[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
* * * * *
[FR Doc. 97-16963 Filed 6-27-97; 8:45 am]
BILLING CODE 4510-43-P
