[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Rules and Regulations]
[Pages 36346-36347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12371]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

RIN 1219-AB33

30 CFR Parts 72 and 75


Emergency Evacuations

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

ACTION: Final rule; correcting amendments.

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SUMMARY: This document makes correcting amendments to four existing 
standards that are affected by an MSHA rulemaking concerning emergency 
evacuations in underground coal mines. The rule revised and renumbered 
an existing standard, but did not update cross-references to that 
standard. This document updates these cross-references, and makes a 
non-substantial correction to the wording in a separate reference.

DATES: Effective June 23, 2005.

FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Blvd., Room 2313, Arlington, Virginia 22209-3939, 
[email protected], (202) 693-9440 (telephone), (202) 693-9441 
(facsimile). This document is available at http://www.msha.gov.

SUPPLEMENTARY INFORMATION:

Administrative Procedure Act

    MSHA has determined that public notice and comment is unnecessary 
for this action. The correcting amendments contained in this final rule 
replace outdated references to Sec.  75.1101-23, which no longer 
exists, with correct references to Sec.  75.1502 and are non 
substantive in nature. Accordingly, for ``good cause'' under the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), MSHA finds 
that notice and comment procedures are unnecessary in this action. For 
the same reason, it has been determined that in accordance with 5 
U.S.C. 553(d), there is good cause to make these changes effective on 
the date of publication in the Federal Register.

Background

    On December 12, 2002 (67 FR 76658), MSHA published an emergency 
temporary standard (ETS) to address dangers to which underground coal 
miners are exposed during mine fire, explosion, and gas or water 
inundation emergencies.
    Section 101(b) of the Federal Mine Safety and Health Act of 1977 
specifies that an ETS also serves as a proposed rule, and requires 
publication of the final rule within nine months after the ETS is 
published. The final rule, published on September 9, 2003 (68 FR 
53037), created Sec. Sec.  75.1501 (Emergency evacuations) and 75.1502 
(Mine emergency evacuation and firefighting program of instruction); 
amended Sec.  48.8 (Annual refresher training of miners; minimum 
courses of instruction; hours of instruction), and 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).
    Section 75.1502 was derived from Sec.  75.1101-23 and applies to 
all mine emergencies resulting from fire, explosion, or gas or water 
inundation. Additionally, Sec.  75.1502 provides that before any MSHA-
approved revision to the emergency evacuation and firefighting program 
of instruction is implemented, persons affected by the revision must be 
instructed about any new provisions.
    Cross-references to formerly existing Sec.  75.1101-23 are still 
contained in Sec. Sec.  72.502(c), (Requirements for nonpermissible 
light-duty diesel-powered equipment other than generators and 
compressors); 75.383(c), (Escapeway maps and drills); 75.1908(d), 
(Nonpermissible diesel-powered equipment; categories); and 75.1912(c), 
(Fire suppression systems for permanent underground diesel fuel storage 
facilities). The updates to these cross-references were inadvertently 
omitted from the rule. On February 23, 2004 a Federal Register notice 
(69 FR 8107) corrected Sec.  75.1714-2(e), (Self-rescue devices; use 
and location requirements) by replacing the outdated cross-reference to 
Sec.  75.1101-23 with a cross-reference to Sec.  75.1502. This document 
updates the remaining cross-references.
    Additionally, this document revises Sec.  72.502(a) by replacing 
the word ``part'' with the word ``chapter'' to correctly identify the 
reference to Sec.  75.1908(d).

[[Page 36347]]

Discussion of Changes

Section 72.502(c) Requirements for Nonpermissible Light-Duty Diesel-
Powered Equipment Other than Generators and Compressors

    Section 72.502 establishes diesel particulate matter emission 
limits for certain light-duty diesel-powered equipment in underground 
coal mines. Paragraph (c) exempts all diesel-powered ambulances and 
fire fighting equipment being used in accordance with the required fire 
fighting and evacuation plan, and cites Sec.  75.1101-23 as the 
authority for the plan. This document replaces the reference to Sec.  
75.1101-23 with the correct reference to existing Sec.  75.1502 and has 
no substantive impact on Sec.  72.502(c).

Section 75.383(c) Escapeway Maps and Drills

    Section 75.383 establishes requirements for posting escapeway maps 
and conducting escapeway drills underground. Paragraph (c) states that 
these drills ``may be used to satisfy the evacuation specifications of 
the fire drills required by Sec.  75.1101-23.'' This document replaces 
the reference to Sec.  75.1101-23 with the correct reference to Sec.  
75.1502 and has no substantive impact on Sec.  75.383(c).

Section 75.1908(d) Nonpermissible Diesel-Powered Equipment; Categories

    Section 75.1908 categorizes non-permissible diesel-powered 
equipment used in underground coal mines for the purpose of determining 
engine performance and exhaust emissions requirements under part 7 and 
design requirements under Sec. Sec.  75.1909 and 75.1910. Paragraph (d) 
exempts diesel-powered ambulances and other rescue equipment from these 
requirements, provided this equipment is used only for rescue 
activities in accordance with the mine's emergency evacuation and fire 
fighting plan, and cites Sec.  75.1101-23 as the authority for this 
plan. This document replaces the reference to Sec.  75.1101-23 with the 
correct reference to existing Sec.  75.1502 and has no substantive 
impact on Sec.  75.1908(d).

Section 75.1912(c) Fire Suppression Systems for Permanent Underground 
Diesel Fuel Storage Facilities

    Section 75.1912 establishes requirements for fire suppression 
systems on permanent underground diesel fuel storage facilities. 
Paragraph (c) requires audible and visual alarms at the protected area 
and at the surface to warn of fire and system faults. These alarms are 
intended primarily to warn people in the immediate area and to alert 
persons at the surface who are monitoring the fire suppression system. 
Paragraph (c) reflects this intent by specifying that in the event of a 
mine fire ``personnel shall be warned in accordance with the provisions 
set forth in Sec.  75.1101-23.'' This document replaces the reference 
to Sec.  75.1101-23 with the correct reference to existing Sec.  
75.1502 and has no substantive impact on Sec.  75.1912(c).

    Dated: June 16, 2005.
David G. Dye,
Acting Assistant Secretary of Labor for Mine Safety and Health.

List of Subjects in 30 CFR Parts 72 and 75

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

0
Accordingly, 30 CFR parts 72 and 75 are corrected by the following 
correcting amendments:

PART 72--HEALTH STANDARDS FOR COAL MINES

0
1. The authority citation for part 72 continues to read as follows:

    Authority: 30 U.S.C. 811, 813(h), 957, 961.


Sec.  72.502  [Corrected]

0
2. In paragraph (a), in the first sentence, remove the word ``part'' 
and add ``chapter'' in its place.

0
3. In paragraph (c), in the last sentence, remove the term ``Sec.  
75.1101-23'' and add ``Sec.  75.1502'' in its place.

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

0
4. The authority citation for part 75 continues to read as follows:

    Authority: 30 U.S.C. 811.


Sec.  75.383  [Corrected]

0
5. In paragraph (c), remove the term ``Sec.  75.1101-23'' and add 
``Sec.  75.1502'' in its place.


Sec.  75.1908  [Corrected]

0
6. In paragraph (d), remove the term ``Sec.  75.1101-23'' and add 
``Sec.  75.1502'' in its place.


Sec.  75.1912  [Corrected]

0
7. In paragraph (c), remove the term ``Sec.  75.1101-23'' and add 
``Sec.  75.1502'' in its place.

[FR Doc. 05-12371 Filed 6-22-05; 8:45 am]
BILLING CODE 4510-43-P