[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Page 12647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6582]


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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 (MSHA), Labor.

ACTION: Final rule; corrections.

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SUMMARY: This document corrects errors in MSHA's regulations for the 
approval, exhaust gas monitoring, and safety requirements for the use 
of diesel-powered equipment in underground coal mines.

EFFECTIVE DATE: March 16, 1998.

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

SUPPLEMENTARY INFORMATION:
    On October 25, 1996, MSHA published a final rule that established 
approval, exhaust gas monitoring, and safety requirements for the use 
of diesel-powered equipment in underground coal mines (61 FR 55412). 
This notice corrects an editorial error in that final rule for 
Sec. 75.1906(g) and the corresponding preamble language.
    The preamble to the final rule, on page 55454, third column, first 
sentence, currently reads:

    Paragraph (g) requires non-self-propelled diesel fuel 
transportation units equipped with electric components for 
dispensing fuel that are connected to a source of electrical power 
be provided with a fire suppression device that meets the 
requirements of existing Secs. 75.1107-3 through 75.1107-6, 
Secs. 75.1107-8, and Sec. 75.1107-16. * * * [emphasis added]

This section should read:

    Paragraph (g) requires non-self-propelled diesel fuel 
transportation units equipped with electric components for 
dispensing fuel that are connected to a source of electrical power 
be provided with a fire suppression device that meets the 
requirements of existing Secs. 75.1107-3 through 75.1107-6, and 
Secs. 75.1107-8 through 75.1107-16. * * * [emphasis added]

    Section 75.1107, as a whole, specifies requirements for fire 
suppression devices for both attended and unattended equipment used in 
underground coal mines. The various subsections in Sec. 75.1107 address 
different types of fire suppression devices so as to allow flexibility 
in the choice of a fire suppression system. This flexibility enables 
the mine operator to choose a fire suppression device that is 
appropriate for the type of equipment or installation where it will be 
used.
    When this existing regulation was incorporated by reference in the 
final rule for the use of diesel-powered equipment in underground coal 
mines, MSHA's intent was to reference all sections of the existing fire 
suppression requirements that would provide effective fire suppression 
capability for the combined hazards presented by the storage of diesel 
fuel in conjunction with electrical components. Because water can 
spread, rather than suppress, a diesel fuel fire, water deluge type 
devices are inappropriate for fighting diesel fuel fires at electrical 
installations. MSHA's intent was to exclude only the use of water 
deluge type devices, described by Sec. 75.1107-7, when fighting diesel 
fuel fires, and to allow the use of all other types of fire suppression 
devices addressed in the other subsections of Sec. 75.1107. An 
appropriate fire suppression device for non-self-propelled diesel fuel 
transportation units, therefore, must meet the requirements for 
underground equipment with the exception of those that use water.
    This notice corrects the final rule and corresponding preamble 
language for Sec. 75.1906(g) by replacing ``and'' with ``through'' to 
reflect that non-self-propelled diesel fuel transportation units that 
are connected to a source of electrical power require fire suppression 
devices that are effective for the hazard.

List of Subjects in 30 CFR Part 75

    Diesel-powered equipment, Mine safety and health, Underground coal 
mines. Reporting and recordkeeping requirements.
    Dated: March 9, 1998.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    Accordingly, chapter I of title 30, 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 75.1906(g), is corrected to read as follows:


Sec. 75.1906  Transport of diesel fuel.

* * * * *
    (g) Non-self-propelled diesel fuel transportation units with 
electrical components for dispensing fuel that are connected to a 
source of electrical power must be protected by a fire suppression 
device that meets the requirements of Secs. 75.1107-3 through 75.1107-
6, and Secs. 75.1107-8 through 75.1107-16.
* * * * *
[FR Doc. 98-6582 Filed 3-13-98; 8:45 am]
BILLING CODE 4510-43-P