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E-mail This PageMSHA Proposed Rule
Seat Belts for Off-Road Work Machines and Wheeled Agricultural Tractors at Metal and Nonmetal Mines [04/21/2003]
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Volume 68, Number 76, Page 19474-19477
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 57
RIN: 1219-AA98 (Phase 6)
Seat Belts for Off-Road Work Machines and Wheeled Agricultural
Tractors at Metal and Nonmetal Mines
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: MSHA is issuing a proposed rule that would update the Agency's
requirements for operator restraint systems (seat belts) for off-road
work machines and wheeled agricultural tractors at metal and nonmetal
mines. The existing standards require seat belts for off-road work
machines to meet the requirements of the Society of Automotive
Engineers' (SAE) consensus standard SAE J386-1985, and seat belts for
wheeled agricultural tractors to meet the requirements of SAE J1194-
1983. Since MSHA promulgated these standards, however, the SAE has
revised them to reflect technological advances in seat belt design and
materials. Seat belts meeting the specifications of earlier versions of
these SAE standards are no longer routinely installed by manufacturers.
The proposed rule would permit seat belts to meet the requirements of
the more recent revisions of the SAE J386 and SAE J1194 standards.
DATES: Submit comments by May 21, 2003.
The incorporation by reference of certain publications in this rule
is approved by the Director of the Federal Register as of the effective
date of the final rule.
ADDRESSES: Clearly identify comments as such and submit them either
electronically to ; by facsimile to 202-693-9441; or by regular mail or
hand delivery to MSHA, Office of Standards, Regulations, and Variances,
1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939. Comments
are posted for public viewing at http://www.msha.gov/currentcomments.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Director; Office of
[[Page 19475]]
Standards, Regulations, and Variances, MSHA; Phone: 202-693-9442; FAX:
202-693-9441; E-mail: nichols-marvin@msha.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Copies of the SAE publications incorporated by reference may be
examined at any Metal and Nonmetal Mine Safety and Health District
Office; at MSHA's Office of Standards, Regulations, and Variances, 1100
Wilson Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC. Copies may be purchased from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania
15096-0001.
This proposed rule would only update Sec. Sec. 56/57.14130,
paragraph (h), Seat belts construction. MSHA is not updating Sec. Sec.
56/57.14130, paragraph (b)(2), which also incorporates by reference SAE
J1194-1983, because paragraph (b)(2) addresses the construction of
roll-over protective structures (ROPS), not seat belts. The
construction of ROPS is beyond the scope of this rulemaking.
A. Proposed Rule, Direct Final Rule, and Significant Adverse Comments
Elsewhere in this issue of the Federal Register, we are publishing
a direct final rule that is substantively identical to this proposed
rule. We are publishing this companion proposed rule under Sec. 553 of
the Administrative Procedure Act to speed notice and comment rulemaking
should we withdraw the direct final rule.
MSHA has determined that this rulemaking is suitable for a direct
final rule because we do not expect that updating the metal and
nonmetal seat belt standards, to include the revised SAE consensus
standards, will elicit any significant adverse comments. A significant
adverse comment is one that explains (1) why the direct final rule is
inappropriate, including challenges to the rule's underlying premise or
approach, or (2) why the direct final rule will be ineffective or
unacceptable without a change. In determining whether a comment
necessitates withdrawal of the direct final rule, we would consider
whether the comment warrants a substantive response in a notice and
comment process.
All interested parties should comment by May 21, 2003, because we
will not initiate an additional comment period.
B. Regulatory History
Existing standards Sec. Sec. 56/57.14130 derived from standards
promulgated by MSHA's predecessor, the Mining Enforcement and Safety
Administration (MESA) in 1977. Like these existing standards, the
standards under MESA required seat belts to meet specific SAE
requirements that were incorporated by reference. MSHA's requirements
for seat belts at metal and nonmetal mines remained substantively
unchanged until 1988.
In 1984, MSHA issued a proposed rule (49 FR 49201) revising the
loading, hauling, and dumping standards at metal and nonmetal mines.
MSHA had considered removing the incorporation by reference provisions
relating to seat belts and accompanying roll-over protective structures
(ROPS) on equipment and replace them with performance criteria (49 FR
49201 and 49203). At that time, however, commenters urged MSHA to
retain the incorporation by reference and update it.
In 1988, MSHA promulgated final Sec. Sec. 56/57.14130 for ROPS and
seat belts for certain off-road work machines. The final rule (53 FR
32496 and 32524) updated the references to SAE J386-1985 and SAE J1194-
1983 to reflect the most current revision. The final rule also added a
provision, Sec. Sec. 56/57.14131, requiring that seat belts on haulage
trucks meet the same SAE requirements as MSHA required for seat belts
on off-road work machines.
II. Discussion of Seat Belt Requirements
Existing standards Sec. Sec. 56/57.14130(h) and 56/57.14131(c)
require that seat belts for off-road work machines meet the
requirements set forth in the Society of Automotive Engineers' (SAE)
consensus standard J386-1985. Existing standards Sec. Sec. 56/
57.14130(h) also require that seat belts for agricultural tractors meet
SAE consensus standard J1194-1983. These SAE consensus standards are
incorporated by reference. Paragraphs Sec. Sec. 56/57.14130(j) and 56/
57.14131(d) contain the required information about the Federal
Register's approval of the incorporation by reference and the addresses
for examining or obtaining copies.
Compliance Difficulties. MSHA enforcement of its seat belt
standards relies on the labeling of seat belts in accordance with the
SAE standards. For example, SAE J386-1985 states
4.1.5 Marking (Labeling) Each seat belt assembly and/or each
section of belt assembly shall be permanently and legibly labeled
with year of manufacture, model or style number, and name or
trademark of manufacturer or importer, and shall state compliance
with SAE J386 JUN85, Part II.
Since 1988, however, SAE has updated SAE J386 twice and SAE J1194
three times, each time reaffirming the previous version or
incorporating advances in safety technology. Seat belts and assemblies
currently manufactured for off-road work machines and haulage trucks
comply with SAE J386-1997 and those currently manufactured for tractors
comply with SAE J1194-1999. Seat belts meeting the superceded SAE J386-
1985 or SAE J1194-1983 standards are no longer available, except
through special orders at considerable cost. Consequently, because
manufacturers no longer construct or label seat belts in accordance
with the outdated SAE standards, mine operators have difficulty
complying with MSHA's existing standards.
Equivalent Protection. MSHA bases its requirements for roll-over
protective structures (ROPS) and operator restraint systems (seat
belts) on technical documents developed by the SAE, a nationally and
internationally recognized consensus standards setting organization.
ROPS and seat belts provide a predictable level of performance when
their construction meets the specifications of SAE's consensus
standards. For example, SAE's testing of seat belt assemblies verifies
that the strength and construction under the 1993 and 1997 revisions of
SAE J386 meet the minimum requirements set forth by the society.
Engineers and safety professionals agree that SAE J386 performance and
test requirements provide a safe operator restraint system for off-road
work machines commonly used in mining. This proposed rule would expand
compliance alternatives to accommodate advances in seat belt technology
without reducing protection for miners.
Expanded Compliance Alternatives. Newly manufactured replacement
seat belts for off-road work machines and wheeled agricultural
tractors, as well as those installed on new off-road machines or
tractors, meet the specifications in the most recent SAE consensus
standards. The immediate availability of replacement seat belts ``off-
the-shelf,'' as opposed to those requiring a special order, speeds
replacement, minimizing equipment down time and the enticement to use
off-road work machines without compliant seat belts. Also, allowing the
use of seat belts meeting other revisions of the SAE standards, rather
than only the most recent, would allow mine operators to use the supply
of
[[Page 19476]]
replacement seat belts they already have on hand.
Enhanced Safety. The proposed rule would improve safety by updating
MSHA's standards to allow the use of advances in seat belt technology
addressed in the newer industry consensus standards. Many safeguards
and improved engineering are integral design features on new products.
For example, the more recent revisions of the SAE consensus standards
address developments, such as tether straps and three and four point
systems, which are not included in the 1983 or 1985 revisions. Up-to-
date standards are consistent with the goals of the Federal Mine Safety
and Health Act of 1977, Executive Order 12866, and the Regulatory
Flexibility Act.
III. The Regulatory Flexibility Act, Executive Order 12866, and the
Small Business Regulatory Enforcement Fairness Act
In accordance with Executive Order (E.O.) 12866, we have analyzed
the estimated costs and benefits associated with this proposed rule,
and have included our Preliminary Regulatory Economic Analysis (PREA)
in this preamble. This proposed rule would not be an economically
significant regulatory action under Sec. 3(f)(1) of E.O. 12866.
In accordance with Sec. 605 of the Regulatory Flexibility Act
(RFA), we certify that this proposed rule would not have a significant
economic impact on a substantial number of small entities. Under the
Small Business Regulatory Enforcement Fairness Act (SBREFA) amendments
to the RFA, we must include the factual basis for this certification in
the proposed rule. Accordingly, we are publishing the factual basis for
our preliminary regulatory flexibility certification statement in the
Federal Register, as part of this preamble, and are providing a copy to
the Small Business Administration (SBA), Office of Advocacy. We also
will mail a copy of the proposed rule, including the preamble and
certification statement, to metal and nonmetal mine operators and
miners' representatives and post it on our Internet Home Page at
www.msha.gov.
Factual basis for certification. This proposed rule would provide
at least the same level of protection for miners at a lower cost for
mine operators. It would affect all 11,641 metal and nonmetal mines,
85.3% (9,928) of which employ fewer than 20 miners and 99.8% (11,618)
of which employ 500 or fewer miners (PEIR, CY 2001). It would not
include any additional costs and would have no adverse economic impact
on the metal and nonmetal mining industry. To the contrary, cost
savings would be associated with not having to special order
discontinued, older seat belts and not having to replace those seat
belts already installed. The proposed rule also would eliminate the
burden of preparing and responding to petitions for modification. The
advantage of being able to obtain seat belts ``off-the-shelf'' would
allow mine operators to replace damaged seat belts more quickly, thus
reducing machinery and equipment down time which could result in lost
production.
IV. Other Regulatory Considerations
A. Paperwork Reduction Act
This proposed rule would not contain any information collections
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act. Although the SAE requires seat belts to
have a label indicating compliance with a specific SAE consensus
standard, these labels are prepared and attached by the seat belt
manufacturer. Both mine operators and MSHA use these labels to
determine whether the seat belts comply with the appropriate SAE
consensus standard.
B. Unfunded Mandates Reform Act of 1995
This proposed rule would affect about 220 small metal and nonmetal
mines operated by governmental jurisdictions mostly to provide
aggregates for the construction and repair of highways and roads. We
have determined, for purposes of Sec. 202 of the Unfunded Mandates
Reform Act of 1995, that this proposed rule would not include any
Federal mandate that may result in increased expenditures by state,
local, or tribal governments in the aggregate of more than $100
million, or increased expenditures by the private sector of more than
$100 million. We also determined, for purposes of Sec. 203, that this
proposed rule would not significantly or uniquely affect these
entities.
C. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This proposed rule would not be subject to Executive Order 12630
because it would not involve implementation of a policy with
``takings'' implications.
D. Executive Order 12988: Civil Justice Reform
In accordance with Executive Order 12988, we have determined that
this proposed rule would not unduly burden the Federal court system. We
wrote the proposed rule to provide a clear legal standard for affected
conduct and have reviewed it to eliminate drafting errors and
ambiguities.
E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
In accordance with Executive Order 13045, we have evaluated the
environmental health and safety effects of this proposed rule and have
determined that it would have no adverse effects on children.
F. Executive Order 13132: Federalism
In accordance with Executive Order 13132, we have reviewed this
proposed rule and have determined that it would not have ``federalism''
implications.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
In accordance with Executive Order 13175, we certify that this
proposed rule would not impose substantial direct compliance costs on
Indian tribal governments.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
In accordance with Executive Order 13211, we have reviewed this
proposed rule and have determined that it would not have a significant
adverse effect on the supply, distribution, or use of energy, and no
reasonable alternatives to this action would be necessary.
I. Executive Order 13272: Proper Consideration of Small Entities in
Agency Rulemaking
In accordance with Executive Order 13272, MSHA has thoroughly
reviewed the proposed rule to assess and take appropriate account of
its potential impact on small businesses, small governmental
jurisdictions, and small organizations. As discussed previously in this
preamble, MSHA has determined that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
List of Subjects
30 CFR Part 56
Incorporation by reference, Mine safety and health, Surface mining.
30 CFR Part 57
Incorporation by reference, Mine safety and health, Underground
mining.
[[Page 19477]]
Dated: April 14, 2003.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977, MSHA is proposing to
amend chapter I, parts 56 and 57 of title 30 of the Code of Federal
Regulations as follows:
PART 56--[AMENDED]
1. The authority citation for part 56 continues to read as follows:
Authority: 30 U.S.C. 811.
2. Section 56.14130 is amended by revising paragraphs (h) and (j)
to read as follows:
Sec. 56.14130 Roll-over protective structures (ROPS) and seat belts.
* * * * *
(h) Seat belts construction. Seat belts required under this section
shall meet the requirement of SAE J386, ``Operator Restraint System for
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structures (ROPS) for Wheeled Agricultural Tractors''
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by
reference.
* * * * *
(j) Publications. The incorporation by reference of these
publications is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
publications may be examined at any Metal and Nonmetal Mine Safety and
Health District Office; at MSHA's Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209-
3939; or at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. Copies may be purchased from
the Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, Pennsylvania 15096-0001.
3. Section 56.14131 as amended by revising paragraphs (c) and (d)
to read as follows:
Sec. 56.14131 Seat belts for haulage trucks.
* * * * *
(c) Seat belts required under this section shall meet the
requirements of SAE J386, ``Operator Restraint System for Off-Road Work
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
(d) The incorporation by reference of these publications is
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of these may be examined at any
Metal and Nonmetal Mine Safety and Health District Office; at MSHA's
Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard,
Room 2349, Arlington, Virginia 22209-3939; or at the Office of the
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington,
DC. Copies may be purchased from the Society of Automotive Engineers,
400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.
PART 57--[AMENDED]
4. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
5. Section 57.14130 is amended by revising paragraphs (h) and (j)
to read as follows:
Sec. 57.14130 Roll-over protective structures (ROPS) and seat belts
for surface equipment.
* * * * *
(h) Seat belts construction. Seat belts required under this section
shall meet the requirement of SAE J386, ``Operator Restraint System for
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structure (ROPS) for Wheeled Agricultural Tractors''
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by
reference.
* * * * *
(j) Publications. The incorporation by reference of these
publications is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
publications may be examined at any Metal and Nonmetal Mine Safety and
Health District Office; at MSHA's Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209-
3939; or at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. Copies may be purchased from
the Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, Pennsylvania 15096-0001.
6. Section 57.14131 is amended by revising paragraphs (c) and (d)
to read as follows:
Sec. 57.14131 Seat belts for surface haulage trucks.
* * * * *
(c) Seat belts required under this section shall meet the
requirements of SAE J386, ``Operator Restraint System for Off-Road Work
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
(d) The incorporation by reference of these publications is
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be
examined at any Metal and Nonmetal Mine Safety and Health District
Office; at MSHA's Office of Standards, Regulations, and Variances, 1100
Wilson Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC. Copies may be purchased from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania
15096-0001.
[FR Doc. 03-9658 Filed 4-18-03; 8:45 am]
BILLING CODE 4510-43-P
