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

<RULE> DEPARTMENT OF LABOR <SUBAGY>Mine Safety and Health Administration</SUBAGY> <CFR>30 CFR Parts 18 and 74</CFR> <DEPDOC>[Docket No. MSHA-2020-0018]</DEPDOC> <RIN>RIN 1219-AB93</RIN> <SUBJECT>Testing, Evaluation, and Approval of Electric Motor-Driven Mine Equipment and Accessories</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Mine Safety and Health Administration (MSHA), Department of Labor. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Mine Safety and Health Administration (MSHA) is revising its regulations that set out the testing, evaluation, and approval requirements for electric motor-driven mine equipment and accessories intended for use in gassy mines. Under this final rule, MSHA incorporates by reference eight ANSI-approved voluntary consensus standards that are suitable for gassy mining environments to protect against fire or explosion hazards, and accepts them as alternatives to the existing testing, evaluation, and approval requirements for electric motor-driven mine equipment and accessories. This final rule offers more flexibility in the testing, evaluation, and approval requirements that product designers and manufacturers must meet in seeking MSHA approvals. This final rule will promote the use of innovative and advanced technologies that lead to improvements in mine safety and health. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Effective date:</E> January 9, 2025. <E T="03">Incorporation by reference date:</E> The incorporation by reference of the publications listed in the rule is approved by the Director of the Federal Register as of January 9, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> <E T="03">Docket:</E> Access rulemaking documents electronically at <E T="03">www.msha.gov/regsinfo.htm</E> or <E T="03">www.regulations.gov</E> [Docket No. MSHA-2020-0018]. Obtain a copy of a rulemaking document from the Office of Standards, Regulations, and Variances, MSHA, 201 12th Street South, Arlington, Virginia 22202-5452, by request to (202) 693-9440 (voice) or (202) 693-9441 (facsimile). These are not toll-free numbers. <E T="03">Email Notification:</E> To subscribe to receive email notification when the Agency publishes rulemaking documents in the <E T="04">Federal Register</E> , go to <E T="03">www.msha.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> S. Aromie Noe, Director, Office of Standards, Regulations, and Variances, MSHA, at <E T="03">Noe.Song-Ae.A@dol.gov</E> (email), (202) 693-9440 (voice); or (202) 693-9441 (facsimile). These are not toll-free numbers. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <EXTRACT> <FP SOURCE="FP-2">I. Executive Summary</FP> <FP SOURCE="FP1-2">A. Purpose of the Final Rule</FP> <FP SOURCE="FP1-2">B. Summary of Major Provisions</FP> <FP SOURCE="FP1-2">1. Accept and Use Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">2. Incorporate by Reference Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">3. Review and Update the Voluntary Consensus Standards</FP> <FP SOURCE="FP-2">II. Legal Authority for Regulatory Action</FP> <FP SOURCE="FP-2">III. Rulemaking History</FP> <FP SOURCE="FP-2">IV. Background</FP> <FP SOURCE="FP1-2">A. Product Approval Authority</FP> <FP SOURCE="FP1-2">B. Product Approval Process</FP> <FP SOURCE="FP1-2">C. Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">1. Voluntary Consensus Standards in the Proposed Rule</FP> <FP SOURCE="FP-2">V. Comments Received on the Proposed Rule</FP> <FP SOURCE="FP-2">VI. Section-by-Section Analysis</FP> <FP SOURCE="FP1-2">A. Section 18.2—Definitions</FP> <FP SOURCE="FP1-2">B. Section 18.6—Applications</FP> <FP SOURCE="FP1-2">C. Section 18.15—Changes After Approval or Certification</FP> <FP SOURCE="FP1-2">D. Subpart F—Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">1. Section 18.101—Acceptance and Use of Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">2. Section 18.102—Approved (Incorporated by Reference) Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">3. Section 18.103—Review and Update of Applicable Voluntary Consensus Standards</FP> <FP SOURCE="FP1-2">E. Conforming Amendments</FP> <FP SOURCE="FP-2">VII. Regulatory Impact Analysis</FP> <FP SOURCE="FP1-2">A. Executive Orders 12866: Regulatory Planning and Review, as Amended by E.O. 14094: Modernizing Regulatory Review, and 13563: Improving Regulation and Regulatory Review</FP> <FP SOURCE="FP-2">VIII. Feasibility</FP> <FP SOURCE="FP-2">IX. Regulatory Flexibility Act; Small Business Regulatory Enforcement Fairness Act; and Executive Order 13272</FP> <FP SOURCE="FP-2">X. Paperwork Reduction Act of 1995</FP> <FP SOURCE="FP-2">XI. Other Regulatory Considerations</FP> <FP SOURCE="FP1-2">A. National Environmental Policy Act</FP> <FP SOURCE="FP1-2">B. The Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">C. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families</FP> <FP SOURCE="FP1-2">D. Executive Order 13132: Federalism</FP> <FP SOURCE="FP1-2">E. Executive Order 12630: Government Actions and Interference With Constitutionally Protected Property Rights</FP> <FP SOURCE="FP1-2">F. Executive Order 12988: Civil Justice Reform</FP> <FP SOURCE="FP1-2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</FP> <FP SOURCE="FP1-2">H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</FP> <FP SOURCE="FP1-2">I. Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government</FP> <FP SOURCE="FP1-2">J. Congressional Review Act</FP> <FP SOURCE="FP1-2">K. Pay-As-You-Go Act of 2023</FP> <FP SOURCE="FP1-2">L. Incorporation by Reference</FP> <FP SOURCE="FP-2">XII. References</FP> </EXTRACT> <HD SOURCE="HD1">I. Executive Summary</HD> This final rule revises MSHA's regulations under title 30, Code of Federal Regulations (CFR) part 18 (Part 18), concerning testing, evaluation, and approval specifications and requirements for electric motor-driven mine equipment and accessories intended for use in hazardous atmospheres encountered in gassy mines. While this final rule does not change MSHA's approval process, it offers more flexibility in the testing, evaluation, and approval requirements that product designers and manufacturers must meet in seeking MSHA approvals. Under the final rule, manufacturers that design and build electric motor-driven equipment and accessories conforming to voluntary consensus standards (VCS) may obtain MSHA approval without having to redesign or modify the equipment to meet MSHA-unique requirements. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>  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. </FTNT> This final rule incorporates by reference eight VCS approved by the American National Standards Institute (ANSI) and allows applicants seeking MSHA approvals to follow either Part 18 requirements that are unique to MSHA or the ANSI-approved VCS. While adding flexibility for product designers and manufacturers, this final rule maintains the safety measures associated with the Agency's testing, evaluation, and approval requirements for equipment used in gassy mines. <HD SOURCE="HD2">A. Purpose of the Final Rule</HD> This final rule will promote the use of innovative and advanced technologies for electrical equipment used in gassy mines, leading to improvements in mine safety and health. Until now, the introduction of innovative and advanced electrical equipment in U.S. mines may have been limited by the need to meet MSHA-unique requirements for approval. The final rule will allow manufacturers that design and build electric motor-driven equipment and accessories (hereafter referred to as electrical equipment) conforming to the VCS listed in Part 18 to obtain MSHA approval without having to redesign or modify the equipment to meet MSHA-unique requirements. The use of VCS will make the approval process more efficient for applicants seeking MSHA approval for their products. As a result, MSHA's acceptance and use of VCS will make technologically advanced equipment available for use in U.S. mines more quickly and cost-effectively than is possible under existing MSHA-unique requirements, without sacrificing the safety measures associated with MSHA approvals. Additionally, the Office of Management and Budget (OMB) Circular A-119, entitled “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” (Jan. 27, 2016 (81 FR 4673)) directs agencies to use VCS in lieu of government-unique standards except where doing so would be inconsistent with law or otherwise impractical. In response to Circular A-119 and stakeholder comments, MSHA is incorporating the use of VCS in this final rule. The VCS included in the final rule are suitable for gassy mining environments and provide protection against fire or explosion hazards. <HD SOURCE="HD2">B. Summary of Major Provisions</HD> The final rule has three major provisions: accepting and using VCS; incorporating by reference eight ANSI-approved VCS while also allowing the use of existing Part 18 requirements for MSHA approvals; and reviewing more recent versions of the approved VCS as well as other VCS for use in Part 18. 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