[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Pages 35085-35086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16963]


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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; conforming rule to Court's order.

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SUMMARY: MSHA published safety standards for the ventilation of 
underground coal mines on March 11, 1996, which became effective on 
June 10, 1996. The National Mining Association (NMA) and the United 
Mine Workers of America (UMWA) challenged the rule. On June 17, 1997, 
the United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) issued an order granting the petition for review 
relating to the 8-hour interval requirement for preshift examinations 
pursuant to 30 CFR 75.360(a)(1) (1996). The Court further denied the 
petition for review on all other issues and upheld the Agency's 
rulemaking. This document provides notice of, and effectuates, the 
Court's order.

DATES: Effective June 30, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, MSHA, phone 703/235-1910; fax 
703/235-5551.

SUPPLEMENTARY INFORMATION: On May 15, 1992, MSHA published a final rule 
(57 FR 20868) revising its safety standards for ventilation of 
underground coal mines. The American Mining Congress and the National 
Coal Association [predecessors to NMA] and the UMWA challenged the 1992 
rule in the D.C. Circuit. The D.C. Circuit stayed the application of 30 
CFR 75.321(a) (oxygen in bleeder entries), and MSHA voluntarily stayed 
30 CFR 75.313 (main mine fan stoppage with persons underground) and 
75.344(a)(1) (compressors located in noncombustible structure or area). 
The remaining provisions became effective on November 16, 1992, or as 
otherwise provided in the rule.
    MSHA agreed to further review the 1992 rule and to propose 
revisions. With the consent of the parties, the D.C. Circuit stayed the 
proceedings pending the Agency's review. On May 19, 1994, MSHA 
published a proposed rule (59 FR 26536) revising certain provisions of 
the 1992 rule.
    On March 11, 1996, MSHA published a final rule (61 FR 9764). On 
June 7, 1996, the D.C. Circuit issued an order staying the application 
of 30 CFR 75.313(d)(2) (stopping of withdrawal of persons upon fan 
restart) and 75.321(a)(2) (oxygen in bleeder entries). All other 
requirements of the final rule, including the remaining provisions of 
75.313 (main mine fan stoppage with persons underground) and 
75.344(a)(1) (compressor enclosed or continuously attended), became 
effective on June 10, 1996, or as otherwise provided in the rule.
    On June 17, 1997, the United States Court of Appeals for the 
District of Columbia Circuit, in National Mining Association v. Mine 
Safety and Health Administration and Secretary of Labor (MSHA), D.C. 
Cir. No. 92-1288 and consolidated cases, issued an order granting the 
petition for review on NMA's challenge to Sec. 75.360 relating to 
preshift examinations.
    Section 75.360(a)(1) states:

Except as provided in paragraph (a)(2) of this section, a certified 
person designated by the operator shall make a preshift examination 
within 3 hours preceding the beginning of any 8-hour interval during 
which any person is scheduled to work or travel underground. The 
operator shall establish the 8-hour intervals of time subject to the 
required preshift examinations. No person other than certified 
examiners may enter or remain in any underground area unless a 
preshift examination has been completed for the established 8-hour 
period.

    Section 75.360(a) of the previous rule stated:

Within 3 hours preceding the beginning of any shift and before 
anyone on the oncoming shift, other than certified persons 
conducting examinations required by this subpart, enters any 
underground area of the mine, a certified person designated by the 
operator shall make a preshift examination.

The operative difference between the two provisions was the 
substitution of the phrase ``8-hour interval [or] period'' in 
Sec. 75.360(a)(1) (1996) for the phrase ``beginning of any shift'' in 
previous Sec. 75.360(a). In compliance with the Court's order, 
paragraph (a) of previous Sec. 75.360, with minor modifications, is now 
in effect as new paragraph (a)(1).

List of Subjects in 30 CFR Part 75

    Mine safety and health, Underground coal mines, Ventilation.

    Dated: June 19, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    Accordingly, part 75, subchapter O, chapter I, title 30 of the Code 
of Federal Regulations is amended as follows:

PART 75--[AMENDED]

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

    Authority: 30 U.S.C. 811.

    2. Section 75.360, paragraph (a)(1), is revised to read as follows:


Sec. 75.360  Preshift examination.

    (a)(1) Except as provided in paragraph (a)(2) of this section, a 
certified person designated by the operator shall make a preshift 
examination within 3 hours preceding the beginning of any shift during 
which any person is scheduled to work or travel underground. No person 
other than certified examiners

[[Page 35086]]

may enter or remain in any underground area unless a preshift 
examination has been completed for the shift.
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[FR Doc. 97-16963 Filed 6-27-97; 8:45 am]
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