New Mexico Register / Volume XXIX,
Issue 5 / March 13, 2018
NOTICE
OF RULEMAKING
Public Notice: The New Mexico Mining Safety Board will
conduct a public hearing in Albuquerque at the Workers’ Compensation Building, 2410 Center Ave., Albuquerque, New Mexico,
87106, on May 8, 2018 from 1:00 p.m. to 3:00 p.m. (MDT). The purpose of the hearing is to receive
public comment on proposed amendments to 19.6.4 NMAC - Certification of Coal
Mine Officials (“Part 4”).
Purpose: The State
Mine Inspector (SMI) has proposed amending the current rules concerning the
certification and recertification of coal mine officials. The purpose of the proposed action is to
clarify several procedural requirements, incorporate more consistent
terminology, and to codify certain procedures used by the SMI in the course of
certifying and recertifying coal mine officials. As part of this process, the SMI solicited
input from the coal mining community.
The response was positive toward the proposed changes in 19.6.4 NMAC with
one additional recommendation that would resolve an issue concerning
certification of coal mine foremen working on surface areas of underground
mines. An additional proposal was
drafted to address that issue. The
proposed rule clarifies certification and recertification issues, codifies
practices adopted by the SMI for administration of the rule, provides for
consistent use of terminology, and provides for an agreeable solution to
certification of surface foremen at underground coal mines.
Summary
of full text: Throughout Part 4, the use of foreman and
examiner was used liberally without direct context to coal mine foreman or coal
mine examiner. Although the title of
Part 4 directs application to coal mines, the proposed amendment would prevent
confusion by consistently using these terms throughout the part. This move also made clear that prerequisite
experience for testing would be based on coal mine experience and not non-coal
mining experience.
Subsection C of 19.6.4.9 NMAC was amended to codify
the SMI practice of providing for coal mine official examinations on an
appointment basis. Subsection D of the
same subpart codifies the SMI practice of requiring certain identification and
qualifications of prospective coal mine officials via the application process
and clarifies the coal mine examiner experience expectations for underground
mine foremen by replacing the phrase “serve as” with “regularly performed the
duties of”. Finally, the proposed Subsection
D outlines requirements for an underground coal mine foreman who may be
required to perform foreman duties at surface areas of underground mines. A new classification “general underground
coal mine foreman” is incorporated in the proposed rule.
Subsection E of 19.6.4.9 NMAC expanded the SMI’s
authority to permit a modified experience requirement for persons with
“credentials that attest to advanced competency”. Otherwise, such accommodation is limited to
mining engineering graduates (and by definition, mineral engineering graduates). A table was created that identifies the
qualifications and authorizations associated with each classification of coal
mine official in a simple format.
In Subsection A of 19.6.4.11 NMAC, a process was
outlined for the SMI to use in recertification of coal mine officials who for a
variety of reasons may not have maintained annual training requirements on the
5-year certification. Subsection E
codifies language that allows the SMI to recertify all coal mine officials whose
certification expires during that year to recertify on a single date. This practice has been in place and has
proven advantageous to the SMI, operators, and individual coal mine
officials. Paragraph 5 of Subsection A
was modified to make it clear that discipline for a non-mining issue in another
state (such as a speeding ticket) does not disqualify a candidate for
certification, recertification, or permit action by the SMI to suspend or
revoke certification on such basis.
Authority: Section
69-8-4, NMSA 1978, provides that the Mining Safety Board “shall, after public
hearing, adopt rules for the protection of the life and safety of employees and
to carry out the intent of the Mining Safety Act.” Section 69-14-3, NMSA 1978 authorizes the
Mining Safety Board to “enact requirements, including requirements for
applications, examinations and qualifications, for certification of any mine
personnel required to be qualified by state or federal law.” Finally, Section 69-14-4, NMSA 1978 provides
that, “The mining safety board shall adopt rules for requirements for
recertification.”
Access to the
Proposed Rulemaking: A
complete copy of the proposed rule changes with line-out of extracted text and
underlined inserted text may be read or downloaded from the Bureau of Mine
Safety (BMS) website at bmi.state.nm.us.
A copy may be obtained by contacting Debora McVey at the Bureau of Mine
Safety at 575-835-5460 or Debora.mcvey@nmt.edu.
Public Comment: Interested parties may comment on the
proposed rulemaking at a public hearing to be held at the regular mining safety
board meeting beginning at 1:00 p.m. on May 8, 2018 at the NM Workers’
Compensation building, 2410 Center
Ave., Albuquerque, New Mexico. Written
comments will also be received by the Bureau of Mine Safety until Monday, May
7, 2018 by U.S. Mail or email.
MSB
Rulemaking Comments
New
Mexico Bureau of Mine Safety
New
Mexico Institute of Mining and Technology
801
Leroy Place
Socorro,
NM 87801
Accommodations:
Individuals with disabilities who require the above information in an
alternative format or who need any form of auxiliary aid to attend or
participate in the public hearing are asked to contact Debora McVey or Randy
Logsdon at 575-835-5460 as soon as possible before the public hearing. The Bureau of Mine Safety will make a
reasonable effort to provide necessary accommodations.
Technical
Information: These
proposed amendments did not require technical information.