[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Rules and Regulations]
[Pages 34640-34641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16878]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 7, 31, 32, 36, 70, and 75

RIN 1219-AA27


Approval, Exhaust Gas Monitoring, and Safety Requirements for the 
Use of Diesel-Powered Equipment in Underground Coal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule; corrections.

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SUMMARY: This document corrects errors in the final rule for the 
approval, exhaust gas monitoring, and safety requirements for the use 
of diesel-powered equipment in underground coal mines which appeared in 
the Federal Register on October 25, 1996.

DATES: Effective June 27, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances; 703-235-1910 (voice); 
[email protected] (internet e-mail); or 703-235-5551 (facsimile).

SUPPLEMENTARY INFORMATION: On October 25, 1996, MSHA published a final 
rule on the approval, exhaust gas monitoring, and safety requirements 
for the use of diesel-powered equipment in underground coal mines (61 
FR 55412). This document corrects errors that appeared in the final 
rule.
    This notice corrects the effective date section to include that the 
removal of part 32 is also effective November 25, 1996; and editorial 
errors in the numbers and mathematical symbols in Sec. 7.88, Sec. 7.89, 
Sec. 7.98(q)(7) Table F-1, and Sec. 7.100.
    This notice corrects the preamble language for Sec. 75.1906 by 
deleting language inadvertently included that would have imposed an 
earlier compliance deadline for the requirements of Sec. 75.1903(c) and 
(d). In the final rule, MSHA did not adopt a different compliance date 
in Sec. 75.1906(l) for Sec. 75.1903(c) and (d). Instead, the compliance 
date for these paragraphs is the same 12-month deadline as that for the 
rest of Secs. 75.1902 through 75.1906. Removing reference to the 
earlier compliance date conforms the preamble language to that of the 
final rule and eliminates conflicting information.
    This notice also corrects the rule and corresponding preamble 
language for Sec. 75.1909 to reflect existing Sec. 75.523-3 
requirements which govern automatic emergency-parking brakes on 
electric-powered haulage equipment. Section 75.523-3 provided the basis 
for Sec. 75.1909 requirements for supplemental brake systems on heavy 
duty diesel-powered equipment. MSHA's intent is that Sec. 75.1909(c)(5) 
specify essentially the same requirements as existing Sec. 75.523-3(c).
    The provision for supplemental brake systems was included in 
Sec. 75.523-3 to eliminate accidents occurring when the machine was in 
operation without an operator in the operator's compartment. The 
preamble to the March 24, 1989 final rule for Sec. 75.523-3 (54 FR 
12410) states in part that:

    * * * at least five fatalities have occurred since 1978 when 
equipment operators were repositioning themselves or were not at the 
controls of an energized machine when it rolled away.

    The preamble discussion in the October 25, 1996 diesel equipment 
final rule (61 FR 555468) states in part that Sec. 75.1909(c)(1) 
through (c)(5):

    * * * closely track the brake system requirements for electric 
haulage equipment in existing Sec. 75.523-3 with the exception of 
the requirement that the brake system be engaged by an emergency 
deenergization device or panic bar.

The emergency deenergization device is the only difference intended 
between the technical requirements for the braking systems required by 
existing Sec. 75.523-3 and the braking systems required for diesel 
equipment in the final rule. It is an editorial oversight that the two 
requirements differ.
    Existing Sec. 75.523-3 requires a means to ``apply the brakes 
manually without deenergizing the equipment;'' whereas, the current 
language in Sec. 75.1909(c)(5) of the final rule requires a means to 
``apply the brakes manually without the engine operating.'' This notice 
corrects the final rule and preamble language for Sec. 75.1909(c)(5) by 
replacing the phrase ``without the engine operating'' with the phrase 
``without shutting down the engine.'' Without this change to the rule 
and the preamble, the two parts of Sec. 75.1909(c)(5) partially repeat 
rather than complement each other.

List of Subjects

30 CFR Part 7

    Diesel-powered equipment, Mine safety and health, Reporting and 
recordkeeping requirements.

30 CFR Part 75

    Diesel-powered equipment, Mine safety and health, Underground coal 
mines, Reporting and recordkeeping requirements.

    Dated: June 19, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
    Accordingly, the final rule published on October 25, 1996 (61 FR 
55412) is corrected as follows:
    1. The DATES section of the preamble on page 55412, column one, is 
corrected to add the words ``and part 32'' after the words ``the 
removal of part 31''.

PART 7--TESTING BY APPLICANT OR THIRD PARTY

    2. The authority citation for part 7 continues to read as follows:

    Authority: 30 U.S.C. 957.


Sec. 7.88  [Corrected]

    3. Section 7.88(a)(9)(vi), on page 55516, column one, line six, is 
corrected by deleting a ``5'' in the number ``(0.00552)'' to read 
``(0.0052)''.
    4. Section 7.88(a)(9)(xi), on page 55516, column two, line one is 
corrected by adding a slash after ``K=13,913.4'' to read ``K=13,913.4/
''.


Sec. 7.89  [Corrected]

    5. Section 7.89(a)(9)(i) and (ii), on page 55517, is corrected by 
changing the abbreviation ``PF'' to read ``Pf'' 
in column two, line eight, and in column three, line one.
    6. Section 7.89(a)(9)(iv)(A), on page 55517, is corrected by 
changing the abbreviation ``PFcorr'' to read 
``Pfcorr'' in line one of the equation section.


Sec. 7.98  [Corrected]

    7. Section 7.98(q)(7), Table F-1, on page 55520, second column, is 
corrected in the fifth entry by changing the subscript number 3 
following ``0.008'''' to a superscript footnote number 3.
    8. Section 7.98(q)(7), Table F-1 is further corrected on page 55521 
as follows:
    a. In the second column, second entry by changing ``\1/16\'''' to 
read ``\3/8\'''';
    b. In the first column, by adding a dot leader after the third 
entry and a corresponding entry in the second column to read ``\1/
16\''''; and
    c. In the second column, by reducing the size of the footnote 
numbers for

[[Page 34641]]

footnotes 8 and 12 following the entry ``\7/16\'''' to appropriate 
footnote size.
    9. Section 7.98(q)(7) Table F-1, footnote 12, on page 55521, is 
corrected by changing ``f'' to read ``If'' in the first word of the 
sentence.


Sec. 7.100  [Corrected]

    10. Section 7.100(a)(3)(iii)(B) and (C) on page 55523, column two, 
is corrected by deleting the words ``rated speed'' from the first 
sentence of each paragraph.

PART 75--[AMENDED]

    11. The authority citation for part 75 continues to read as 
follows:

    Authority: 30 U.S.C. 811.

    12. The preamble discussion of Sec. 75.1906(l), on page 55455, is 
corrected by deleting the last sentence which begins at the bottom of 
column two and ends at the top of column three.
    13. The preamble discussion of Sec. 75.1909(c)(5), on page 55468, 
is corrected by removing the words ``without the engine operating'' in 
the last line of column one and the first line of column two, and 
adding in their place the words ``without shutting down the engine''.


Sec. 75.325  [Corrected]

    14. Section 75.325(k), on page 55527, column two, is corrected by 
changing the effective date in the first sentence from ``November 25, 
1977'' to read ``November 25, 1997.''


Sec. 75.1909  [Corrected]

    15. Section 75.1909(c)(5) on page 55531, column two, is corrected 
by replacing the words ``without the engine operating'' in lines three 
and four with the words ``without shutting down the engine''.

[FR Doc. 97-16878 Filed 6-26-97; 8:45 am]
BILLING CODE 4510-43-P