Testing, Evaluation, and Approval of Electric Motor-Driven Mine Equipment and Accessories, 73656-73667 [2020-22589]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Proposed Rules]
[Pages 73656-73667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22589]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 18 and 74

[Docket No. MSHA-2020-0018]
RIN 1219-AB93


Testing, Evaluation, and Approval of Electric Motor-Driven Mine 
Equipment and Accessories

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) proposes to 
revise its regulations that sets out the testing, evaluation, and 
approval requirements for electric motor-driven mine equipment and 
accessories intended for use in gassy mines. Under this proposal, MSHA 
will accept voluntary consensus standards (VCS) that are suitable for 
gassy mining environments and that provide protection against fire or 
explosion dangers, to replace approval requirements in its regulations. 
This proposal is intended to promote the use of innovative and advanced 
technologies that lead to improvements in mine safety and health and to 
improve the efficiency and effectiveness of MSHA's approval process.

DATES: Comment date: Comments must be received or postmarked by 
midnight Eastern Daylight Savings Time on December 21, 2020.

ADDRESSES: Submit comments and informational materials, identified by 
RIN 1219-AB93 or Docket No. MSHA-2020-0018, by one of the following 
methods:
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: [email protected]. Include RIN 1219-AB93 or 
Docket No. MSHA-2020-0018 in the subject line of the message.
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202-5452.
     Hand Delivery or Courier: MSHA, 201 12th Street South, 
Suite 4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. 
Monday through Friday, except Federal holidays. Sign in at the 
receptionist's desk on the 4th Floor East.
     Fax: (202) 693-9441.
    Instructions: All submissions must include RIN 1219-AB93 or Docket 
No. MSHA-2020-0018. Do not include

[[Page 73657]]

personal information that you do not want publicly disclosed; MSHA will 
post all comments without change, including any personal information 
provided, to https://www.regulations.gov and on MSHA's website at 
https://www.msha.gov/regulations/rulemaking.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov or https://www.msha.gov/currentcomments.asp. 
To read background documents, go to https://www.regulations.gov. Review 
comments and background documents in person at the Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452. Sign in at the receptionist's desk on 
the 4th Floor East, Suite 4E401.
    Email Notification: To subscribe to receive email notification when 
MSHA publishes rulemaking documents in the Federal Register, go to 
https://public.govdelivery.com/accounts/USDOL/subscriber/new.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Deputy Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email), (202) 693-9440 (voice); or (202) 693-
9441 (facsimile). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION:

I. Background

    The Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801) 
(Mine Act) requires the Mine Safety and Health Administration (MSHA) to 
establish requirements for the technical design, construction, and 
testing of electrical products that must be approved by MSHA prior to 
use in gassy mines. These regulations are divided into separate parts 
based on equipment type. Title 30 CFR part 18 (part 18) specifies the 
procedures and requirements for obtaining MSHA approval, certification, 
extension, or acceptance of electric motor-driven mine equipment and 
accessories intended for use in gassy mines.\1\ Examples of this 
equipment include portable two-way radios, remote control units for 
mining machinery, longwall mining systems, portable oxygen detectors, 
miner-wearable components for proximity detection systems, and powered 
air-purifying respirators (PAPRs). MSHA approves, as ``permissible,'' 
completely assembled electrical equipment, components of electrical 
equipment, and electrical accessories that manufacturers design, 
construct, and install to meet MSHA's requirements.
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    \1\ MSHA's approval regulations (30 CFR parts 6, 7, 18, 19, 20, 
22, 23, 27, and 28) govern the process through which manufacturers 
may obtain MSHA approval, certification, extension, or acceptance of 
certain electrical products for use in underground mines. Each of 
these separate approval actions has specific application procedures 
and technical requirements for testing and evaluation. Along with 
``approval,'' the terms ``certification,'' ``extension,'' and 
``acceptance'' also denote MSHA approval.
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    Requirements in part 18, including associated tests, are to ensure 
that such equipment will not cause a fire or explosion (30 CFR 18.4). 
Applicants must design electrical equipment so that it will not cause a 
fire or explosion, using at least one of two recognized methods. One 
way is to design equipment so that it cannot produce a spark strong 
enough, or temperatures sufficient, to ignite a hazardous gas such as 
flammable methane-air mixtures. Alternatively, applicants may house the 
equipment in enclosures that will withstand internal explosions of 
methane-air mixtures without damage to, or excessive distortion of, its 
walls or covers, and without ignition of surrounding methane-air 
mixtures or discharge of flame from inside to outside the enclosure.
    Before electric motor-driven equipment or accessories can be used 
in gassy mines in the U.S., they must first have been approved for such 
use by MSHA. Those seeking MSHA approval (applicants) are typically 
product designers and manufacturers of the equipment or accessories. 
MSHA's approval process includes testing and evaluation of the 
products, either by MSHA or by an independent laboratory. Applicants 
that use an independent laboratory to conduct testing or evaluation 
must submit the results to MSHA for review, along with written evidence 
of the laboratory's independence and current recognition by a 
laboratory accrediting organization.
    When MSHA receives an application for approval of a completely 
assembled electrical machine or accessory for use in gassy mines, MSHA 
reviews the application using the following steps. First, MSHA examines 
the documents in the application to determine whether the applicant has 
met the technical requirements of the provisions of part 18. MSHA also 
checks each drawing and specification in the application against these 
requirements and, for some products, samples of the product or parts of 
the product. MSHA may disassemble and examine parts of the product for 
conformity to the drawings and specifications. Second, after MSHA 
verifies that an applicant's product complies with the design and 
construction requirements, MSHA tests the product to determine whether 
it performs according to the approval requirements. MSHA issues an 
approval if the product passes the tests and meets all of MSHA's 
technical and safety requirements.
    Once a product is approved, the applicant is becomes an approval 
holder and must place an MSHA approval marking on the product to 
indicate that the product is approved for use in gassy mines.
    The use of the MSHA approval marking obligates the approval holder 
to maintain the quality of the completely assembled product according 
to the technical requirements upon which its approval was based. If an 
approval holder wants to modify an approved product and maintain its 
approval, then the approval holder must submit its proposed changes to 
MSHA. If MSHA approves the changes, the Agency issues either an 
extension of approval or a notice of acceptance of the modified product 
to the approval holder.

II. Regulatory Review and Reform Comments

    In 2018, the Agency announced its intent to review existing 
regulations to assess compliance costs and reduce regulatory burden. As 
part of this review, MSHA sought stakeholders' assistance in 
identifying those regulations that could be repealed, replaced, or 
modified without reducing miners' safety or health. MSHA published on 
its website (https://www.msha.gov/provide-or-view-comments-msha-regulations-repeal-replace-or-modify) a notice that the Agency is 
seeking assistance in identifying regulations for review. All comments 
are posted on the Agency's website.
    As a result of this solicitation, MSHA received a number of 
recommendations regarding MSHA's product approval regulations. One 
commenter recommended that MSHA replace part 18 with a modified set of 
regulations to provide a clearer and timelier path for approval of new 
technologies that will improve the health and safety of miners. The 
commenter noted that many products approved for use under international 
consensus standards in other countries could not be approved for use by 
MSHA under part 18. The commenter stated that international coal 
companies outside the United States may use products designed and 
manufactured to these international consensus standards, and thus may 
have access to the latest health and safety technology in their mining 
operations.
    MSHA acknowledges the benefits of using VCS and proposes that VCS 
replace existing MSHA requirements as discussed below.

[[Page 73658]]

    Two commenters suggested that MSHA adopt the International 
Electrotechnical Commission (IEC) 60079 standards for use in approvals 
of electrical mining equipment, including methane detectors. These IEC 
standards address the safety of equipment used in explosive gaseous 
atmospheres. One commenter stated that the IEC series of standards has 
been adopted by many other countries for use in approving electrical 
mining equipment for use in explosive atmospheres. For example, 
Australia uses the IEC 60079 standards with national deviations that 
are called the ANZEx 60079 standards. For approvals issued under part 
18, MSHA agrees and is proposing to adopt VCS that provide protection 
against fire and explosion dangers.
    One commenter suggested that MSHA provide clearly-defined 
requirements in part 18 for equipment approvals and certifications 
based on standards that are maintained and updated by industry experts 
and technical committees. The commenter stated that regularly updating 
the standards would improve the safety of electrical mining equipment 
and that allowing the standards to keep pace with technology (through 
more recent versions of the standards) would improve the safety and 
health of miners in the U.S.
    MSHA agrees with these comments and would use the appropriate 
rulemaking process with solicitation of public comment to adopt VCS 
developed by standard-setting bodies that plan, develop, establish, or 
coordinate standards through agreed-upon, transparent, and deliberate 
procedures. MSHA further agrees that continuing to adopt VCS as they 
are maintained and updated through the agreed-upon, transparent, and 
deliberate procedures, can promote the availability of technologically 
advanced equipment for use in U.S. mines, thus improving mine safety 
and health.

III. Discussion of Proposed Rule

A. Voluntary Consensus Standards

    MSHA proposes to incorporate by reference 14 VCS--8 American 
National Standards Institute (ANSI) approved and 6 IEC approved--in 
their entirety and without modification, to replace existing approval 
criteria in part 18 for products covered by the incorporated VCS.\2\ 
MSHA has determined that these VCS (1) are suitable for gassy mining 
environments and (2) will provide protection against fire or explosion 
dangers, if substituted in their entirety for MSHA approval 
requirements specified in part 18, subparts B through E. The existing 
MSHA subparts B through E requirements would continue to apply to those 
electrical components not covered by one of the 14 VCS.
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    \2\ MSHA has participated on Technical Advisory Groups to the 
U.S. National Committee (USNC) of the IEC for the past several 
years. The USNC of the IEC is an integrated body of ANSI. MSHA staff 
have provided comments on proposed changes to IEC standards for 
electrical equipment for use in hazardous locations. This includes 
standards for intrinsic safety, flameproof enclosures, and 
encapsulated assemblies.
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    Table 1 below lists the U.S. and international VCS that MSHA 
proposes to incorporate by reference in part 18. As discussed below in 
the section-by-section analysis, the ANSI standards are based on the 
similarly-numbered IEC standards. The ANSI and IEC standards on 
particular topics are generally similar but not identical, as the ANSI 
standards include modifications of the IEC standards and U.S.-specific 
requirements (U.S. deviations). IEC standards are prepared and 
maintained by subject matter experts, using a rigorous and well-defined 
process. Similarly, the U.S. deviations are developed by nationally-
recognized and vetted experts and are approved as American National 
Standards only if the appropriate procedures are followed.
    MSHA believes this approach would promote in U.S. mines the 
availability of technologically advanced equipment that protects miners 
against the risk of fire or explosion dangers. Many products conforming 
to these VCS are broadly recognized across various industries and in 
other countries as providing an appropriate level of safety for miners 
and others in work environments with hazards similar to those 
encountered in the mining industry. The proposed changes would allow 
the introduction of products that further mine safety but that MSHA 
could not otherwise approve because they do not conform to the existing 
requirements in part 18.
    This proposal is also consistent with the Office of Management and 
Budget's (OMB) Circular A-119 (Jan. 27, 2016 (81 FR 4673)), which 
establishes policy guidance for Federal agencies. Circular A-119, based 
on the National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 3701 et seq.) (Transfer Act), section 12(d), directs Federal 
agencies to use technical standards developed or adopted by VCS bodies 
to carry out policies or activities. Additionally, Circular A-119 
directs agencies to use VCS in lieu of government-unique standards, 
except where inconsistent with law or otherwise impractical. The intent 
of the policy guidance in Circular A-119 is to minimize agency reliance 
on government-unique standards to decrease the burden of complying with 
agency regulations and promote efficiency and economic competition 
through harmonization of standards. (See https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf). Consistent with Circular 
A-119, the use of VCS would streamline the MSHA approval process and 
make it more effective and efficient for applicants by decreasing the 
reliance on government-unique standards.
    While this proposal lists 14 VCS for MSHA to incorporate by 
reference, the Agency is interested in whether the proposal should be 
expanded to include other VCS. Please provide rationale, with 
definitive data and explanation of how this would improve safety, for 
your position.
    The VCS are summarized in the discussion related to Sec.  18.102.

                 Table 1--Voluntary Consensus Standards
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ANSI/UL 60079-0 Ed. 7, Explosive Atmospheres--Part 0: Equipment--General
 Requirements (Group I) (2019). This standard provides the general
 requirements for the construction, testing, and marking of electrical
 equipment intended for use in explosive atmospheres.
ANSI/UL 60079-1 Ed. 7, Standard for Explosive Atmospheres--Part 1:
 Equipment Protection by Flameproof Enclosures ``d'' (Group I, Level of
 Protection `da') (2015). This standard contains specific requirements
 for the construction and testing of electrical equipment, with the Type
 of Protection flameproof (FP) enclosure designated ``d'' intended for
 use in explosive gas atmospheres.
ANSI/ISA 60079-11 \1\ (12.02.01)--2014 Standard for Explosive
 Atmospheres--Part 11: Equipment Protection by Intrinsic Safety ``i''
 (Group I, Level of Protection `ia') (2014). This standard specifies the
 construction and testing of intrinsically safe apparatus intended for
 use in an explosive atmosphere and for associated apparatus, which is
 intended for connection to intrinsically safe circuits that may enter
 such atmospheres. This type of protection is applicable to electrical
 equipment in which the electrical circuits themselves are incapable of
 causing an explosion in the surrounding explosive atmospheres.

[[Page 73659]]

 
ANSI/UL 60079-11 \1\ Ed. 6, Standard for Explosive Atmospheres--Part 11:
 Equipment Protection by Intrinsic Safety ``i'' (Group I, Level of
 Protection `ia') (2013). This standard specifies the construction and
 testing of intrinsically safe apparatus intended for use in an
 explosive atmosphere and for associated apparatus, which is intended
 for connection to intrinsically safe circuits that may enter such
 atmospheres. This type of protection is applicable to electrical
 equipment in which the electrical circuits themselves are incapable of
 causing an explosion in the surrounding explosive atmospheres.
ANSI/UL 60079-18, Ed. 4, Standard for Explosive Atmospheres--Part 18:
 Equipment Protection by Encapsulation `m' (Group I, Level of Protection
 `ma') (2015). This standard provides the specific requirements for the
 construction, testing, and marking of electrical equipment, parts of
 electrical equipment, and components not intended to be used alone,
 with the Type of Protection encapsulation ``m'' intended for use in
 explosive gas atmospheres or explosive dust atmospheres.
ANSI/ISA 60079-25 \1\ (12.02.05)-2011 Standard for Explosive
 Atmospheres--Part 25: Intrinsically Safe Electrical Systems (Group I,
 Level of Protection `ia') (2011). This standard contains the specific
 requirements for construction and assessment of intrinsically safe
 electrical systems, intended for use, as a whole or in part, in
 hazardous locations. A system approved under this standard is comprised
 of equipment or components approved to the 60079-11 standard,
 interconnected to form a system.
ANSI/UL 60079-25 \1\ Ed. 2, Standard for Explosive Atmospheres--Part 25:
 Intrinsically Safe Electrical Systems (Group I, Level of Protection
 `ia') (2011). This standard contains the specific requirements for
 construction and assessment of intrinsically safe electrical systems,
 intended for use, as a whole or in part, in hazardous locations. A
 system approved under this standard is comprised of equipment or
 components approved to the 60079-11 standard, interconnected to form a
 system.
ANSI/UL 60079-28 Ed. 2, Standard for Explosive Atmospheres--Part 28:
 Protection of Equipment and Transmission Systems Using Optical
 Radiation (Group I, Equipment Protection Level `Ma') (2017). This
 standard contains the requirements and testing of equipment emitting
 optical radiation intended for use in explosive atmospheres. It also
 covers equipment located outside the explosive atmosphere but which
 generates optical radiation that is intended to enter an explosive
 atmosphere.
IEC 60079-0, Ed. 7, Explosive atmospheres--Part 0: Equipment--General
 requirements (Group I) (2017). This standard provides the general
 requirements for the construction, testing, and marking of electrical
 equipment intended for use in explosive atmospheres.
IEC 60079-1 Ed. 7, Standard for Explosive Atmospheres--Part 1: Equipment
 Protection by Flameproof Enclosures ``d'' (Group I, Level of Protection
 `da') (2014). This standard contains specific requirements for the
 construction and testing of electrical equipment, with the Type of
 Protection flameproof (FP) enclosure designated ``d'' intended for use
 in explosive gas atmospheres.
IEC 60079-11, Ed. 6, Explosive Atmospheres--Part 11: Equipment
 Protection by Intrinsic Safety ``i'' (Group I, Level of Protection
 `ia') (2011). This standard specifies the construction and testing of
 intrinsically safe apparatus intended for use in an explosive
 atmosphere and for associated apparatus, which is intended for
 connection to intrinsically safe circuits that may enter such
 atmospheres. This type of protection is applicable to electrical
 equipment in which the electrical circuits themselves are incapable of
 causing an explosion in the surrounding explosive atmospheres.
IEC 60079-18, Ed. 4.1, Explosive Atmospheres--Part 18: Equipment
 Protection by Encapsulation `m' (Group I, Level of Protection `ma')
 (2017). This standard provides the specific requirements for the
 construction, testing, and marking of electrical equipment, parts of
 electrical equipment, and components not intended to be used alone,
 with the Type of Protection encapsulation ``m'' intended for use in
 explosive gas atmospheres or explosive dust atmospheres.
IEC 60079-25 Ed. 3, Explosive Atmospheres--Part 25: Intrinsically Safe
 Electrical Systems (Group I, Level of Protection `ia') (2020). This
 standard contains the specific requirements for construction and
 assessment of intrinsically safe electrical systems, intended for use,
 as a whole or in part, in hazardous locations. A system approved under
 this standard is comprised of equipment or components approved to the
 60079-11 standard, interconnected to form a system.
IEC 60079-28 Ed. 2, Standard for Explosive Atmospheres--Part 28:
 Protection of Equipment and Transmission Systems Using Optical
 Radiation (Group I, Equipment Protection Level `Ma') (2015). This
 standard contains the requirements and testing of equipment emitting
 optical radiation intended for use in explosive atmospheres. It also
 covers equipment located outside the explosive atmosphere but which
 generates optical radiation that is intended to enter an explosive
 atmosphere.
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\1\ For VCS that begin with ANSI/UL and ANSI/ISA and follow with a
  common number, the versions are identical (co-sponsored and co-
  published by UL LLC (UL) and the International Society of Automation
  (ISA)).

B. Availability of Voluntary Consensus Standards To Be Incorporated by 
Reference

    The 14 VCS to be incorporated by reference are publicly available 
and below is the availability information. A copy of each standard 
proposed to be incorporated by reference is available for inspection at 
MSHA, Office of Standards, Regulations, and Variances, 201 12th Street 
South, Suite 4E401, Arlington, Virginia 22202-5452 and at MSHA, 
Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059.
    Copies of standards produced by IEC may be obtained from the 
International Electrotechnical Commission (IEC), 3 rue de 
Varemb[eacute], 1st Floor, P.O. Box 131, CH-1211 Geneva 20, 
Switzerland, Tel: +41 22 919 0211, and are available for purchase at 
the IEC website (www.iec.ch).
    Copies of standards produced by the ISA, may be obtained from the 
International Society of Automation (ISA), 67 T.W. Alexander Drive, 
P.O. Box 12277, Research Triangle Park, NC 27709, Tel: (919) 549-8411, 
and are also available for purchase at the ISA website (www.isa.org).
    Copies of standards produced by UL, may be obtained from UL LLC 
(UL), Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106, Tel: (888) 
853-3503, and are also available for purchase at the UL website 
(www.ul.com).
    Copies of each of the 14 VCS may also be obtained from ANSI at the 
American National Standards Institute (ANSI), 1899 L Street NW, 11th 
Floor, Washington, DC 20036, Tel: (202) 293-8020, and online at ANSI's 
website (www.ansi.org).
    Additionally, during the public comment period of this proposed 
rule, a free, read-only copy of each of the VCS is available for public 
inspection on ANSI's Standards Connect portal, which is accessible to 
anyone who registers at https://www.surveymonkey.com/r/DQVJYMK.

C. Implementation Dates for Voluntary Consensus Standards

    MSHA proposes the following dates for the implementation of the 
voluntary consensus standard requirements under part 18, also 
referenced in Table 2 below.
    For the period that starts on [effective date of the final rule] 
and ends on [12 months after the effective date of the final rule]:
     New applications for approval may meet either subparts B 
through E requirements, or the requirements of the VCS listed in this 
part;
     Applications for approval in process may meet either 
subparts B through E requirements, or the

[[Page 73660]]

requirements of the VCS listed in this part; \3\ and
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    \3\ Applicants whose applications for approval use subparts B 
through E requirements and are under MSHA review at the time the 
final rule becomes effective may resubmit their applications using 
the VCS if they so choose.
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     Applications for formal extensions of approval or 
certification may meet the requirements under which the last approval, 
certification, or formal extension was issued by MSHA, or the 
requirements of the VCS listed in this part.
    Starting on [date 12 months after the effective date of the final 
rule]:
     New applications for approval must meet the requirements 
of the VCS listed in this part unless no VCS listed in this part apply; 
and
     Applications for formal extensions of approval or 
certification may meet the requirements under which the last approval, 
certification, or formal extension was issued by MSHA, or meet the 
requirements of the VCS listed in this part.

                                      Table 2--Implementation Dates for VCS
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          Implementation date                Types of applications               Requirements to be used
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For a 12-month period starting on       New applications for approval.  Either part 18, subparts B through E, or
 [effective date of final rule].                                         voluntary consensus standards.
                                        Applications for approval in    Either part 18, subparts B through E, or
                                         process.                        voluntary consensus standards.
                                        Applications for changes to     Requirements under which the last
                                         existing approved equipment.    approval, certification, or formal
                                                                         extension was issued by MSHA, or
                                                                         voluntary consensus standards.
Starting on [date 12 months after the   New applications for approval.  Voluntary consensus standards, and part
 effective date of the final rule].                                      18, subparts B through E, if no listed
                                                                         voluntary consensus standard applies.
                                        Applications for changes to     Requirements under which the last
                                         existing approved equipment.    approval, certification, or formal
                                                                         extension was issued by MSHA, or
                                                                         voluntary consensus standards.
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D. Conforming Changes

    The proposed rule also makes technical changes to 30 CFR part 74 
(part 74) regarding the approval requirements for Coal Mine Dust 
Sampling Devices to conform to the proposed changes in part 18.

IV. Section-by-Section Analysis

A. Section 18.2--Definitions

    The proposed rule would revise the definition for ``permissible 
equipment.'' The proposed rule also would add definitions for 
``voluntary consensus standard'' and ``voluntary consensus standards 
body.''
    The definition for ``permissible equipment'' would be revised to 
remove the reference to the Mining Enforcement and Safety 
Administration (MESA). MESA and all its responsibilities were 
transferred to MSHA in 1978 under the Mine Act. The reference to MESA 
is no longer necessary (43 FR 12314, March 24, 1978).
    The proposed rule would add two new terms and definitions to Sec.  
18.2. One is ``voluntary consensus standard'' that references a safety 
standard developed or adopted by a standard-setting organization. 
Another is ``voluntary consensus standards body'' that means a domestic 
or international standard-setting organization that plans, develops, 
establishes, or coordinates VCS using agreed-upon procedures that are 
consistent with the Transfer Act and Circular A-119.
    Under Circular A-119, a voluntary consensus standards body is 
recognized if it develops VCS in accordance with the following 
attributes: Openness, balance of interest, due process, an appeals 
process, and consensus. This standards body also must adopt, publish, 
and make available to the public the VCS it adopts. Lastly, the 
voluntary consensus standards body must maintain each voluntary 
consensus standard through a schedule of review. As a Federal agency, 
MSHA relies upon OMB guidance in determining whether to incorporate by 
reference a voluntary consensus standard.

B. Section 18.6--Applications

    Currently, Sec.  18.6(e) requires that each drawing an applicant 
submits as part of the approval application under part 18 include a 
warning stating that changes in design must be authorized by MSHA 
before they are applied to approved equipment. This assures that all 
approval holders understand the importance of the approval for 
equipment safety and the impact any changes, made by any parties, have 
on the approval. MSHA proposes to remove this requirement because MSHA 
specifies in the approval letter sent to applicants that approval 
holders cannot make changes to designs without MSHA approval. The 
Agency has determined that the drawing-warning requirement is 
unnecessary because MSHA ensures throughout the approval process that 
approval holders are aware of their responsibility to notify MSHA of 
changes to approved equipment.

C. Section 18.15--Changes After Approval or Certification

    Currently, Sec.  18.15 requires approval holders to submit an 
application to extend an approval if they want to change any feature of 
approved equipment or a certified component. Under Sec.  18.15(c), MSHA 
proposes to add new paragraphs (c)(1) and (2).
    Proposed paragraph (c)(1) would allow the application for a change 
after approval or certification to be made based on the requirements in 
subparts B through E or the VCS, whichever of these requirements 
applied to the last approval, certification, or formal extension issued 
by MSHA. Proposed paragraph (c)(2) would allow an application for a 
change after approval or certification to be made using the VCS listed 
in proposed Sec.  18.102 that apply to those components if the 
applicant chooses to use the VCS requirements even though the last 
approval, certification, or formal extension issued by MSHA was based 
on subparts B through E requirements. If no VCS requirements listed in 
this part apply to a component, then subparts B through E requirements 
would apply.
    Thus, under these proposed changes, approval holders would have the 
option to make changes based on either the last approval, 
certification, or formal

[[Page 73661]]

extension issued by MSHA, or the VCS listed in this part, so that they 
could make a decision that suits them best. MSHA solicits comments on 
this aspect of the proposal.

D. Section 18.101--Acceptance and Use of Voluntary Consensus Standards

    MSHA proposes to add a new subpart F, Voluntary Consensus 
Standards, consisting of proposed Sec. Sec.  18.101 through 18.103.
    Proposed Sec.  18.101 is a new section that allows applicants to 
seek approval under part 18 for designs of electrical machines, 
accessories, or components that conform to the requirements in the VCS 
listed in proposed Sec.  18.102. The VCS listed in proposed Sec.  
18.102 would apply to many of the components of the completely 
assembled equipment.
    Under this proposal, applications for approval would require 
specifications to meet the VCS listed in this part, or existing 
subparts B through E requirements, or both, depending on the types of 
components in the fully assembled machines and accessories. Powered 
air-purifying respirators are examples of fully assembled machines that 
may be approved using only VCS requirements. However, certain 
completely assembled equipment such as longwall mining systems, 
continuous mining machines, shuttle cars, and roof-bolters, would not 
be covered entirely by any VCS of which MSHA is aware. For example, a 
continuous mining machine is made up of several components such as 
motors, lights, explosion proof enclosures, and other types of 
electrical components that are parts of the completely assembled 
machine. For this type of machine, some components will be subject to 
VCS requirements and other components will be subject to the subparts B 
through E requirements for MSHA approval.
    Under proposed Sec.  18.101(a), MSHA would replace the requirements 
specified in subparts B through E for components, accessories, and 
completely assembled electrical machines with applicable VCS that are 
suitable for gassy mining environments and that provide protection 
against fire or explosion dangers.
    In proposed paragraph (b), MSHA is providing a transition period 
for the optional use of VCS for an applicant who submits an application 
within the first 12 months after the final rule becomes effective. In 
proposed paragraphs (b)(1) and (2), the applicant may choose to use 
either the subparts B through E requirements for any components or the 
VCS listed in proposed Sec.  18.102 for components to which the listed 
VCS apply.
    In proposed paragraph (c), once the 12-month transition period 
ends, MSHA would require the use of VCS in new applications for 
approval. Proposed paragraph (c)(1) would require applicants to use the 
VCS listed in proposed Sec.  18.102 for components to which the listed 
VCS apply. In proposed paragraph (c)(2), MSHA would allow applicants to 
use subparts B through E requirements for a component to which no VCS 
listed in proposed Sec.  18.102 would apply.
    MSHA believes that a 12-month transition period will provide 
manufacturers, approval holders, and applicants enough time to make 
design and build changes necessary to meet the required specifications 
of the VCS for new applications.
    MSHA requires marking requirements to indicate that a product is 
approved for use in gassy mines under Sec.  18.11, subpart A. MSHA 
recognizes that the proposed VCS include non-technical requirements, 
such as marking requirements. Some of the markings required under Sec.  
18.11 may overlap with some of the markings required by the VCS; 
however, required VCS markings are not necessary for an approval. MSHA 
will provide the applicant with the required markings upon approval of 
an application. Therefore, the MSHA marking requirements in Sec.  
18.11, subpart A, would still apply to approved products. The MSHA 
marking on an approved product would continue to signify to the end 
users that the product is safe for use in gassy mines.
    MSHA believes that the use of VCS under proposed Sec.  18.101 will 
promote the use of innovative and advanced technologies that lead to 
improvements in mine safety and health. MSHA expects that the use of 
VCS would provide applicants and manufacturers with additional product 
design options for products and equipment with potential use in the 
mining industry without sacrificing the safety assurances associated 
with approvals. The use of VCS may also provide applicants and 
manufacturers access to other markets for products and equipment they 
currently only sell to the U.S. mining industry. Given the small U.S. 
market for products that the mining industry uses, designing products 
to meet MSHA-specific approval criteria can be costly, and in some 
cases may be financially prohibitive, for manufacturers who produce 
products for broader commercial use. The proposed changes would allow 
the introduction of products that conform to the VCS requirements and 
that further mine safety, but that MSHA could not otherwise approve 
because the Agency does not currently recognize VCS requirements.
    Further, MSHA has determined the VCS that the Agency proposes to 
incorporate by reference are developed in accordance with the following 
attributes: Openness, balance of interest, due process, an appeals 
process, and consensus. The use of VCS would make technologically 
advanced equipment available for use in U.S. mines in a quicker and 
more cost-effective manner, which could improve miner safety and 
health.

E. Section 18.102--Approved Voluntary Consensus Standards

    Proposed Sec.  18.102 is a new section. Proposed paragraph (a) 
establishes that MSHA has determined that the list in proposed 
paragraph (b) is suitable for gassy mining environments and will 
provide the protection against fire or explosion dangers if used in 
their entirety to replace MSHA approval requirements specified in 
subparts B through E.
    The design of the electrically operated equipment must comply with 
the Types of Protection and Levels of Protection in the relevant VCS, 
as specified in proposed paragraph (b).
    In proposed paragraph (b), MSHA would incorporate by reference the 
VCS listed in this section.
    Proposed paragraphs (b)(1) through (3) include the VCS and specify 
the category of equipment (Group) and Level of Protection applicable to 
approvals.
    These standards are from three sources. For the IEC standards 
listed in proposed paragraph (b)(1), the source is the International 
Electrotechnical Commission. For American National Standards listed in 
proposed paragraphs (b)(2) and (3), the two sources are the 
International Society for Automation (ISA) and UL LLC (UL). The IEC 
approves and publishes consensus-based International Standards and 
manages conformity assessment systems for electric and electronic 
products, systems and services, collectively known as 
electrotechnology. ANSI approves the American National Standards and 
supports the U.S. voluntary standards and conformity assessment system. 
In the case of the standards that begin with ANSI/ISA or ANSI/UL and 
follow with a common number, the ISA and UL versions are identical (co-
sponsored and co-published). For example, ANSI/ISA 60079-11 and ANSI/UL 
60079-11 refer to the same voluntary consensus standard with the 
specified Types of

[[Page 73662]]

Protection and Levels of Protection indicated.
    Either ANSI or the IEC has approved all of the standards listed in 
proposed Sec.  18.102. In the discussion below, ``60079-0,'' ``60079-
1,'' ``60079-11,'' ``60079-18,'' ``60079-25,'' and ``60079-28'' refer 
to all three numbered versions of the VCS established by IEC, ISA, and 
UL.
    Typically, the voluntary consensus standard-setting bodies base the 
ANSI standards on similarly-numbered International IEC standards. The 
ANSI standards are modifications of the IEC standards and include U.S. 
deviations and encompass both additional and deleted information. 
Experts prepare and maintain IEC standards using a rigorous and well-
defined process. Similarly, the U.S. deviations are developed by 
nationally-recognized and vetted experts and are approved as American 
National Standards only if the appropriate procedures are followed.
    The listed ANSI standards are interdependent with each other and 
with the NEC. Also, the listed IEC standards are interdependent with 
each other. For intrinsically safe devices, for example, 60079-0 
provides the general requirements, and 60079-11 supplements and 
modifies the general requirements of 60079-0 (with documented 
exceptions). Similarly, for intrinsically safe systems, the 60079-25 
standard supplements and modifies the general requirements of 60079-0 
and the intrinsic safety standard 60079-11. For encapsulated electrical 
equipment, the 60079-18 standard also supplements and modifies the 
general requirements of 60079-0. For equipment and transmission systems 
using optical radiation, the 60079-28 standard also supplements and 
modifies the general requirements of 60079-0.
    The 60079-0 standard provides the general requirements for the 
construction, testing, and marking of electrical equipment intended for 
use in explosive atmospheres.
    The 60079-1 standard contains specific requirements for the 
construction and testing of electrical equipment, with the Type of 
Protection flameproof (FP) enclosure designated ``d'' intended for use 
in explosive gas atmospheres.
    Similarly, 60079-11 specifies the construction and testing of 
intrinsically safe apparatus intended for use in an explosive 
atmosphere and for associated apparatus, which is intended for 
connection to intrinsically safe circuits that may enter such 
atmospheres.
    Also, 60079-18 provides the specific requirements for the 
construction, testing, and marking of electrical equipment, parts of 
electrical equipment, and components not intended to be used alone, 
with the Type of Protection encapsulation ``m'' intended for use in 
explosive gas atmospheres or explosive dust atmospheres.
    The 60079-25 standard contains the specific requirements for 
construction and assessment of intrinsically safe electrical systems, 
intended for use, as a whole or in part, in hazardous locations. A 
system approved under this standard is comprised of equipment or 
components approved to the 60079-11 standard, interconnected to form a 
system.
    Finally, 60079-28 contains the requirements of equipment emitting 
optical radiation intended for use in explosive atmospheres. It also 
covers equipment located outside the explosive atmosphere but which 
generates optical radiation that is intended to enter an explosive 
atmosphere.
    The listed standards apply to equipment for use in all explosive 
atmospheres and locations that are likely to include those hazardous 
atmospheres. For the risk of ignition associated with gas 
concentrations, electrical equipment is divided into two broad 
categories: Group I and Group II.
    Group I electrical equipment is intended for use in mines 
susceptible to firedamp, a flammable gas found in coal mines. Group II 
electrical equipment is intended for use in places with an explosive 
gas atmosphere, other than mines susceptible to firedamp. Both the ANSI 
and IEC standards note that firedamp consists mainly of methane, but 
also contains small quantities of other gases, such as nitrogen, carbon 
dioxide, and hydrogen, and sometimes ethane and carbon monoxide. The 
terms ``firedamp'' and ``methane'' are used frequently in mining 
practice as synonyms. In further discussions below, only the term 
``methane'' will be used for simplicity.
    The protections in these standards for Group I electrical equipment 
account for the ignition of both methane and coal dust, along with 
enhanced physical protection for equipment used underground. Thus, in 
this proposed rulemaking, MSHA proposes to use the requirements 
associated for Group I equipment in the listed standards.
    As explained above, Group II electrical equipment is intended for 
use in places with an explosive gas atmosphere other than mines 
susceptible to methane. Also, Group II electrical equipment is 
subdivided according to the nature of the explosive gas atmosphere for 
which it is intended. Group II subdivisions are as follows: IIA, a 
typical gas is propane; IIB, a typical gas is ethylene; and IIC, a 
typical gas is hydrogen. Because gassy mines where coal dust is 
commonly present may vary from the environments in which Group II 
electrical equipment is intended to operate, this proposed rule does 
not allow the use of Group II requirements in the listed standards.
    The standards further define various ``Types of Protection,'' such 
as intrinsic safety. These ``Types of Protection'' are subdivided into 
``Levels of Protection'' that differentiate the likelihood of the 
equipment becoming a source of ignition. For example, Type of 
Protection ``intrinsic safety i'' is defined by National Fire 
Protection Association (NFPA) 70, National Electrical Code (NEC), as 
Type of Protection where any spark or thermal effect is incapable of 
causing ignition of a mixture of flammable or combustible material in 
air under prescribed test conditions. In U.S. industries other than 
mining, and in mines internationally, the required Level of Protection 
is defined by the exposure to the hazard. These hazardous locations are 
divided into Zones, based on the level of exposure to the hazard. There 
are three such Zones defined in the NFPA 70, NEC, which is based on 
international standards. For explosive gases, for example, a Zone 0 
location has ignitable concentrations of flammable gases or vapors 
either continuously present or present for long periods of time. A Zone 
0 location, by definition, requires the highest protection levels 
against fire or explosion for equipment when used in Zone 0 
atmospheres. The likelihood of exposure to flammable gases or vapors is 
lower in Zone 1 locations, and is further reduced in Zone 2 locations. 
Therefore, Zones 1 and 2 locations have reduced Levels of Protection 
requirements for equipment used in these locations compared to the 
Level of Protection for equipment used in Zone 0 locations. The NFPA 
70, NEC subdivides Type of Protection ``intrinsic safety i'' into 
Levels of Protection ``ia,'' ``ib,'' and ``ic'' and designates that 
Level of Protection ``ia'' is appropriate for Zone 0, ``ib'' is 
appropriate for Zone 1, and ``ic'' is appropriate for Zone 2. Thus, 
Level of Protection ``ia'' is the highest Level of Protection.
    To simplify the selection of electrical equipment for a given 
purpose, the standards also incorporate ``Equipment Protection 
Levels,'' or EPLs. These EPLs are assigned to equipment based on its 
likelihood of becoming a source of ignition and distinguishing the 
differences between explosive atmosphere types. For example, EPL G is 
intended for explosive gas

[[Page 73663]]

atmospheres, EPL D is intended for explosive dust atmospheres, and EPL 
M is intended for explosive atmospheres in mines susceptible to 
methane. The EPLs are further subdivided into protection levels Ga, Da, 
and Ma for very high protection suitable for a two-fault scenario; Gb, 
Db, and Mb for high protection suitable for a single fault scenario; 
and Gc and Dc for enhanced protection to minimize ignition risk. Thus, 
EPLs Ga, Da, and Ma are the highest protection levels for explosive gas 
atmospheres, dust atmospheres, and mine atmospheres susceptible to 
methane, respectively.
    In 2018, researchers at the National Institute for Occupational 
Safety and Health (NIOSH) presented a paper to the Institute of 
Electrical and Electronics Engineers'(IEEE) Industry Applications 
Society titled ``Intrinsically Safe Systems: Equivalency of 
International Standards Compared to U.S. Mining Approval Criteria.'' 
\4\ The researchers concluded that the relative Level of Protection 
afforded miners by the application of the ANSI/ISA 60079 two-fault 
intrinsically safe (IS) standard is a safe alternative to MSHA's 
requirements when such electrical equipment is installed in mines. They 
also concluded that the use of such equipment would provide at least an 
equivalent level of safety as that provided by equipment approved under 
MSHA criteria. MSHA is proposing to allow the use of the latest 
versions of the ANSI and IEC intrinsic safety standards.
---------------------------------------------------------------------------

    \4\ William Calder, David P. Snyder, John F. Burr, Intrinsically 
Safe Systems: Equivalency of International Standards Compared to 
U.S. Mining Approval Criteria, DOI 10.1109/TIA.2018.2804322, IEEE 
Transactions on Industry Applications.
---------------------------------------------------------------------------

    The ``two-fault IS standard'' to which the NIOSH researchers refer 
above is the 60079-11 standard, Level of Protection ``ia.'' This means 
that the researchers concluded, for intrinsically safe equipment and 
associated apparatuses, Level of Protection ``ia'' in the 60079-0, 
60079-11, and 60079-25 standards provide miners with protection against 
fire and explosion dangers. The researchers subsequently concluded that 
the use of such equipment would provide at least an equivalent level of 
safety as that provided by equipment approved to MSHA criteria.\5\ MSHA 
agrees with this conclusion. Thus, because the NIOSH researchers have 
determined that Level of Protection ``ia'' provides miners with 
protection against fire and explosion, MSHA is proposing to require 
that manufacturers seeking approval using the incorporated VCS conform 
to the ``ia'' Level of Protection where designated in this proposal.
---------------------------------------------------------------------------

    \5\ Ibid.
---------------------------------------------------------------------------

    Further, as discussed above, NFPA 70, NEC notes that intrinsic 
safety is the designated Type of Protection ``ia'' (intrinsic safety) 
for use in Zone 0 locations. The only other types of protection that 
NFPA 70, NEC allows for use in Zone 0 is Type of Protection ``da'' 
(flameproof enclosures) as defined in 60079-1 and Type of Protection 
``ma'' (encapsulation) as defined in the 60079-18 standard. MSHA 
believes that ``ia,'' ``da,'' and ``ma'' will provide the necessary 
Level of Protection for miners because the NEC allows ``ia,'' ``da,'' 
and ``ma'' for use in Zone 0. MSHA has allowed encapsulated assemblies 
to be approved under part 18, since 2009, as noted in MSHA's 
Encapsulation Criteria, ACRI2010.\6\ ACRI2010 was based, in part, on 
the requirements of 60079-18 in place at the time it was created. MSHA 
has received no reports that encapsulated assemblies tested and 
evaluated to ACRI2010 have failed to provide the intended protection.
---------------------------------------------------------------------------

    \6\ https://arlweb.msha.gov/techsupp/acc/application/acri2010.pdf.
---------------------------------------------------------------------------

    MSHA is proposing to include the 60079-1 standard for FP 
enclosures, but only Level of Protection ``da'' which is suitable for 
use in Zone 0 locations. Level of Protection ``da'' is applicable only 
to catalytic sensors of portable combustible gas detectors. Levels of 
Protection ``db'' and ``dc'' are not being included because they do not 
provide miners with suitable protection against fire and explosion in 
gassy mines.
    MSHA proposes to include the 60079-18 standard (Level of Protection 
``ma'') based on the following: (1) MSHA's experience with ACRI2010 and 
(2) the fact that the hazardous locations community allows the use of 
``ma'' equipment in Zone 0, coupled with the determination by NIOSH 
researchers that the only other Level of Protection allowed in Zone 0 
(``ia'') provides miners protection against fire and explosion. 
Similarly, the 60079-28 standard (Equipment Protection Level Ma) is 
included based on the same factors.
    In conclusion, the proposed rule would allow for the use of the 
latest versions of the ANSI and IEC standards for intrinsic safety 
(``ia''), flameproof catalytic sensors (``da''), and encapsulation 
(``ma'') as they apply to Group I (Zone 0) (mining) equipment.
    MSHA is interested in whether the proposal should be expanded to 
include other VCS. Please provide the rationale, with definitive data 
and explanation, for your position.
    In summary, MSHA proposes to incorporate by reference the IEC 
standards in proposed paragraph (b)(1) and the ANSI standards in 
proposed paragraphs (b)(2) and (3), which are appropriate for use in 
Zone 0 locations. MSHA has determined that the VCS in proposed Sec.  
18.102 would provide protection against fire or explosion if used in 
their entirety to replace MSHA approval requirements specified in 
subparts B through E. However, the marking requirements in subpart A of 
this part would not be superseded by the requirements specified in the 
proposed VCS. The marking requirement in the existing rule would be 
included in the approval marking requirements as specified in Sec.  
18.11, subpart A.

F. Section 18.103--Review and Update of Applicable Voluntary Consensus 
Standards

    Proposed Sec.  18.103 is a new section about updating the existing 
list of VCS. To ensure timely updating of the list in Sec.  18.102, 
MSHA would review more recent editions of the listed VCS and determine 
whether to accept them. Also, MSHA may review other VCS that are not 
listed in Sec.  18.102 and determine whether they are suitable for 
gassy mining environments and provide protection against fire and 
explosion dangers. After such thorough reviews, MSHA would use the 
appropriate rulemaking process to publish an updated list of VCS that 
the Agency would accept to replace approval requirements in subparts B 
through E in part 18. MSHA also may remove a standard from the list in 
Sec.  18.102 if it is withdrawn by a voluntary consensus standards body 
or for other reasons.
    MSHA is aware that manufacturers of approved products currently 
used in mines may wish to design and manufacture products to more 
recent versions of MSHA-accepted VCS to keep products up-to-date for 
improvements and marketability.
    Under proposed Sec.  18.103, MSHA would consider updates and 
alternatives to existing standards that promote the efficiency and 
effectiveness of the MSHA approval process, which could lead to the use 
of innovative and advanced technologies in U.S. mines and to 
improvements in mine safety and health.
Conforming Amendments
    This proposal would require conforming amendments to Coal Mine Dust 
Sampling Devices in existing part 74 based on the proposed changes in 
part 18.

[[Page 73664]]

Part 74--Coal Mine Dust Sampling Devices
    MSHA proposes to change cross-references in Sec. Sec.  74.5(b) and 
74.11(d) for evaluation and testing for permissibility of Coal Mine 
Dust Sampling Devices from Sec.  18.68 to part 18. This change in part 
74 would conform to the proposed changes in part 18 and would allow the 
use of MSHA-designated VCS for the approval of coal mine dust sampling 
devices.

V. Regulatory Economic Analysis

A. Executive Orders 12866: Regulatory Planning and Review, and 13563: 
Improving Regulation and Regulatory Review

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility.
    Currently, MSHA or an independent laboratory conducts the testing 
and evaluation of electrical products for which applicants seek MSHA 
approval for use in gassy mines. For new approval applications, this 
proposal would allow applicants to use either existing MSHA 
requirements or VCS for the first 12 months after the final rule 
becomes effective. After 12 months, MSHA will require new applicants to 
(1) use VCS requirements that apply to the components of the electrical 
machine or accessory and (2) use existing MSHA requirements for the 
components of the electrical machine or accessory to which no listed 
VCS apply. Under current regulations, costs to approve equipment are 
defined as transfers and not E.O. 12866 costs. In this case, costs 
represent MSHA's costs recovered from approval applicants via a fee.
    Under the proposed rule, it is unlikely that the number of approval 
requests will change much. Based on discussions with past applicants, 
MSHA understands that many products submitted to MSHA for approval have 
been accepted using VCS for mining outside the U.S. or for other 
industries (e.g., oil and gas extraction) that have similar safety 
standards. Applicants submitting these types of products for MSHA 
approval would likely experience substantially lower approval costs. 
Because their products already meet VCS listed in this proposed rule 
and would no longer need to meet MSHA-specific requirements, no 
additional technical drawings, documentation, and testing would be 
necessary beyond that submitted elsewhere for VCS approval.
    Some current approval holders may incur costs because of the 
requirement to use VCS after the 12-month transition period.\7\ For 
those requesting new approvals, the costs would be mostly attributable 
to the approval holder having to create new design and build 
specifications using VCS requirements instead of using already existing 
design and build specifications based on part 18, subparts B through E, 
requirements. By contrast, current approval holders that are requesting 
only a minor modification of an approval should not incur costs, 
because they would be allowed to choose to use the requirements (either 
part 18, subparts B through E, or VCS) under which the last approval, 
certification, or formal extension was issued by MSHA. Based on 
discussions between MSHA and applicants during past approvals, MSHA 
concludes that a small number of current approval holders may decide 
not to stay in the mining market.
---------------------------------------------------------------------------

    \7\ Applicants may choose to use VCS for new approvals for the 
first 12 months after the effective date of the final rule. After 12 
months, new applications for approval must use VCS, if applicable.
---------------------------------------------------------------------------

    This proposed rule will provide benefits to both manufacturers of 
electrical products and the consumers of those products--mine operators 
and miners. Currently, some products that use modern technologies that 
could improve the safety and health of miners are not being introduced 
into the U.S. mining market. One reason may be that technical 
requirements set by MSHA differ from those that apply in other 
countries. These MSHA-specific technical requirements may slow, or even 
prevent, these new technologies from being implemented in U.S. 
underground mines. Use of VCS to replace MSHA-specific requirements 
would likely reduce the overall design and approval costs for many 
manufacturers; as a result, manufacturers introducing new technologies 
may experience fewer barriers for product market entry into the mining 
industry.
    This proposed rule would not affect currently approved equipment, 
as it would allow manufacturers and mine operators to continue to sell 
or purchase all currently approved equipment. If at a future date, a 
current approval holder wishes to alter approved equipment, the 
application could comply with the requirements on which the approval 
was based or with the VCS requirements listed in this part.
    Therefore, MSHA does not anticipate that manufacturers will have 
difficulties in meeting these requirements. MSHA's acceptance of VCS 
would provide more choices of mining products to mine operators and 
miners, as these VCS are used by the broader market. MSHA does not 
anticipate problems in manufacturing or purchasing products that meet 
VCS, as such products are already in use in markets outside of U.S. 
mining.
    In summary, under this proposal, approval holders would not be 
required to alter equipment or incur any new costs for existing 
approvals. New applicants may choose the standards most beneficial to 
them during the 12-month transition period. For those applicants whose 
products already meet VCS requirements, they would likely experience 
either no new costs, or cost reductions. Overall, net costs are more 
likely to go down than up.
    The Agency is interested in whether the proposal to include VCS may 
result in cost differences for applicants due to the proposal to 
eliminate subparts B through E requirements for new approvals. Please 
provide the rationale, with definitive data and explanation, for your 
position.
    Under E.O. 12866, a significant regulatory action is one meeting 
any of a number of specified conditions, including the following:
     Having an annual effect on the economy of $100 million or 
more;
     Creating a serious inconsistency or interfering with an 
action of another agency;
     Materially altering the budgetary impact of entitlements 
or the rights of entitlement recipients; or
     Raising novel legal or policy issues.
    MSHA has determined that this is a not a significant regulatory 
action under E.O. 12866.

B. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs, 
and E.O. 13924: Regulatory Relief To Support Economic Recovery

    This proposed rule is not expected to be an E.O. 13771 regulatory 
action, because this proposed rule is not significant under E.O. 12866. 
As discussed above, the proposed use of VCS would have minimal total 
costs, but it would have the benefit of streamlining product approval 
and providing greater flexibility to potential market entrants and 
therefore MSHA believes it will be deregulatory.

[[Page 73665]]

    MSHA also believes the proposal meets policy goals of E.O. 13924: 
It reflects the efforts of businesses to comply with often-complex 
approval regulations, and it provides businesses with the confidence 
that requesting approvals covered by this proposal will allow them to 
meet a single set of standards as they plan product development for 
global markets.

VI. Feasibility

    Economic feasibility is related to an entire industry rather than 
individual firms. In the E.O. 12866 and E.O. 13563 section above, MSHA 
discussed that global manufacturers of products for mining already 
successfully use the VCS for mining outside the U.S. The proposal would 
provide MSHA and most manufacturers increased flexibility for approval 
of existing or new equipment for use in gassy mines. Although some 
businesses might choose not to seek new approvals, MSHA could not 
identify any product that would likely leave the U.S. market without 
the availability of an alternative. MSHA has concluded that the 
requirements of the proposed rule would be both technologically and 
economically feasible.

VII. Regulatory Flexibility Act; Small Business Regulatory Enforcement 
Fairness Act; and E.O. 13272

    MSHA has analyzed the overall compliance cost impact of the 
proposed rule on small entities. No current approval holder would be 
required to make a product change due to this proposal. A small entity 
would make application for an extension or new approval only if the 
financial benefit outweighs new costs. For new product approvals, the 
existing MSHA approval requirement costs would be replaced by 
compliance costs of the VCS. Because MSHA cannot know what products 
would be submitted for approval, it is not possible to quantify how 
much different the costs would be. Based on the discussions between 
MSHA and applicants described previously, MSHA believes the MSHA 
standards to be more burdensome, and the Agency projects cost 
reductions for some small entities. For E.O. 13272 considerations of 
the applicable statutes, there are no new mandated direct costs of this 
proposed rule. MSHA proposes to certify that the rule would not have a 
significant economic impact on a substantial number of small entities. 
Therefore, the Agency is not required to develop an initial regulatory 
flexibility analysis.

VIII. Paperwork Reduction Act of 1995

    The Paperwork Reduction Act (PRA) provides for the Federal 
Government's collection, use, and dissemination of information. The 
goals of the PRA include minimizing paperwork and reporting burdens and 
ensuring the maximum possible utility from the information that is 
collected (44 U.S.C. 3501). There are no new information collections 
associated with this proposed rule.

IX. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

    MSHA has reviewed the proposed rule under the Unfunded Mandates 
Reform Act of 1995 (2 U.S.C. 1501 et seq.). MSHA has determined that 
this proposed rule does not include any Federal mandate that may result 
in increased expenditures by State, local, or tribal governments. Since 
the proposed rule does not have any costs, the rule is not a major rule 
under the Unfunded Mandates Reform Act of 1995. Accordingly, the 
Unfunded Mandates Reform Act of 1995 requires no further Agency action 
or analysis.

B. E.O. 13132: Federalism

    The proposed rule does not have ``federalism implications'' because 
it would not ``have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Accordingly, under E.O. 13132, no further Agency action 
or analysis is required.

C. E.O. 12630: Government Actions and Interference With 
Constitutionally Protected Property Rights

    The proposed rule does not implement a policy with takings 
implications. Accordingly, under E.O. 12630, no further Agency action 
or analysis is required.

D. E.O. 12988: Civil Justice Reform

    The proposed rule was written to provide a clear legal standard for 
affected conduct and was carefully reviewed to eliminate drafting 
errors and ambiguities, to minimize litigation and undue burden on the 
Federal court system. Accordingly, the rule meets the applicable 
standards provided in section 3 of E.O. 12988, Civil Justice Reform.

E. E.O. 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule does not have ``tribal implications'' because it 
would not ``have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.'' Accordingly, under E.O. 
13175, no further Agency action or analysis is required.

F. E.O. 13211: Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use

    E.O. 13211 requires agencies to publish a statement of energy 
effects when a rule has a significant energy action that adversely 
affects energy supply, distribution, or use. MSHA has reviewed this 
proposed rule for its energy effects. There are no costs associated 
with this proposed rule. For the energy analysis, this rule would not 
exceed the relevant criteria for adverse impact.

G. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
this proposed rule is not a ``major rule,'' as defined by 5 U.S.C. 
804(2).

List of Subjects

30 CFR Part 18

    Incorporation by reference, Mine safety and health, Reporting and 
recordkeeping requirements.

30 CFR Part 74

    Mine safety and health, Occupational 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, as amended by the Mine 
Improvement and New Emergency Response Act of 2006, MSHA proposes to 
amend chapter I of title 30 of the Code of Federal Regulations as 
follows:

PART 18--ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES

0
1. The authority citation for part 18 continues to read as follows:

    Authority: 30 U.S.C. 957, 961.

0
2. Amend Sec.  18.2 by:
0
a. Revising the definition for ``Permissible equipment''; and
0
b. Adding in alphabetical order the definitions for ``Voluntary 
consensus

[[Page 73666]]

standard'' and ``Voluntary consensus standards body.''
    The revision and additions read as follows:


Sec.  18.2  Definitions.

* * * * *
    Permissible equipment means a completely assembled electrical 
machine or accessory for which an approval has been issued.
* * * * *
    Voluntary consensus standard means a safety standard that:
    (1) Is developed or adopted by a voluntary consensus standards 
body; and
    (2) Prescribes safety requirements applicable to equipment for 
which applicants are seeking approval, certification, extension, or 
acceptance under this part.
    Voluntary consensus standards body means a domestic or 
international organization that plans, develops, establishes, or 
coordinates voluntary consensus standards using agreed-upon procedures 
that are consistent with the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 3710) and the Office of Management 
and Budget's Circular A-119 (Jan. 27, 2016).


Sec.  18.6  [Amended]

0
3. Amend Sec.  18.6 by removing the third sentence in paragraph (e).
0
4. Amend Sec.  18.15 by revising paragraph (c) to read as follows:


Sec.  18.15  Changes after approval or certification.

* * * * *
    (c) An application for a formal extension of approval or 
certification must have a list of new or revised drawings, 
specifications, and information related to the changes to be added to 
those already on file for the original approval or certification. MSHA 
will issue a formal extension of approval or certification to a 
completely assembled electrical machine or accessory, if each component 
of such electrical machine or accessory:
    (1) Meets the requirements applied to the last approval, 
certification, or extension thereof; or
    (2) Meets voluntary consensus standard requirements listed in this 
part that apply to those components if the applicant chooses to use the 
requirements of the voluntary consensus standards.
* * * * *
0
5. Add subpart F, consisting of Sec. Sec.  18.101 through 18.103, to 
read as follows:

Subpart F--Voluntary Consensus Standards

Sec.
18.101 Acceptance and use of voluntary consensus standards.
18.102 Approved voluntary consensus standards.
18.103 Review and update of applicable voluntary consensus 
standards.


Sec.  18.101  Acceptance and use of voluntary consensus standards.

    (a) MSHA will accept voluntary consensus standards that are 
suitable for gassy mining environments and that provide protection 
against fire or explosion, if used in their entirety and without 
modification to replace the requirements in subparts B through E of 
this part.
    (b) For applications submitted on or after [effective date of final 
rule] until [date 12 months after the effective date of final rule], an 
approval will be issued in accordance with subpart A of this part for a 
completely assembled electrical machine or accessory, if each component 
of such electrical machine or accessory:
    (1) Meets the requirements in subparts B through E of this part; or
    (2) Meets voluntary consensus standard requirements listed in this 
part that apply to those components.
    (c) For applications submitted on or after [date 12 months after 
the effective date of the final rule], an approval will be issued in 
accordance with subpart A of this part for a completely assembled 
electrical machine or accessory, if the components of such machine or 
accessory:
    (1) Meet the requirements of the voluntary consensus standards 
listed in this part that apply to those components; and
    (2) Meet the requirements of subparts B through E of this part that 
apply to components if no voluntary consensus standard listed in this 
part applies.


Sec.  18.102  Approved voluntary consensus standards.

    (a) MSHA has determined that the provisions associated with the 
Group and Levels of Protection provisions of the voluntary consensus 
standards listed in paragraph (b) of this section are suitable for 
gassy mining environments and will provide the protection for against 
fire or explosion if used in their entirety and without modification to 
replace the requirements in subparts B through E of this part.
    (b) Certain material is incorporated by reference into this section 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at U.S. Department of Labor, Mine Safety and Health 
Administration, 765 Technology Drive, Triadelphia, WV 26059, Tel: (304) 
547-0400, and is available from the sources indicated in this paragraph 
(b). It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, email [email protected] or go to 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) International Electrotechnical Commission (IEC), 3 rue de 
Varemb[eacute], 1st Floor, P.O. Box 131, CH-1211 Geneva 20, 
Switzerland, Tel: +41 22 919 0211 (https://www.iec.ch/).
    (i) IEC 60079-0, Ed. 7, Explosive atmospheres--Part 0: Equipment--
General requirements (Group I), dated December 13, 2017;
    (ii) IEC 60079-1 Ed. 7, Standard for Explosive Atmospheres--Part 1: 
Equipment Protection by Flameproof Enclosures ``d'' (Group I, Level of 
Protection `da'), dated June 27, 2014;
    (iii) IEC 60079-11, Ed. 6, Explosive Atmospheres--Part 11: 
Equipment Protection by Intrinsic Safety ``i'' (Group I, Level of 
Protection `ia'), dated June 30, 2011;
    (iv) IEC 60079-18, Ed. 4.1, Explosive Atmospheres--Part 18: 
Equipment Protection by Encapsulation ``m'' (Group I, Level of 
Protection `ma'), dated August 25, 2017;
    (v) IEC 60079-25 Ed. 3, Explosive Atmospheres--Part 25: 
Intrinsically Safe Electrical Systems (Group I, Level of Protection 
`ia'), dated June 26, 2020; and
    (vi) IEC 60079-28 Ed. 2, Standard for Explosive Atmospheres--Part 
28: Protection of Equipment and Transmission Systems Using Optical 
Radiation (Group I, Equipment Protection Level `Ma'), dated May 27, 
2015.
    (2) International Society of Automation (ISA), 67 T.W. Alexander 
Drive, P.O. Box 12277, Research Triangle Park, NC 27709, Tel: (919) 
549-8411 (https://www.isa.org).
    (i) ANSI/ISA 60079-11 (12.02.01)--2014 Standard for Explosive 
Atmospheres--Part 11: Equipment Protection by Intrinsic Safety ``i'' 
(Group I, Level of Protection `ia'), dated March 28, 2014; and
    (ii) ANSI/ISA 60079-25 (12.02.05)--2011 Standard for Explosive 
Atmospheres--Part 25: Intrinsically Safe Electrical Systems (Group I, 
Level of Protection `ia'), dated December 2, 2011.
    (3) UL LLC, Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106, 
Tel: (888) 853-3503 (https://www.ul.com).
    (i) ANSI/UL 60079-0 Ed. 7, Explosive Atmospheres--Part 0: 
Equipment--

[[Page 73667]]

General Requirements (Group I), dated March 26, 2019;
    (ii) ANSI/UL 60079-1 Ed. 7, Standard for Explosive Atmospheres--
Part 1: Equipment Protection by Flameproof Enclosures ``d'' (Group I, 
Level of Protection `da'), dated September 18, 2015;
    (iii) ANSI/UL 60079-11 Ed. 6, Standard for Explosive Atmospheres--
Part 11: Equipment Protection by Intrinsic Safety ``i'' (Group I, Level 
of Protection `ia'), dated February 15, 2013;
    (iv) ANSI/UL 60079-18, Ed. 4, Standard for Explosive Atmospheres--
Part 18: Equipment Protection by Encapsulation ``m'' (Group I, Level of 
Protection `ma'), dated December 14, 2015;
    (v) ANSI/UL 60079-25 Ed. 2, Standard for Explosive Atmospheres--
Part 25: Intrinsically Safe Electrical Systems (Group I, Level of 
Protection `ia'), dated December 2, 2011; and
    (vi) ANSI/UL 60079-28 Ed. 2, Standard for Explosive Atmospheres--
Part 28: Protection of Equipment and Transmission Systems Using Optical 
Radiation (Group I, Equipment Protection Level `Ma'), dated September 
15, 2017.
    (4) The voluntary consensus standards listed in this paragraph (b) 
may also be obtained from the American National Standards Institute, 
1899 L Street NW, 11th Floor, Washington, DC 20036, Tel: (202) 293-8020 
(https://www.ansi.org).


Sec.  18.103  Review and update of applicable voluntary consensus 
standards.

    (a) MSHA will review more recent editions of voluntary consensus 
standards listed in Sec.  18.102 to determine whether they can be used 
in their entirety and without modification to replace the requirements 
in subparts B through E of this part.
    (b) MSHA may review voluntary consensus standards not listed in 
Sec.  18.102 to determine whether such standards are suitable for gassy 
mining environments and whether they provide protection against fire or 
explosion, if substituted in their entirety and without modification to 
replace the requirements in subparts B through E of this part.
    (c) Following such review and determination, MSHA will use the 
appropriate rulemaking process to publish a list of voluntary consensus 
standards that it accepts in lieu of the requirements in subparts B 
through E of this part.

PART 74--COAL MINE DUST SAMPLING DEVICES

0
6. The authority citation for part 74 continues to read as follows:

    Authority: 30 U.S.C. 957.


Sec. Sec.  74.5 and 74.11  [Amended]

0
7. In Sec. Sec.  74.5(b) and 74.11(d), remove ``30 CFR 18.68'' and add 
in its place the term ``30 CFR part 18.''

David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2020-22589 Filed 11-18-20; 8:45 am]
BILLING CODE 4520-43-P