[Federal Register: April 21, 2003 (Volume 68, Number 76)]
[Rules and Regulations]
[Page 19344-19347]
______________________________________________________________________
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: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: MSHA is issuing a direct final rule that updates 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 direct final rule will permit seat belts to meet the requirements
of the more recent revisions of the SAE J386 and SAE J1194 standards.
DATES: This direct final rule is effective June 20, 2003, without
further notice, unless we receive significant adverse comments by May
21, 2003. If we receive such comments, we will publish a timely withdrawal of this
direct final rule in the Federal Register.
The incorporation by reference of certain publications in this rule
is approved by the Director of the Federal Register as of June 20,
2003.
ADDRESSES: Clearly identify comments as such and submit them either
electronically to zzMSHA-Comments@dol.gov; 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.asp.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Director; Office of
Standards, Regulations, and Variances, MSHA; Phone: 202-693-9442; FAX:
202-693-9441; E-mail: Nichols-Marvin@dol.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 direct final rule only updates 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. Direct Final Rule and Significant Adverse Comments
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 this direct final rule, we will consider
whether it warrants a substantive response in a notice and comment
process.
Elsewhere in this issue of the Federal Register, we are publishing
a companion proposed rule under Sec. 553 of the Administrative
Procedure Act to speed notice and comment rulemaking should we withdraw
this direct final rule. The companion proposed rule and this direct
final rule are substantively identical. 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. The direct final rule expands
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, allows mine operators to
use the supply of replacement seat belts they already have on hand.
Enhanced Safety. The direct final rule improves 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, these revisions 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 direct final
rule, and have included our Regulatory Economic Analysis (REA) in this
preamble. This direct final rule is not 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 direct final rule does 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 direct final rule. Accordingly, we are publishing
the factual basis for our 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 direct final 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 http://www.msha.gov.
Factual basis for certification. This direct final rule provides at
least the same level of protection for miners at a lower cost for mine
operators. It affects 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 includes no
additional costs and has no adverse economic impact on the metal and
nonmetal mining industry. To the contrary, there are cost savings
associated with not having to special order discontinued, older seat
belts and not having to replace those seat belts already installed. The
direct final rule also eliminates the burden of preparing and
responding to petitions for modification. The advantage of being able
to obtain seat belts ``off-the-shelf'' allows 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 direct final rule contains no 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 direct final rule affects 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 direct final rule does 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
direct final rule does not significantly or uniquely affect these
entities.
C. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This direct final rule is not 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 direct final rule will not unduly burden the Federal court system.
We wrote the direct final 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 direct final rule and
have determined that it has no adverse effects on children.
F. Executive Order 13132: Federalism
In accordance with Executive Order 13132, we have reviewed this
direct final rule and have determined that it does 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
direct final rule does 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
direct final rule and have determined that it has no significant
adverse effect on the supply, distribution, or use of energy, and no
reasonable alternatives to this action are necessary.
I. Executive Order 13272: Proper Consideration of Small Entities in
Agency Rulemaking
In accordance with Executive Order 13272, MSHA has thoroughly
reviewed the direct final 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 the direct final rule does 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.
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 amending 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 is 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 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.
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 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.
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. 03-9657 Filed 4-18-03; 8:45 am]
BILLING CODE 4510-43-P
