Electric Motor-Driven Mine Equipment and Accessories and High- Voltage Longwall Equipment Standards for Underground Coal Mines

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 18 and 75

RIN 1219-AA75

Electric Motor-Driven Mine Equipment and Accessories and High-

Voltage Longwall Equipment Standards for Underground Coal Mines

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

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

public comments.

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SUMMARY: This notice announces that we (MSHA) have updated our

Preliminary Regulatory Impact and Flexibility Analysis (PRIA) for our

proposed rule on high-voltage longwall equipment and that we are

reopening the rulemaking record for the limited purpose of providing

interested parties an opportunity to comment on the updated PRIA. The

updated PRIA includes an evaluation of the impact of the part 18

approval requirements on small manufacturers and the impact of the

proposed part 75 requirements on small mines. The updated PRIA

concludes that the proposal would not have a significant economic

impact on a substantial number of these small entities. Only comments

addressing the updated PRIA, including the economic impact of the

proposal on small manufacturers and small mine operators described in

the PRIA, will be considered by MSHA. You may obtain a copy of the

updated PRIA 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://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 as such 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.

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

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

Copies of this reopening notice and updated PRIA in alternate formats

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

SUPPLEMENTARY INFORMATION:

I. Background

On December 4, 1989, (54 FR 50062), we issued a proposed rule

revising our electrical safety standards for underground coal mines.

That proposal addressed all of our electrical standards for underground

coal mines and would have allowed the use of high-voltage longwall

equipment; however, it did not specifically focus on the safety issues

related to the use of high-voltage longwall equipment. We published a

new proposed rule on August 27, 1992, (57 FR 39036) related

specifically to the use of high-voltage longwall equipment in

underground coal mines. This proposal also addressed approval

requirements for high-voltage electrical equipment operated in longwall

face areas of underground coal mines. The comment period on the

proposal was scheduled to close on October 23, 1992, but was extended

to November 13, 1992 (57 FR 48350). Because considerable time had

passed since the record had closed, we reopened the rulemaking record

on October 18, 1995 (60 FR 53891), to provide all interested parties an

opportunity to submit additional comments on the proposed rule. The

comment period was scheduled to close on November 14, 1995, but was

extended to December 18, 1995 (60 FR 57203), the date on which the

record closed. We received no requests for a public hearing on the

proposal.

The high-voltage longwall proposal would revise our existing

standards to allow the use of high voltage longwall mining systems.

Longwall mining is a mining method which has undergone advances in

technology during the past 25 years. These technological advances have

led to improved, safer systems. The proposal would be implemented in

conjunction with revisions to 30 CFR part 18 which would make

conforming changes to approval and design requirements for high-voltage

equipment. The additional requirements under part 18 are also

consistent with advances in mine technology in that they would require

high-voltage switchgear used on face equipment to have enhanced safety

protection from fire, explosion, and shock hazards.

II. Specific Issue: Regulatory Flexibility Act (RFA)

The RFA requires an agency to analyze a proposed rule's impact on

small entities, publish the analysis for public comment, discuss

regulatory alternatives considered that are consistent with the purpose

of applicable statutes, and explain the rationale for the regulatory

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

substantial number of small entities, an agency can so certify,

providing a factual basis for the certification. In Chapter V of the

PRIA on the high-voltage longwall proposal (available simultaneously

with the proposed rule on August 27, 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 impact and cost of

the rule. The 1992 PRIA invited the public to comment on these small

entity and cost conclusions.

At the time the high voltage proposal was published, we used our

traditional definition of a small mine as one that employed fewer than

20 miners. In order to comply fully with the RFA requirements, we must

use the Small Business Administration (SBA) definition of a small

entity. For the mining industry, SBA defines a ``small'' mine as one

with 500 or fewer employees. To ensure that the high-voltage longwall

proposed rule conforms with the RFA, MSHA has analyzed the impact of

the proposed rule on mines with 500 or fewer employees (as well as on

those with fewer than 20 employees). MSHA determined that the proposed

rule would not have a significant economic impact on a substantial

number of small mines, whether a small mine is defined as one with 500

or fewer miners or one with fewer than 20 miners. The Agency has

further determined that the proposed rule would not have a significant

economic impact on a substantial number of small entities engaged in

the manufacture of high-voltage longwall equipment. The SBA has defined

these small entities as those manufacturers with 750 or fewer

employees. To ensure that the PRIA for the high voltage proposal

conforms with the appropriate criteria, we have updated our evaluation

of the proposal's impact on small mines and small manufacturers in the

updated PRIA using the SBA definitions. The updated PRIA also reflects

current economic and

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industry data and addresses comments received on the PRIA from

commenters on the 1992 proposal.

III. Request for Comments

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

opportunity to comment on our updated PRIA and its assessment that the

high voltage longwall proposal would not have a significant economic

impact on a substantial number of small entities, either small mines or

small manufacturers of high voltage equipment, as defined by the SBA.

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

addressing the substantive provisions of proposed parts 18 and 75 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.

Again, you can obtain a copy of this reopening notice and the

updated PRIA 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. 99-33532 Filed 12-27-99; 8:45 am]

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