Improving and Eliminating Regulations; Lighting Equipment, Coal Dust/Rock Dust Analyzers, and Methane Detectors

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 26, 29, 57, and 75

RIN 1219-AA98

Improving and Eliminating Regulations; Lighting Equipment, Coal

Dust/Rock Dust Analyzers, and Methane Detectors

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

ACTION: Final rule; technical amendments.

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SUMMARY: We are removing approval regulations for lighting equipment

for illuminating underground workings; portable coal dust/rock dust

analyzers; and continuous duty, warning light, portable methane

detectors. These regulations are unnecessary because they address

equipment that is addressed by other MSHA regulations. Removal of these

parts will not reduce protection for miners. This final rule will also

make conforming amendments to safety regulations that require the use

of this approved equipment in underground coal mines and in gassy

underground metal and nonmetal mines.

EFFECTIVE DATE: This regulation is effective October 12, 1999.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director,

Office of Standards, Regulations, and Variances, MSHA; 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Regulatory Background

In response to the Administration's regulatory reinvention

initiative, we conducted a review of our existing regulations to

identify obsolete, outdated, redundant, or unnecessary provisions that

can be removed or revised without reducing protection afforded miners.

This final rule is part of our ongoing plan to improve our regulations.

The removal of parts 26 and 29, from title 30 of the Code of Federal

Regulations (30 CFR), will not reduce protection to miners. These

provisions are covered by other MSHA regulations. Conforming amendments

to other 30 CFR parts will be made, as appropriate. To increase

awareness of this regulatory action, we will mail a copy of this final

rule to all mine operators and miners' representatives and post it on

MSHA's Website at www.msha.gov.

Even though we are removing 30 CFR parts 26 and 29, lighting

equipment for illuminating underground workings and continuous duty,

warning light, portable methane detectors approved by MSHA

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under these parts can continue to be manufactured and distributed for

use in mines as long as this is done in accordance with the drawings

and specifications upon which such approvals were based and there are

no changes in the approved devices.

On September 3, 1998, we published a proposed rule in the Federal

Register (63 FR 47120) requesting public comments on our intention to

remove 30 CFR parts 26 and 29 and make conforming changes to 30 CFR

parts 57 and 75. We allowed 60 days for public comment and received no

comments, no requests for an extension of the comment period, and no

requests for a public hearing on the proposal.

II. Discussion of Final Rule

A. 30 CFR 26--Lighting Equipment for Illuminating Underground Workings

In 1958, we developed the regulations in 30 CFR 26 to establish

specifications for the approval of mine lighting systems that are used

independently, i.e., not connected to an approved machine. These

specifications contain permissibility requirements to ensure that the

electric system and components do not pose an explosion hazard, and

design requirements to address the adequacy of the light intensity.

MSHA has received only one application for approval of mine lighting

systems under 30 CFR 26 since 1978.

Even though we are removing 30 CFR 26, lighting systems approved

under this part can continue to be manufactured and distributed for use

in mines as long as done in accordance with the drawings and

specifications upon which the approval is based and provided there are

no changes in the approved systems. We will not permit changes in the

approved systems under 30 CFR 26 once it is deleted. Any future changes

to lighting systems approved under 30 CFR 26 will require a new

application for approval under 30 CFR 18.

Currently, approvals of lighting systems which are used

independently, as well as those which are part of MSHA-approved

equipment, can be requested under the requirements of 30 CFR 18,

Electric Motor Driven Mine Equipment and Accessories. The general

requirements in 30 CFR 18, subpart A; certain design and construction

requirements in subpart B (e.g., 18.20, 18.23, 18.24, 18.25, 18.30,

18.35, 18.41, 18.48, 18.50, and 18.51); and certain inspections and

tests in subpart C (e.g., 18.62, 18.66, 18.67, and 18.68), as well as

any other provisions necessary to address the design and performance of

the system, are applicable to the approval of independent mine lighting

systems. For example, an evaluation for intrinsic safety under 30 CFR

18 includes a ``Lamp Bulb Breakage'' test which consists of breaking

the bulb in the presence of an explosive mixture of methane-in-air. In

addition to the permissibility and intrinsic safety requirements in 30

CFR 18, provisions in 30 CFR 75.1719-1 through 75.1719-3 contain

voltage limitations, specify the amount of light required in mine

workings, and address other safety requirements applicable to mine

lighting systems.

For these reasons, we believe that the approval regulations in 30

CFR 26 are unnecessary. Therefore, we are removing part 26. This final

rule will not reduce the protection afforded to miners.

B. 30 CFR 29--Portable Coal Dust/Rock Dust Analyzers, and Continuous

Duty, Warning Light, Portable Methane Detectors for Use in Coal Mines

We originally developed the regulations in 30 CFR 29 in the early

1970's to provide performance requirements for the approval of portable

coal dust/rock dust analyzers for use in measuring the incombustible

content of mine dust; and for the approval of continuous duty, warning

light, portable methane detectors for use in providing a visual signal

of the presence of methane. At that time, we anticipated that there

would be a need for the approval of these types of instruments. We have

now determined, however, that the approval requirements in 30 CFR 29

for both portable coal dust/rock dust analyzers and continuous duty,

warning light, portable methane detectors are unnecessary. Therefore,

we are removing part 29.

Although we are removing 30 CFR 29, any devices approved under this

part can continue to be manufactured and distributed for use in mines

as long as done in accordance with the drawings and specifications upon

which the approval is based and provided there are no changes in the

approved devices. To clarify this point, MSHA has modified the

conforming amendments in parts 57 and 75 to indicate that devices

approved under part 29 prior to its removal (30 CFR part 29 contained

in the 30 CFR, parts 1-199, edition, revised as of July 1, 1999), may

continue to be used. We will not permit changes in these approved

devices under 30 CFR 29 once it is deleted. Any future changes to such

devices approved under 30 CFR 29 will require a new application for

approval under 30 CFR 18 or 22, as discussed below.

Portable coal dust/rock dust analyzers. We have never issued an

approval for a portable coal dust/rock dust analyzer under 30 CFR 29.

An experimental approval was granted in the late 1980's; however, the

project was never completed. We believe that 30 CFR 29 is no longer

necessary or viable for approval of a portable coal dust/rock dust

analyzer because there has been negligible interest in approval of such

an instrument. Furthermore, the performance requirements in 30 CFR 29

for portable coal dust/rock dust analyzers are now outdated. The

elimination of 30 CFR 29, therefore, will not reduce protection

afforded miners by the existing standards.

Although no such request is anticipated, should portable coal dust/

rock dust analyzers be developed in the future, they can be approved

under 30 CFR 18, Electric Motor Driven Mine Equipment and Accessories.

Approvals are routinely issued under 30 CFR 18 for instruments that are

not required by regulation, but are to be used in underground mines,

provided that they meet the intrinsic safety requirements in 30 CFR

18.68 and are safe for their intended use as required by 30 CFR

18.20(b). In addition, the general requirements in 30 CFR 18, subpart

A, as well as any other provisions necessary to address the design and

performance of the instrument, are appropriate for the approval of

portable coal dust/rock dust analyzers.

Continuous duty, warning light, portable methane detectors. We have

not issued a new approval for a continuous duty, warning light,

portable methane detector under 30 CFR 29 since 1981. When 30 CFR 29

was developed, portable methane detectors approved under 30 CFR 22 did

not have continuous monitoring, warning, or alarm capability. Since

1981, however, advancements in technology have resulted in instruments

that are suitable for approval both as portable methane detectors under

30 CFR 22 and which also have the capability to be used for continuous

monitoring and warning or alarm. Portable methane detectors in use in

mines now routinely have the capabilities specified in 30 CFR 29, and

we have approved them for the past 16 years under 30 CFR 22, Portable

Methane Detectors.

If we were to receive a new request under 30 CFR 29 for approval of

a methane detector that is portable, operates continuously, and

provides a warning to the user, we could conduct an equivalent

evaluation of the instrument using the approval requirements in 30 CFR

22. For these reasons, we believe that 30 CFR 29 is

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unnecessary and that its removal will not reduce protection afforded

miners by the existing standards.

III. Executive Order 12866

Executive Order 12866 requires that regulatory agencies assess both

the costs and benefits of regulations. We have determined that this

final rule does not meet the criteria for a significant regulatory

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

and benefits. The analysis contained in this preamble meets our

responsibilities under Executive Order 12866 and the Regulatory

Flexibility Act.

IV. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) requires regulatory agencies

to consider a rule's impact on small entities. Under the RFA, we must

use the Small Business Administration (SBA) definition for a small mine

of 500 or fewer employees or, after consultation with the SBA Office of

Advocacy, establish an alternative definition for the mining industry

by publishing that definition in the Federal Register for notice and

comment. Although we traditionally have considered small mines to be

those with fewer than 20 employees, we have analyzed the impact of the

final rule on mines with 500 or fewer employees for the purposes of the

RFA. We have also evaluated the impact of the rule on small

manufacturers of lighting equipment for illuminating underground

workings and small manufacturers of continuous duty, warning light,

portable methane detectors using the appropriate SBA definition of 500

or fewer employees.

Regulatory Flexibility Certification

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

final rule will not have a significant economic impact on a substantial

number of small entities, either small mines or small manufacturers. No

small governmental jurisdictions or nonprofit organizations are

affected.

Under the Small Business Regulatory Enforcement Fairness Act

(SBREFA) amendments to the RFA, we must include in the final rule a

factual basis for this certification. We also must publish the

regulatory flexibility certification in the Federal Register, along

with its factual basis. We believe that this analysis provides a

reasonable basis for the certification in this case.

We have provided a copy of this final rule and regulatory

flexibility certification statement to the SBA Office of Advocacy. In

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

preamble and regulatory flexibility certification statement to all

affected mines and miners' representatives and approval holders.

Factual Basis for Certification

MSHA used a qualitative approach in concluding that the final rule

will not have a significant economic impact on a substantial number of

small entities, either small mines or small manufacturers. This final

rule removes approval regulations for equipment that can be approved

under other existing MSHA regulations. The benefit of removing

unnecessary provisions is that MSHA regulations will be more concise,

clearer, easier to use, and reflect advances in technology. This final

rule will have no economic impact on the mining industry.

V. Paperwork Reduction Act

This final rule contains no information collection requirements

subject to the Paperwork Reduction Act of 1995.

VI. Unfunded Mandates Reform Act

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

as Executive Order 12875, this final rule does not include any Federal

mandate and, therefore, results in no increased expenditures by State,

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

VII. 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 final rule on

children. The Agency has determined that the final rule will have no

effect on children.

VIII. Executive Order 13084 Consultation and Coordination With

Indian Tribal Governments

The Agency has reviewed this final rule in accordance with

Executive Order 13084, and certifies that the final rule does not

impose substantial direct compliance costs on Indian tribal

governments, because they neither manufacture products covered by parts

26 and 29 nor operate any underground coal or gassy metal/nonmetal

mines.

IX. Executive Order 12612 Federalism

Executive Order 12612, regarding federalism, requires that

agencies, to the extent possible, refrain from limiting state policy

options, consult with states prior to taking any actions which would

restrict state policy options, and take such actions only when there is

clear constitutional authority and the presence of a problem of

national scope. This rule does not limit state policy options, because

they neither manufacture products covered by parts 26 and 29 nor

operate any underground coal or gassy metal/nonmetal mines, it complies

with the principles of federalism and with Executive Order 12612.

X. Executive Order 12630 Government 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, because it does not involve implementation of a policy with

takings implications.

XI. Executive Order 12988 Civil Justice Reform

The Agency has reviewed Executive Order 12988, Civil Justice

Reform, and determined that this rulemaking will not unduly burden the

Federal court system. The regulation 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.

List of Subjects

30 CFR Parts 26 and 29

Mine safety and health.

30 CFR Parts 57 and 75

Mine safety and health, Underground mining.

Dated: August 3, 1999.

Marvin W. Nichols, Jr.,

Deputy Assistant Secretary for Mine Safety and Health.

Accordingly, under the authority of 30 U.S.C. 957 and 961 and for

the reasons set out in the preamble, 30 CFR, chapter I, is amended as

follows:

PART 26--LIGHTING EQUIPMENT FOR ILLUMINATING UNDERGROUND WORKINGS

1. Part 26 is removed.

PART 29--PORTABLE COAL DUST/ROCK DUST ANALYZERS, AND CONTINUOUS

DUTY, WARNING LIGHT, PORTABLE METHANE DETECTORS FOR USE IN COAL

MINES

2. Part 29 is removed.

PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND

NONMETAL MINES

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

Authority: 30 U.S.C. 811.

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4. Section 57.22303 is revised to read as follows:

Sec. 57.22303 Approved equipment (I-C mines).

Only electrical equipment that is approved by MSHA under the

applicable requirements of 30 CFR parts 18 through 28 or approved under

30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised

as of July 1, 1999, shall be used underground, except for submersible

sump pumps.

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

5. The authority citation for part 75 continues to read as follows:

Authority: 30 U.S.C. 811.

6. Section 75.506 is amended by revising paragraph (d) to read as

follows:

Sec. 75.506 Electric face equipment; requirements for permissibility.

* * * * *

(d) The following equipment will be permissible electric face

equipment only if it is approved under the appropriate parts of this

chapter, or former Bureau of Mines' approval schedules, and if it is in

permissible condition:

(1) Multiple-Shot Blasting Units, part 7 subpart D;

(2) Electric Cap Lamps, part 19;

(3) Electric Mine Lamps Other than Standard Cap Lamps, part 20;

(4) Flame Safety Lamps;

(5) Portable Methane Detectors, part 22;

(6) Telephone and Signaling Devices, part 23;

(7) Single-Shot Blasting Units;

(8) Lighting Equipment for Illuminating Underground Workings;

(9) Methane-Monitoring Systems, part 27; and

(10) Continuous Duty, Warning Light, Portable Methane Detectors, 30

CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as

of July 1, 1999.

[FR Doc. 99-20408 Filed 8-9-99; 8:45 am]

BILLING CODE 4510-43-P