[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9393]


[[Page Unknown]]

[Federal Register: April 19, 1994]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AA11

 

Safety Standards for Underground Coal Mine Ventilation

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Extension of administrative stay and extension of 
effectiveness.

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SUMMARY: MSHA is extending the stay of the effective date of two safety 
standards for ventilation of underground coal mines to allow completion 
of a rulemaking involving these and other ventilation standards. MSHA 
is also extending the effectiveness of three standards to allow the 
completion of this rulemaking.

EFFECTIVE DATE: April 19, 1994.
    Sections 75.313 and 75.344(a)(1) in 30 CFR part 75 are stayed until 
completion of a rulemaking involving these and other ventilation 
standards. Sections 75.314, 75.315 and 75.345 in 30 CFR part 75 will 
continue in effect until completion of the rulemaking.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations and Variances, MSHA, phone (703) 235-1910.

SUPPLEMENTARY INFORMATION: On May 15, 1992, MSHA published a final rule 
revising its safety standards for ventilation of underground coal mines 
(57 FR 20868). These standards were to take effect on August 16, 1992. 
On August 6, 1992, MSHA delayed the effective date of the rule until 
November 16, 1992, to allow mine operators time to effectively plan and 
implement necessary changes (57 FR 34683). On November 13, 1992, as a 
result of discussions with the mining community, MSHA administratively 
stayed the effective date of Secs. 75.313 and 75.344(a)(1) until July 
1, 1993 (57 FR 53856). Section 75.313 was stayed to allow MSHA to 
further evaluate the effect of fan stoppages in certain mines. Section 
75.344(a)(1) was stayed to evaluate whether requiring portable 
compressors to be located in a noncombustible structure or area could 
create a fire hazard due to overheating. MSHA also recodified the 
provisions these standards were to replace as Secs. 75.314, 75.315 and 
75.345. On June 7, 1993, MSHA extended the stay until July 1, 1994 (58 
FR 31908). Consistent with the stay extension, the recodified 
provisions continue in effect until July 1, 1994 (58 FR 33996).
    As a result of meetings with the mining public and further review 
of the ventilation rule, the Agency is initiating a rulemaking to 
address the issues which prompted the stay. On December 30, 1993, MSHA 
published a notice (58 FR 69312) proposing to extend the stay until 
completion of a rulemaking involving these and other ventilation 
standards. The Agency received comments from interested parties 
concurring with the proposed extension. By this notice the Agency is 
extending the stay of Secs. 75.313 and 75.344(a)(1) until completion of 
the ventilation rulemaking.
    This notice does not affect the indefinite suspension of 
Sec. 75.321(a) (57 FR 55457). That action was in response to an order 
of the United States Court of Appeals which stayed Sec. 75.321(a) 
indefinitely, pending court review. American Mining Congress v. 
Secretary of Labor, No. 92-1288, and consolidated cases (D.C. Cir., 
filed July 8, 1992) (Order of November 16, 1992).


    Authority: This document is issued under 30 U.S.C. 811.

    Dated: April 14, 1994.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 94-9393 Filed 4-18-94; 8:45 am]
BILLING CODE 4510-43-P