

VI. Executive Order 13045

In accordance with Executive Order 13045, Protection of Children

from Environmental Health Risks and Safety Risks, MSHA has evaluated

the environmental health and safety risks of the proposed rule on

children. The Agency has determined that the proposed rule would have

no effects on children.

List of Subjects in 30 CFR Part 75

Mine safety and health, Reporting and recordkeeping requirements,

Underground coal mines.

Dated: August 24, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

For the reasons discussed in the preamble, MSHA proposes to amend

part 75, subchapter O, chapter I, 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 75.800-4 is revised to read as follows:

Sec. 75.800-4 Testing, examination, and maintenance of circuit

breakers; record.

(a) Recordkeeping. The operator shall make a record of each test,

examination, repair, or adjustment of all circuit breakers protecting

high-voltage circuits which enter any underground area of the mine.

(b) Record security. These records shall be made in a secure book

that is not susceptible to alteration or electronically in a computer

system so as to be secure and not susceptible to alteration.

(c) Retention and access. These records shall be retained at a

surface location at the mine for at least one year and shall be made

available to authorized representatives of the Secretary, the

representative of miners, and other interested persons.

Subpart S of Part 74--[Removed and reserved]

3. Part 75 subpart S--Approved Books and Records, consisting of

Secs. 75.1800, 75.1806, and 75.1808, is removed and reserved.

[FR Doc. 98-23350 Filed 9-2-98; 8:45 am]

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