Requirements for the Approval of Flame-Resistant Conveyor Belts

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 14, 18, and 75

RIN 1219-AA92

Requirements for the Approval of Flame-Resistant Conveyor Belts

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

ACTION: Proposed rule; limited reopening of the record; request for

public comments.

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SUMMARY: We (MSHA) are reopening the rulemaking record on our proposed

rule revising the requirements for approval of flame-resistant conveyor

belts for the limited purpose of giving you (interested parties) an

opportunity to comment on two documents. These documents are an updated

Preliminary Regulatory Impact Analysis (PRIA) and an updated Paperwork

Reduction Act (PRA) submission filed with OMB. The updated PRIA, using

recent economic and industry data, evaluates the impact of the proposed

part 14 approval requirements on small manufacturers and the impact of

proposed part 75 modifications on small mines. The updated PRIA

concludes that the proposal would not have a significant economic

impact on a substantial number of small entities. The updated paperwork

submission evaluates the information collection requirements of the

proposal using OMB's 1995 revised 83-I. Only comments addressing the

updated PRIA, including its conclusion that the proposal would not have

a significant economic impact on a substantial number of small

entities, and the information collection requirements of the updated

paperwork submission will be considered by MSHA. You may obtain a copy

of the updated PRIA and updated paperwork submission, using revised

form 83-I and Supporting Statement, from MSHA's Office of Standards,

Regulations, and Variances; 4015 Wilson Boulevard, Room 631, Arlington,

VA 22203; telephone (703) 235-1910. You may also access our Internet

website at http://

[[Page 72618]]

www.msha.gov to obtain an electronic copy.

DATES: Please submit your comments on or before February 28, 2000.

ADDRESSES: You may use mail, facsimile (fax), or electronic mail to

MSHA. Clearly identify your comments and send them--

(1) By mail to Carol J. Jones, Acting Director, Office of

Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 631,

Arlington, VA 22203-1984; or

(2) By fax to MSHA, Office of Standards, Regulations, and

Variances, 703-235-5551; or

(3) By electronic mail to [email protected].

We would appreciate receiving an original hard copy of your

comments for accuracy.

In addition, send your comments on the information collection

requirements to the Office of Information and Regulatory Affairs, OMB,

Attention: Desk Officer for MSHA, 715 17th Street NW., Room 10235,

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, (703) 235-1910. Copies

of this reopening notice, updated PRIA and updated paperwork submission

in alternate formats may be obtained by calling (703) 235-1910.

SUPPLEMENTARY INFORMATION:

I. Background

Prior to the initiation of this rulemaking, we held a public

meeting on January 19, 1989, in Triadelphia, West Virginia, to discuss

the development of the revised laboratory-scale flame test to evaluate

the resistance of conveyor belts to ignition and flame propagation [54

FR 1802]. On December 24, 1992, we published a proposed rule to

implement new procedures and requirements for testing and approval of

flame-resistant conveyor belts and requirements for their use in

underground coal mines [57 FR 61524], requesting public comment by

February 22, 1993. The date for comments was extended to March 26,

1993, in response to public request. Several commenters requested a

hearing on this proposal. On May 2, 1995, we held a public hearing in

Washington, Pennsylvania [69 FR 16589]. The post-hearing comment period

closed on June 5, 1995.

On June 1, 1995, the United Mine Workers of America (UMWA) and the

Bituminous Coal Operators' Association (BCOA) jointly submitted ten

(10) questions regarding the proposed rule and issues raised at the

public hearing. On October 31, 1995, we placed a written response to

each question in the rulemaking record. On the same date we reopened

the record for 45 days to give all interested parties an opportunity to

provide any additional data, test results, and technical information

[60 FR 55353]. On December 20, 1995, we extended the comment period to

February 5, 1996 [60 FR 65609], the date on which the record closed.

II. Specific Issues

A. The Regulatory Flexibility Act (RFA)

The RFA requires us to analyze and publish, for public comment, the

impact of a proposed regulation on small entities. This analysis must

consider regulatory alternatives consistent with the purpose of

applicable statutes, and explain our rationale for the regulatory

option proposed. If there is no significant economic impact on a

substantial number of small entities, we can so certify, providing a

factual basis for the certification. In Chapter V of the PRIA for the

conveyor belt proposal (available simultaneously with the proposed rule

on December 24, 1992), we preliminarily assessed the impact of the

proposal and determined that the proposed rule would not have a

significant economic impact on a substantial number of small mining

operations. The preamble to the proposal also included a discussion of

our preliminary conclusions about the cost of the rule and invited all

conveyor belt manufacturers and mine operators, including small

manufacturers and small operators, to comment.

At the time the conveyor belt proposal was published, we defined a

small mine to be one that employed fewer than 20 miners. In order to

fully comply with the RFA requirements, we must use the Small Business

Administration (SBA) definition for ``small mine'' and ``small conveyor

belt manufacturer.'' For the mining industry, SBA defines a ``small''

mine as one with 500 or fewer employees. SBA's definition of a small

conveyor belt manufacturer is also one with 500 or fewer employees. To

ensure that the PRIA for the conveyor belt proposal conforms with the

appropriate criteria, we have updated our evaluation of the impact of

the proposal on small mines and small manufacturers in the PRIA using

the SBA definitions. The updated PRIA also reflects current economic

and industry data and addresses comments received on the PRIA from

commenters on the 1992 proposal.

This notice advises the mining industry that we are reopening the

record for the limited purpose of receiving comments from you on the

updated PRIA and its assessment that the conveyor belt proposal would

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

entities, either small mines or small manufacturers, as defined by the

SBA. Comments which are outside the scope of this notice will not be

considered.

B. The Paperwork Reduction Act (PRA) of 1995

The proposed rule for conveyor belts, published on December 24,

1992, summarized the paperwork burdens of the proposal based on the

paperwork evaluation set out in the SF 83 and Supporting Statement,

consistent with the PRA of 1980. It also requested comments on the

collection of information requirements contained in the proposal from

interested parties, asking that such comments be sent to us and to the

MSHA Desk Officer at the Office of Management and Budget's (OMB) Office

of Information and Regulatory Affairs (OIRA). Prior to publication of

the proposal, by transmittal letter dated June 24, 1992, the Secretary

sent to OMB a copy of the proposed rule, the PRIA, and the paperwork

submission using form SF 83 required under Executive Order 12291 and

the PRA. These documents are part of the rulemaking record of this

proposal. However, we have confirmed that OIRA has no files on our

conveyor belt proposal nor a record indicating that the proposed rule,

PRIA, and paperwork submission were received by that office.

This notice advises you that we are resubmitting a proposed

paperwork submission on the requirements for approval of flame-

resistant conveyor belt to OMB for its review and approval under 44

U.S.C. Sec. 3507(d) of the PRA. This resubmittal provides you with the

opportunity to comment. We updated the paperwork submission to address

changes contained in the PRA of 1995, to reflect current industry and

economic data, and to address comments received on the information

collection requirements from commenters on the 1992 proposal. It uses

the 1995 OMB revised form 83-I, instead of the SF 83 prepared and

transmitted to OMB with the conveyor belt proposal in 1992.

Descriptions of the respondents and information collection

requirements follow with an estimate of the annual information

collection burden and cost of that burden. The burden hour estimate

includes the time for reviewing instructions, gathering and maintaining

the data needed, and completing and reviewing the collected

information.

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1. Description of the Proposed Collection of Information Requirements,

the Need for and Proposed use of the Information

Under the Federal Mine Safety and Health Act of 1977 (Mine Act), we

are required to approve certain products and equipment for use in

underground coal mines. This approval indicates that MSHA's

specifications and tests, designed to ensure that a product will not

present a fire, explosion, or other specific safety hazard related to

use, are met. Section 311(h) of the Mine Act requires that all conveyor

belts acquired for use underground meet the requirements established by

the Secretary for flame-resistant conveyor belts. Because of the fire

hazards in underground coal mines, our current safety standard, 30 CFR

75.1108, requires the use of flame-resistant conveyor belts.

If you are a manufacturer who desires to market your belts as

approved for use in underground coal mines, you must submit an

application for conveyor belt approval to us. The paperwork provisions

found in proposed Sec. 14.4(c) and (d), application for approval and

extension of approval, would require an application for approval of

flame-resistant belt to contain product specifications, including

compound formulation, describing the belt or proposed changes to

approved belting. This information would be used by our technical

experts to assess the belt's compliance with the proposed technical

requirements and to determine whether the belt should be approved for

use in underground coal mines. Further, under proposed Sec. 14.5, the

applicant would need to submit three 5-foot by 9-inch samples of the

belt to MSHA for testing where testing of the belt is required. Our

approval marking on a product indicates that the product meets the

specified technical requirements. The information this proposed rule

would require is essentially the same information currently required by

manufacturers seeking ``acceptance'' of conveyor belts under part 18.

Any product not in compliance with these proposed requirements

would need to be traced and replaced or withdrawn from use if it could

present a hazard to miners. Proposed Sec. 14.7(d) would require you, as

an approval-holder, to maintain records on the distribution of all

conveyor belts bearing an approval marking. The proposal does not

specify a set number of years for retention of records on the

distribution of approved belts, or the type of record you must

maintain. Instead, the proposed rule would require retention of records

for at least the projected service life of the belt, as determined by

you, the applicant. This approach would recognize that the life of a

belt can vary depending on factors such as its physical

characteristics, use as a main line or section belt, the type of

material being transported, and belt maintenance. We assume that most

manufacturers would use existing record systems to fulfill this

proposed requirement.

Proposed Sec. 14.8(d) would require you, as an approval-holder, to

notify us immediately should you become aware that approved belts may

have been distributed that do not meet the requirements for flame

resistance upon which the approval is based. Prompt notification is

important so that we could work with you on appropriate corrective

action to protect miners from the hazards of fire which noncompliant

conveyor belting could affect.

2. Description of Respondents

The respondents in the paperwork provisions are mine equipment

manufacturers who produce conveyor belts for underground mines.

Although there are 74 firms or subsidiaries of firms that hold MSHA

acceptances for conveyor belts under the existing rule in part 18, the

number of active belt manufacturers has decreased since the time the

proposed rule was published in 1992. Some companies are no longer in

business and some have been consolidated with other companies.

Therefore, MSHA estimates that only ten manufacturers of conveyor belts

would submit applications for approval of flame-resistant conveyor belt

under the proposed rule. These manufacturers produce a number of

different conveyor belts which are normally approved through separate

applications for approval. An application for approval would be

required whenever a new approval is sought under the proposed part 14

requirements, or when changes to a previously approved belt are

planned.

3. Information Collection Burden

We estimate that there would be 663 burden hours for the first year

related to conveyor belt manufacturers, 383 hours for the second year

and 143 burden hours for each year thereafter, for a total of years one

through three of 1,189 burden hours. The costs associated with that

burden would be $46,734 for the first year, $27,269 for the second year

and $10,199 for each succeeding year for a total of $84,202. With

respect to this collection of information, we request your comments

specifically on the resubmitted paperwork submission. You are invited

to comment further on:

(1) Whether the proposed collection of information is necessary for

the proper performance of the functions of the Agency, including

whether the information will have practical utility;

(2) The accuracy of our estimate of the projected burden, including

the validity of methodology and assumptions used;

(3) Ways to enhance the quality, utility, and clarity of the

information to be collected; and

(4) Ways to minimize the burden of the collection of information on

respondents, including the use of appropriate automated, electronic,

mechanical, or other technological collection techniques, or other

forms of information technology

III. Request for Comments

This is a limited reopening of the record to provide you an

opportunity to comment on the updated PRIA and the updated paperwork

submission we are resubmitting to OMB on the proposed requirements for

the approval of flame-resistant conveyor belts. We will consider

comments addressing the economic impact of the proposal on small

manufacturers and small mines and our conclusion, in the updated PRIA,

that the proposal would not have a significant economic impact on a

substantial number of small entities. Comments on the information

collection requirements in the updated paperwork submission will also

be considered. Comments addressing the substantive provisions of

proposed part 14 and Sec. 75.1108-1 will not be considered due to the

limited scope of this reopening notice.

We encourage you to take advantage of this opportunity to provide

information and express your concerns on the specific issues discussed

here.

You can obtain a copy of the updated PRIA and updated paperwork

submission by contacting MSHA at the address or telephone number

provided at the beginning of this notice. These documents are also

available on our website at http://www.msha.gov.

Dated: December 13, 1999.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 99-33531 Filed 12-27-99; 8:45 am]

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