[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Rules and Regulations]
[Pages 8107-8108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3771]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75


Self-Contained Self-Rescuers (SCSRs); Updating a Reference for 
Locating SCSRs More Than 25 Feet From a Miner

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Technical amendment.

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SUMMARY: This technical amendment updates the reference in 30 CFR 
75.1714-2(e) (Self-rescue devices; use and location requirements) from 
30 CFR 75.1101-23 (Program of instruction; location and use of fire 
fighting equipment; location of escapeways, exits and routes of travel; 
evacuation procedures; fire drills) to 30 CFR 75.1502 (Mine emergency 
evacuation and firefighting program of instruction). This action is 
necessary to amend the outdated reference in Sec.  75.1714-2(e).

DATES: Effective February 23, 2004.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Blvd., Room 2350, Arlington, Virginia 22209-3939, 
[email protected], (202) 693-9440 (telephone), or (202) 693-9441 
(facsimile).

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2003, we published the Emergency Evacuations final 
rule (68 FR 53037 Sept. 9, 2003). Among other things, the rule removed 
Sec.  75.1101-23 (Program of instruction; location and use of fire 
fighting equipment; location of escapeways, exits and routes of travel; 
evacuation procedures; fire drills) and replaced it with Sec.  75.1502 
(Mine emergency evacuation and firefighting program of instruction). 
The Emergency Evacuations final rule was effective upon publication in 
the Federal Register.
    In issuing the Emergency Evacuations rule we inadvertently omitted 
updating the reference in Sec.  75.1714-2(e). Section 75.1714-2(e) 
references another section of 30 CFR which provides the mechanism for 
mine operators to apply to the District Manager for permission to place 
SCSRs more than 25 feet away from a miner. The reference to Sec.  
75.1101-23 in Sec.  75.1714-2(e) should have been renumbered to 
correspond with the change in the numbering in the Emergency 
Evacuations rule. This technical amendment updates the

[[Page 8108]]

language in Sec.  75.1714-2(e) to refer to the renumbered standard.

Discussion of Change

    Section 75.1714-2 (Self-rescue devices; use and location 
requirements) requires self-rescue devices to be used and located as 
prescribed in paragraphs (b) through (f) of this section. Paragraph (e) 
provides the mechanism for a mine operator to allow placement of self-
contained self-rescuers (SCSRs) more than 25 feet away when necessary. 
The mine operator must apply to the District Manager of the Coal Mine 
Safety and Health district in which the mine is located for permission 
to place the SCSR more than 25 feet away.
    Prior to the promulgation of the Emergency Evacuations rule, the 
mine operator submitted an application to the District Manager under 
Sec.  75.1101-23. The promulgation of the Emergency Evacuations rule 
removed Sec.  75.1101-23 and created Sec.  75.1502 (Mine emergency 
evacuation and firefighting program of instruction).
    This technical amendment updates wording in Sec.  75.1714-2(e) to 
correctly reference the renumbered Sec.  75.1502 (Mine emergency 
evacuation and firefighting program of instruction).

List of Subjects in 30 CFR Part 75

    Coal mines, Underground coal mining, Fire prevention, Mine safety 
and health.

    Dated: February 13, 2004.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.

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Chapter I of title 30, part 75 of the Code of Federal Regulations is 
amended as follows:

PART 75--[AMENDED]

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

    Authority: 30 U.S.C. 811.


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2. Section 75.1714-2 is amended by revising paragraph (e) introductory 
text to read as follows:


Sec.  75.1714-2  Self-rescue devices; use and location requirements.

* * * * *
    (e) A mine operator may apply to the District Manager under Sec.  
75.1502 for permission to place the SCSR more than 25 feet away.
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[FR Doc. 04-3771 Filed 2-20-04; 8:45 am]
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