MSHA Proposed Rule
Improving and Eliminating Regulations; Approved Books and Records [09/03/1998]
[PDF Version]
Volume 63, Number 171, Page 47122-47123
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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: Proposed rule; technical amendment.
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SUMMARY: MSHA is proposing to remove certain regulations on Approved
Books and Records. Forms required by these regulations are obsolete. In
addition, the requirements are either redundant or can be easily
included in other existing standards for greater clarity. MSHA would
make conforming amendments to other safety regulations, as necessary.
DATES: Submit written comments on or before November 2, 1998.
ADDRESSES: Send comments by mail to Patricia W. Silvey, Director,
Office of Standards, Regulations, and Variances, MSHA, 4015 Wilson
Boulevard, Room 631, Arlington, VA 22203; by facsimile to MSHA, Office
of Standards, Regulations, and Variances at 703-235-5551; or by E-mail
to comments@msha.gov. MSHA encourages commenters sending written
comments by mail or facsimile to also send a computer disk of the
comments.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, 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identify obsolete, outdated, redundant, or unnecessary provisions that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. This proposed rule is part of MSHA's ongoing plan to improve
its regulations. The removal of part 75, subpart S, from title 30 of
the Code of Federal Regulations (30 CFR), would not reduce protection
to miners because these provisions are covered by other MSHA standards.
Conforming amendments to these other MSHA standards would be made, as
appropriate. This proposed rule would streamline 30 CFR 75 by improving
consistency and clarity in MSHA requirements for approved books and
records for underground coal mines.
II. Discussion of Proposed Rule
Existing MSHA standards in 30 CFR 75, subpart S, Approved Books and
Records, contains recordkeeping requirements for certain tests and
examinations conducted in underground mines. Approved books for
recording test results are specified, 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, MSHA proposes to delete
this requirement.
The proposal recognizes the increasing use of electronic storage
and retrieval of information and would revise 30 CFR 75.800-4 to
accommodate this technology. MSHA encourages mine operators who store
records electronically to provide a mechanism which will allow the
continued storage and retrieval of records in the year 2000.
In addition, MSHA proposes to add a requirement to 30 CFR 75.800-4
that clarifies that the records be retained for one year. MSHA
considers this additional requirement as 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. MSHA has determined that this
proposed rule does not meet the criteria for a significant regulatory
action and, therefore, has 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 MSHA's 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
proposed rule
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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, MSHA must include in the
proposed rule a factual basis for this certification. The Agency 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, MSHA has determined that there would be no
impact on small businesses. No small governmental jurisdictions or
nonprofit organizations are affected. The Agency believes that this
analysis provides a reasonable basis for the certification in this
case.
The Agency has provided a copy of this proposed rule and regulatory
flexibility certification statement to the SBA Office of Advocacy. In
addition, MSHA will mail a copy of the proposed 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
proposed 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. MSHA, consistent with
other MSHA recordkeeping requirements, is proposing 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 proposed rule does not include any
Federal mandate that may result in 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, MSHA has evaluated
the environmental health and safety risks of the proposed rule on
children. The Agency has determined that the proposed rule would have
no effects on children.
List of Subjects in 30 CFR Part 75
Mine safety and health, Reporting and recordkeeping requirements,
Underground coal mines.
Dated: August 24, 1998.
J. Davitt McAteer,
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 of Part 74--[Removed and reserved]
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. 98-23350 Filed 9-2-98; 8:45 am]
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