Small Business Regulatory Review and Reform Initiative
Regulatory Review and Reform (r3) Top 10 Rules, 2008
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| Update MSHA Rules on the Use of
Explosives in Mines to Reflect Modern Industry Standards |
| Agency |
Mine Safety and Health Administration (MSHA), U.S. Department of Labor |
| Submitter |
Institute of Makers of Explosives and the International Society of
Explosives Engineers |
| Nominated |
February 28, 2008 |
| Description |
MSHA regulations, 30 CFR,
Parts 56, 57, and 77, govern the use of explosives in various types of
mines, including surface metal and nonmetal mines, underground metal and
nonmetal mines, and surface coal mines. The overriding purpose is to
promote safety. Key provisions include storage, transportation, use,
detonation, maintenance, and other issues. The Part 77 regulations have
been in place since 1971, while the Parts 56 and 57 regulations were
last updated in 1996. According to the submitter, the rules are outdated
and need to be reformed to comport to current industry standards. |
| Small entities affected |
According to the submitter, some 29,000 mines operate in the United
States, 95 percent of which are small businesses. Nearly every mine is
affected by the rule. |
| Regulatory burden |
The burdens are both
technical and safety-related. According to the submitter, current MSHA
rules do not address some fundamental aspects of explosive safety, such
as electronic detonation. The submitter notes that a small business
could receive a citation for operating in conformity with current
industry best practices, which are not consistent with MSHA’s outdated
rules. |
| Proposed burden reduction |
The submitter would like MSHA to update its regulations consistent with
current industry standards as well as with OSHA’s more up-to-date
regulations on explosives.
|
| Small entity benefits |
The submitter believes the change would reduce compliance costs and
improve safety by providing greater clarity and consistency. |
| Status |
The group that nominated this issue testified before the House Small Business Subcommittee on Regulations, Healthcare and Trade on July 30, 2008. On a November 6, 2008, MSHA committed in a letter to Chairman Gonzalez of the House Subcommittee on Regulations, Healthcare and Trade that MSHA would review the rule. Subsequently, MSHA listed this rule in the Fall 2008 Unified Agenda and Regulatory Plan and indicated that the rule would be reviewed under Section 610 of the Regulatory Flexibility Act. |
| Advocacy contact |
Bruce Lundegren, advocacy@sba.gov |
