[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29287-29289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14109]



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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 
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: On March 11, 1996, MSHA published a final 
rule to revise its safety standards for underground coal mine 
ventilation. This document corrects errors that appeared in the final 
rule.
    Sections 75.325, 75.326, and 75.330 each refer to provisions in the 
final rule that limit exposure to methane, respirable dust, or other 
harmful gases. In each case it was not the Agency's intent to modify 
the limits set in these standards. No changes were proposed and the 
current versions that appear in the 1995 compilation of the Code of 
Federal Regulations are correct. Therefore, to address questions raised 
and to clarify the intent of the Agency, the language in these 
standards is being corrected to re-state the language of the existing 
standards.
    Sections 75.301, 75.333(d) (1), (e)(3), and (f), and 
75.335(a)(1)(iv) and (a)(2) are being corrected to include information 
concerning the availability of the incorporated documents, where the 
incorporated documents may be inspected, and the Federal Register 
approval for incorporation by reference of the documents. No changes 
were proposed and the current versions that appear in the 1995 
compilation of the Code of Federal Regulations are correct. The final 
rule language for Sec. 75.333 Ventilation controls, inadvertently

[[Page 29288]]

omits the information concerning the availability of the document 
incorporated by reference in (e)(1)(i). This document adds that 
language.

Correction of Publication

    The final rule for safety standards for underground coal mine 
ventilation that appeared in the Federal Register on March 11, 1996 (61 
FR 9764) is corrected as follows:
    1. On page 9829, in the second column, in Sec. 75.301, in the 
definition of noncombustible structure or area, three sentences are 
added following the last sentence to read as follows:


Sec. 75.301   Definitions.

* * * * *
    Noncombustible Structure or Area. * * * The publication ASTM E119-
88, ``Standard Test Methods for Fire Tests of Building Construction and 
Materials'' is incorporated by reference and may be inspected at any 
Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC. In addition, copies of the document can be 
purchased from the American Society for Testing Materials (ASTM), 1916 
Race Street, Philadelphia, Pennsylvania 19103. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
    2. On page 9829, in the second column, in Sec. 75.301, in the 
definition of noncombustible material, three sentences are added 
following the last sentence to read as follows:
* * * * *
    Noncombustible Material. * * * The publication ASTM E119-88, 
``Standard Test Methods for Fire Tests of Building Construction and 
Materials'' is incorporated by reference and may be inspected at any 
Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC. In addition, copies of the document can be 
purchased from the American Society for Testing Materials (ASTM), 1916 
Race Street, Philadelphia, Pennsylvania 19103. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
    3. On page 9833, in the second column, in Sec. 75.325, the first 
sentence in paragraph (c)(2), is corrected to read as follows:


Sec. 75.325   Air quantity.

* * * * *
    (c) * * *
    (2) The velocity of air that will be provided to control methane 
and respirable dust in accordance with applicable standards on each 
longwall or shortwall and the locations where these velocities will be 
provided shall be specified in the approved ventilation plan. * * *
* * * * *
    4. On page 9833, in the second column, in Sec. 75.326, the second 
sentence is corrected to read as follows:
* * * * *
    * * * A lower mean entry air velocity may be approved in the 
ventilation plan if the lower velocity will maintain methane and 
respirable dust concentrations in accordance with the applicable 
levels. * * *
* * * * *
    5. On page 9833, in the third column, in Sec. 75.330, the second 
sentence of paragraph (b)(2), is corrected to read as follows:


Sec. 75.330  Face ventilation control devices.

* * * * *
    (b) * * *
    (2) * * * Alternative distances specified shall be capable of 
maintaining concentrations of respirable dust, methane, and other 
harmful gases, in accordance with the levels specified in the 
applicable sections of this chapter.
* * * * *
    6. On page 9834, in the third column, in Sec. 75.333, paragraph 
(d)(1) is corrected to read as follows:


Sec. 75.333  Ventilation controls.

* * * * *
    (d) * * *
    (1) Made of noncombustible material or coated on all accessible 
surfaces with flame-retardant materials having a flame-spread index of 
25 or less, as tested under ASTM E162-87, ``Standard Test Method for 
Surface Flammability of Materials Using A Radiant Heat Energy Source.'' 
This publication is incorporated by reference and may be inspected at 
any Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC. In addition, copies of the document can be 
purchased from the American Society for Testing (ASTM), 1916 Race 
Street, Philadelphia, Pennsylvania 19103. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
    7. On page 9834, in the third column, in Sec. 75.333, paragraph 
(e)(1)(i) is corrected to read as follows:
* * * * *
    (e)(1)(i) Except as provided in paragraphs (e)(2), (e)(3) and 
(e)(4) of this section all overcasts, undercasts, shaft partitions, 
permanent stoppings, and regulators, installed after June 10, 1996, 
shall be constructed in a traditionally accepted method and of 
materials that have been demonstrated to perform adequately or in a 
method and of materials that have been tested and shown to have a 
minimum strength equal to or greater than the traditionally accepted 
in-mine controls. Tests may be performed under ASTM E72-80, ``Standard 
Methods of Conducting Strength Tests of Panels for Building 
Construction'' (Section 12--Transverse Load--Specimen Vertical, load, 
only), or the operator may conduct comparative in-mine tests. In-mine 
tests shall be designed to demonstrate the comparative strength of the 
proposed construction and a traditionally accepted in-mine control. The 
publication ASTM E72-80, ``Standard Methods of Conducting Strength 
Tests of Panels for Building Construction'' is incorporated by 
reference and may be inspected at any Coal Mine Health and Safety 
District and Subdistrict Office, or at MSHA's Office of Standards, 4015 
Wilson Boulevard, Arlington, VA, and at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, 
Pennsylvania 19103. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.
* * * * *
    8. On page 9835, in the first column, in Sec. 75.333, paragraph 
(e)(3) is corrected to read as follows:
* * * * *
    (e) * * *
    (3) When timbers are used to create permanent stoppings in heaving 
or caving areas, the stoppings shall be coated on all accessible 
surfaces with a flame-retardant material having a flame-spread index of 
25 or less, as tested under ASTM E162-87, ``Standard Test Method for 
Surface Flammability of Materials Using A Radiant Heat Energy

[[Page 29289]]

Source.'' This publication is incorporated by reference and may be 
inspected at any Coal Mine Health and Safety District and Subdistrict 
Office, or at MSHA's Office of Standards, 4015 Wilson Boulevard, 
Arlington, VA, and at the Office of the Federal Register, 800 North 
Capitol Street, NW., Suite 700, Washington, DC. In addition, copies of 
the document can be purchased from the American Society for Testing 
(ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
    9. On page 9835, in the first column, in Sec. 75.333, paragraph (f) 
is corrected to read as follows:
* * * * *
    (f) When sealants are applied to ventilation controls, the sealant 
shall have a flame-spread index of 25 or less under ASTM E162-87, 
``Standard Test Method for Surface Flammability of Materials Using A 
Radiant Heat Energy Source.'' This publication is incorporated by 
reference and may be inspected at any Coal Mine Health and Safety 
District and Subdistrict Office, or at MSHA's Office of Standards, 4015 
Wilson Boulevard, Arlington, VA, and at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, 
Pennsylvania 19103. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.
* * * * *
    10. In the rule, on page 9835, in the third column, Sec. 75.335, 
paragraph (a)(1)(iv) is corrected to read as follows:


Sec. 75.335  Construction of seals.

    (a)(1) * * *
    (iv) Coated on all accessible surfaces with flame-retardant 
material that will minimize leakage and that has a flame-spread index 
of 25 or less, as tested under ASTM E162-87, ``Standard Test Method for 
Surface Flammability of Materials Using A Radiant Heat Energy Source.'' 
This publication is incorporated by reference and may be inspected at 
any Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and 
at the Office of the 4Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC. In addition, copies of the document can be 
purchased from the American Society for Testing (ASTM), 1916 Race 
Street, Philadelphia, Pennsylvania 19103. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
    11. On page 9835, in the third column, in Sec. 75.335, paragraph 
(a)(2) is corrected to read as follows:
    (a)(1) * * *
    (2) Alternative methods or materials may be used to create a seal 
if they can withstand a static horizontal pressure of 20 pounds per 
square inch provided the method of installation and the material used 
are approved in the ventilation plan. If the alternative methods or 
materials include the use of timbers, the timbers also shall be coated 
on all accessible surfaces with flame-retardant material having a 
flame-spread index of 25 or less, as tested under ASTM E162-87, 
``Standard Test Method for Surface Flammability of Materials Using A 
Radiant Heat Energy Source.'' This publication is incorporated by 
reference and may be inspected at any Coal Mine Health and Safety 
District and Subdistrict Office, or at MSHA's Office of Standards, 4015 
Wilson Boulevard, Arlington, VA, and at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, 
Pennsylvania 19103. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.
* * * * *
    Dated: May 28, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-14109 Filed 6-7-96; 8:45 am]
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