MSHA Proposed Rule
Requirements for the Approval of Flame-Resistant Conveyor Belts [12/28/1999]
[PDF Version]
Volume 64, Number 248, Page 72617-72619
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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 comments@msha.gov.
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.
[[Page 72619]]
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]
BILLING CODE 4510-43-P
