[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26441-26442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13275]



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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: Final rule; corrections.

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SUMMARY: This document corrects errors in the final rule for safety 
standards for underground coal mine ventilation which appeared in the 
Federal Register on March 11, 1996 (61 FR 9764).

EFFECTIVE DATE: June 10, 1996.

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

SUPPLEMENTARY INFORMATION:

Background

    On March 11, 1996, MSHA published a final rule to revise its safety 
standards for underground coal mine ventilation. This document corrects 
several errors that appeared in the preamble discussion and in the 
final rule.
    In the preamble discussion to Sec. 75.313 Main mine fan stoppage 
with persons underground, on page 9774, the second column, 25 lines 
from the bottom, the phrase ``in nonventilated areas'' inadvertently 
appears. This correction notice deletes the phrase from the preamble.
    The final rule language of Sec. 75.322, Harmful quantities of 
noxious gases, is incorrect. No changes were proposed to Sec. 75.322 
and the current version of Sec. 75.322 that appears in the 1995 
compilation of the Code of Federal Regulations is correct. Therefore, 
Sec. 75.322 is corrected to be the version that appears in the 1995 
compilation of the Code of Federal Regulations.
    The final rule language of Sec. 75.325 Air quantity, inadvertently 
omits the last sentence of existing Sec. 75.325(b). No changes were 
proposed to Sec. 75.325(b) and the current version of Sec. 75.325(b) 
that appears in the 1995 compilation of the Code of Federal Regulations 
is correct. Therefore, Sec. 75.325(b) is corrected to be the version 
that appears in the 1995 compilation of the Code of Federal 
Regulations.
    Paragraph (h) of Sec. 75.333(h) Ventilation controls, deals with 
the maintenance of ventilation controls. In the preamble and the rule, 
the word ``permanent'' inadvertently appears. This correction notice 
deletes the word ``permanent'' from Sec. 75.333(h) and from the 
preamble of the rule in the last sentence of the second column of page 
9782. The preamble discussion in columns 1 and 2 of page 9784 makes it 
clear that Sec. 75.333(h) is to apply to temporary controls as well as 
permanent controls, and that the word ``permanent'' therefore appeared 
in error. As correctly stated on page 9784, ``Given the importance of 
temporary control devices in providing for adequate ventilation, the 
final rule requires all ventilation controls, both permanent and 
temporary, including all doors and seals, to be maintained to serve the 
purpose for which they were built.''
    The preamble for paragraph (g)(2) of Sec. 75.362 On-shift 
examination, is inconsistent with the language appearing in the final 
rule. This correction notice clarifies the intent of the Agency that a 
certified person must certify that the examination has been completed. 
At page 9799 of the preamble discussion, the preamble correctly states 
that: ``The final rule deletes the word `certified,' permitting on-
shift examinations of dust controls to be conducted by one or more 
persons who are not certified individuals. However, the examination 
must still be conducted under the direction of a person designated by 
the operator and as set out in paragraph (g)(2), a certified person 
must certify that the examination has been completed * * *.'' The last 
sentence at page 9801 in the preamble discussion of the rule is 
inconsistent with this explanation and this correction document 
corrects the sentence. Also, the word ``certified'' is added to the 
rule.
    In the last sentence of the final rule language of paragraph (a)(2) 
of Sec. 75.362 On-shift examination, on page 9839, the second column, 
the word additional

[[Page 26442]]

inadvertently appears. This correction notice deletes the word from the 
rule.
    The second sentence of the final rule language of paragraph (a) of 
Sec. 75.363 Hazardous conditions; posting, correcting and recording, 
inadvertently contains a phrase which limits the application of the 
rule. The phrase would exclude the application of posting and 
correcting requirements of Sec. 75.363 when a hazardous condition is 
found during a preshift examination or during a preshift type 
examination conducted following a fan stoppage and restart under 
Sec. 75.313(d)(1)(i). As proposed, MSHA's intent is that the 
Sec. 75.363 requirements for posting or immediately correcting 
hazardous conditions do apply to the preshift examination and to 
preshift-type examinations conducted following a fan stoppage and 
restart under Sec. 75.313(d)(1)(i). It is only the recording 
requirements of Sec. 75.363 that do not extend to the Sec. 75.360 and 
Sec. 75.364 examinations since these examinations contain their own 
recording requirements. This correction notice deletes the phrase that 
inadvertently appears in the rule. Also, this correction notice makes a 
conforming change to the preamble of the rule. On page 9802 of the 
preamble to the final rule, the second sentence of the second paragraph 
in the first column is corrected by this notice.
    In the preamble to Sec. 75.380 Escapeways; bituminous and lignite 
mines, on page 9813, the second column, 14 lines from the top, the date 
``September 15, 1992'' is incorrect. The correct date is ``November 16, 
1992,'' which was the effective date of the 1992 final ventilation 
rule. This correction notice deletes the incorrect date and replaces it 
with the correct date. In addition, a portion of the preamble 
discussion for Sec. 75.380 is inadvertently repeated almost verbatim 
and is deleted by this correction notice. Specifically, the repetition 
of the preamble discussion of Sec. 75.380 begins with the third full 
paragraph of the middle column on page 9816 (the paragraph begins, 
Like the proposal, the final rule * * *'') and continues through the 
end of the preamble discussion for Sec. 75.380.

Correction of Publication

    The preamble and final rule for safety standards for underground 
coal mine ventilation that appeared in the Federal Register on March 
11, 1996 (61 FR 9764) are corrected as follows:
    1. In the preamble, on page 9774, in the second column, 25 lines 
from the bottom, the phrase ``in nonventilated areas'' is removed.
    2. In the preamble, on page 9782, in the second column, last 
paragraph, the last sentence is correctly revised to read as ``New 
paragraph (h) requires all ventilation controls, including seals, to be 
maintained to serve the purpose for which they were built''.
    3. In the preamble, on page 9801, in the last column, last 
paragraph, the last sentence is correctly revised to read as ``Under 
(g)(2), the certified person directing the on-shift examination to 
assure compliance with the respirable dust control parameters specified 
in the mine ventilation plan must certify by initials, date, and time 
that the examination was made.''
    4. In the preamble, on page 9802, in the first column, the second 
sentence of the second paragraph is correctly revised to read as, ``It 
specifies that hazardous conditions shall be corrected immediately or 
posted until the conditions are corrected.''
    5. In the preamble, on page 9813, in the second column, 14 lines 
from the top, remove ``September 15, 1992'', and add ``November 16, 
1992''.
    6. In the preamble, beginning on page 9816, in the second column, 
the third full paragraph, through page 9820, to the end of the first 
column is removed.
    7. In the rule, on page 9832, in the first column, Sec. 75.322 is 
correctly revised to read as:


Sec. 75.322  Harmful quantities of noxious gases.

    Concentrations of noxious or poisonous gases, other than carbon 
dioxide, shall not exceed the threshold limit values (TLV) as specified 
and applied by the American Conference of Governmental Industrial 
Hygienists in ``Threshold Limit Values for Substance in Workroom Air'' 
(1972). Detectors or laboratory analysis of mine air samples shall be 
used to determine the concentrations of harmful, noxious, or poisonous 
gases. This incorporation by reference has been approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies are available from the Mine Safety and Health 
Administration, Department of Labor, 4015 Wilson Boulevard, Arlington, 
VA 22203 and at every Coal Mine Health and Safety District and 
Subdistrict Office. The material is available for examination at the 
Office of the Federal Register, 800 N. Capitol Street, NW., 7th Floor, 
suite 700, Washington, DC.


Sec. 75.325  [Corrected]

    8. In the rule, on page 9833, in the second column, Sec. 75.325(b), 
a sentence is added following the last sentence of the first paragraph 
to read as follows:
* * * * *
    (b) * * * This minimum also applies to sections which are not 
operating but are capable of producing coal by simply energizing the 
equipment on the section.
* * * * *


Sec. 75.333  [Corrected]

    9. In the rule, on page 9835, in the first column, Sec. 75.333, 
paragraph (h), is correctly revised to read as follows:
* * * * *
    (h) All ventilation controls, including seals, shall be maintained 
to serve the purpose for which they were built.


Sec. 75.362  [Corrected]

    10. In the rule, on page 9839, in the second column, the last 
sentence, Sec. 75.362, paragraph (a)(2), is correctly revised to read 
as follows:
    (a) * * *
    (2) * * * Measurements of the air velocity and quantity, water 
pressure and flow rates are not required if continuous monitoring of 
these controls is used and indicates that the dust controls are 
functioning properly.
* * * * *
    11. In the rule, on page 9839, in the third column, Sec. 75.362, 
paragraph (g)(2), is correctly revised to read as follows:
* * * * *
    (g) * * *
    (2) The certified person directing the on-shift examination to 
assure compliance with the respirable dust control parameters specified 
in the mine ventilation plan shall certify by initials, date, and time 
that the examination was made.
* * * * *


Sec. 75.363  [Corrected]

    12. In the rule on page 9839, in the third column, the second 
sentence of Sec. 75.363, paragraph (a), is correctly revised to read as 
follows:
    (a) * * * A hazardous condition shall be corrected immediately or 
the area shall remain posted until the hazardous condition is 
corrected. * * *
* * * * *
    Dated: May 17, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-13275 Filed 5-22-96; 3:08 pm]
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