[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29287-29289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14109]
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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; corrections.
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SUMMARY: This document corrects errors in the final rule for
underground coal mine ventilation which appeared in the Federal
Register on March 11, 1996 (61 FR 9764).
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, (703) 235-1910.
SUPPLEMENTARY INFORMATION: On March 11, 1996, MSHA published a final
rule to revise its safety standards for underground coal mine
ventilation. This document corrects errors that appeared in the final
rule.
Sections 75.325, 75.326, and 75.330 each refer to provisions in the
final rule that limit exposure to methane, respirable dust, or other
harmful gases. In each case it was not the Agency's intent to modify
the limits set in these standards. No changes were proposed and the
current versions that appear in the 1995 compilation of the Code of
Federal Regulations are correct. Therefore, to address questions raised
and to clarify the intent of the Agency, the language in these
standards is being corrected to re-state the language of the existing
standards.
Sections 75.301, 75.333(d) (1), (e)(3), and (f), and
75.335(a)(1)(iv) and (a)(2) are being corrected to include information
concerning the availability of the incorporated documents, where the
incorporated documents may be inspected, and the Federal Register
approval for incorporation by reference of the documents. No changes
were proposed and the current versions that appear in the 1995
compilation of the Code of Federal Regulations are correct. The final
rule language for Sec. 75.333 Ventilation controls, inadvertently
[[Page 29288]]
omits the information concerning the availability of the document
incorporated by reference in (e)(1)(i). This document adds that
language.
Correction of Publication
The final rule for safety standards for underground coal mine
ventilation that appeared in the Federal Register on March 11, 1996 (61
FR 9764) is corrected as follows:
1. On page 9829, in the second column, in Sec. 75.301, in the
definition of noncombustible structure or area, three sentences are
added following the last sentence to read as follows:
Sec. 75.301 Definitions.
* * * * *
Noncombustible Structure or Area. * * * The publication ASTM E119-
88, ``Standard Test Methods for Fire Tests of Building Construction and
Materials'' is incorporated by reference and may be inspected at any
Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing Materials (ASTM), 1916
Race Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
2. On page 9829, in the second column, in Sec. 75.301, in the
definition of noncombustible material, three sentences are added
following the last sentence to read as follows:
* * * * *
Noncombustible Material. * * * The publication ASTM E119-88,
``Standard Test Methods for Fire Tests of Building Construction and
Materials'' is incorporated by reference and may be inspected at any
Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing Materials (ASTM), 1916
Race Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
3. On page 9833, in the second column, in Sec. 75.325, the first
sentence in paragraph (c)(2), is corrected to read as follows:
Sec. 75.325 Air quantity.
* * * * *
(c) * * *
(2) The velocity of air that will be provided to control methane
and respirable dust in accordance with applicable standards on each
longwall or shortwall and the locations where these velocities will be
provided shall be specified in the approved ventilation plan. * * *
* * * * *
4. On page 9833, in the second column, in Sec. 75.326, the second
sentence is corrected to read as follows:
* * * * *
* * * A lower mean entry air velocity may be approved in the
ventilation plan if the lower velocity will maintain methane and
respirable dust concentrations in accordance with the applicable
levels. * * *
* * * * *
5. On page 9833, in the third column, in Sec. 75.330, the second
sentence of paragraph (b)(2), is corrected to read as follows:
Sec. 75.330 Face ventilation control devices.
* * * * *
(b) * * *
(2) * * * Alternative distances specified shall be capable of
maintaining concentrations of respirable dust, methane, and other
harmful gases, in accordance with the levels specified in the
applicable sections of this chapter.
* * * * *
6. On page 9834, in the third column, in Sec. 75.333, paragraph
(d)(1) is corrected to read as follows:
Sec. 75.333 Ventilation controls.
* * * * *
(d) * * *
(1) Made of noncombustible material or coated on all accessible
surfaces with flame-retardant materials having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using A Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing (ASTM), 1916 Race
Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
7. On page 9834, in the third column, in Sec. 75.333, paragraph
(e)(1)(i) is corrected to read as follows:
* * * * *
(e)(1)(i) Except as provided in paragraphs (e)(2), (e)(3) and
(e)(4) of this section all overcasts, undercasts, shaft partitions,
permanent stoppings, and regulators, installed after June 10, 1996,
shall be constructed in a traditionally accepted method and of
materials that have been demonstrated to perform adequately or in a
method and of materials that have been tested and shown to have a
minimum strength equal to or greater than the traditionally accepted
in-mine controls. Tests may be performed under ASTM E72-80, ``Standard
Methods of Conducting Strength Tests of Panels for Building
Construction'' (Section 12--Transverse Load--Specimen Vertical, load,
only), or the operator may conduct comparative in-mine tests. In-mine
tests shall be designed to demonstrate the comparative strength of the
proposed construction and a traditionally accepted in-mine control. The
publication ASTM E72-80, ``Standard Methods of Conducting Strength
Tests of Panels for Building Construction'' is incorporated by
reference and may be inspected at any Coal Mine Health and Safety
District and Subdistrict Office, or at MSHA's Office of Standards, 4015
Wilson Boulevard, Arlington, VA, and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In
addition, copies of the document can be purchased from the American
Society for Testing (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
8. On page 9835, in the first column, in Sec. 75.333, paragraph
(e)(3) is corrected to read as follows:
* * * * *
(e) * * *
(3) When timbers are used to create permanent stoppings in heaving
or caving areas, the stoppings shall be coated on all accessible
surfaces with a flame-retardant material having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using A Radiant Heat Energy
[[Page 29289]]
Source.'' This publication is incorporated by reference and may be
inspected at any Coal Mine Health and Safety District and Subdistrict
Office, or at MSHA's Office of Standards, 4015 Wilson Boulevard,
Arlington, VA, and at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. In addition, copies of
the document can be purchased from the American Society for Testing
(ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
9. On page 9835, in the first column, in Sec. 75.333, paragraph (f)
is corrected to read as follows:
* * * * *
(f) When sealants are applied to ventilation controls, the sealant
shall have a flame-spread index of 25 or less under ASTM E162-87,
``Standard Test Method for Surface Flammability of Materials Using A
Radiant Heat Energy Source.'' This publication is incorporated by
reference and may be inspected at any Coal Mine Health and Safety
District and Subdistrict Office, or at MSHA's Office of Standards, 4015
Wilson Boulevard, Arlington, VA, and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In
addition, copies of the document can be purchased from the American
Society for Testing (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
10. In the rule, on page 9835, in the third column, Sec. 75.335,
paragraph (a)(1)(iv) is corrected to read as follows:
Sec. 75.335 Construction of seals.
(a)(1) * * *
(iv) Coated on all accessible surfaces with flame-retardant
material that will minimize leakage and that has a flame-spread index
of 25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using A Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the 4Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing (ASTM), 1916 Race
Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
11. On page 9835, in the third column, in Sec. 75.335, paragraph
(a)(2) is corrected to read as follows:
(a)(1) * * *
(2) Alternative methods or materials may be used to create a seal
if they can withstand a static horizontal pressure of 20 pounds per
square inch provided the method of installation and the material used
are approved in the ventilation plan. If the alternative methods or
materials include the use of timbers, the timbers also shall be coated
on all accessible surfaces with flame-retardant material having a
flame-spread index of 25 or less, as tested under ASTM E162-87,
``Standard Test Method for Surface Flammability of Materials Using A
Radiant Heat Energy Source.'' This publication is incorporated by
reference and may be inspected at any Coal Mine Health and Safety
District and Subdistrict Office, or at MSHA's Office of Standards, 4015
Wilson Boulevard, Arlington, VA, and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In
addition, copies of the document can be purchased from the American
Society for Testing (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
Dated: May 28, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-14109 Filed 6-7-96; 8:45 am]
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