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: Final rule; technical amendment.

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SUMMARY: We (MSHA) are revising our regulations to remove certain

regulations on Approved Books and Records from the Code of Federal

Regulations. Forms required by these regulations are obsolete and some

requirements are redundant. In addition, we are revising regulations

concerning the records of the testing, examination, and maintenance of

circuit breakers to clarify that secure electronic records may be used

and that records must be retained for one year.

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

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting 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identify obsolete, outdated, redundant, or unnecessary provisions that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. On September 3, 1998, MSHA published a proposed rule in the

Federal Register (63 FR 47122) requesting public comment on its

intention to remove part 75, subpart S, Approved Books and Records, and

revising 30 CFR 75.800-4 concerning the records of the testing,

examination, and maintenance of circuit breakers to clarify that secure

electronic records may be used and that the records shall be retained

for one year. The Agency 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. Consequently, the final

rule is unchanged from the proposal. This final rule will streamline 30

CFR part 75 by improving consistency and clarity in MSHA requirements

for approved books and records for underground coal mines without

reducing protection to miners.

II. Discussion of Final Rule

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

Records, contain recordkeeping requirements for certain tests and

examinations conducted in underground mines. Subpart S specifies

approved books for recording test results, 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, we are deleting this

requirement.

The rule recognizes the increasing use of electronic storage and

retrieval of information and revises 30 CFR 75.800-4 to accommodate

this technology.

[[Page 43287]]

In addition, we have revised 30 CFR 75.800-4 to clarify that the

records must be retained for one year. We consider this additional

requirement to be 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. 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 Regulatory Flexibility Act (RFA) requires regulatory

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

contained in this preamble meets our 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

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

number of small entities. No small governmental jurisdiction 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.

Factual Basis for Certification

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

recordkeeping requirements, we have determined that there would be no

impact on small businesses. No small governmental jurisdictions or

nonprofit organizations are affected. 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, we will mail a copy of the final 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

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. We are requiring,

consistent with other MSHA recordkeeping requirements, 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 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.

VI. Executive Order 13045

In accordance with Executive Order 13045, Protection of Children

from Environmental Health Risks and Safety Risks, we have evaluated the

environmental health and safety risks of the final rule on children. We

have determined that the final rule would have no effects on children.

VII. 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.

VIII. 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. Since this rule does not limit state policy options, it

complies with the principles of federalism and with Executive Order

12612.

IX. 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.

X. 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 in 30 CFR Part 75

Mine safety and health, Reporting and recordkeeping requirements,

Underground coal mines.

Dated: August 3, 1999.

Marvin W. Nichols, Jr.,

Deputy 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--[Removed]

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. 99-20410 Filed 8-9-99; 8:45 am]

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