[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Rules and Regulations]
[Pages 34640-34641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16878]
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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, Labor.
ACTION: Final rule; corrections.
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SUMMARY: This document corrects errors in the final rule for the
approval, exhaust gas monitoring, and safety requirements for the use
of diesel-powered equipment in underground coal mines which appeared in
the Federal Register on October 25, 1996.
DATES: Effective June 27, 1997.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances; 703-235-1910 (voice);
psilvey@msha.gov (internet e-mail); or 703-235-5551 (facsimile).
SUPPLEMENTARY INFORMATION: On October 25, 1996, MSHA published a final
rule on the approval, exhaust gas monitoring, and safety requirements
for the use of diesel-powered equipment in underground coal mines (61
FR 55412). This document corrects errors that appeared in the final
rule.
This notice corrects the effective date section to include that the
removal of part 32 is also effective November 25, 1996; and editorial
errors in the numbers and mathematical symbols in Sec. 7.88, Sec. 7.89,
Sec. 7.98(q)(7) Table F-1, and Sec. 7.100.
This notice corrects the preamble language for Sec. 75.1906 by
deleting language inadvertently included that would have imposed an
earlier compliance deadline for the requirements of Sec. 75.1903(c) and
(d). In the final rule, MSHA did not adopt a different compliance date
in Sec. 75.1906(l) for Sec. 75.1903(c) and (d). Instead, the compliance
date for these paragraphs is the same 12-month deadline as that for the
rest of Secs. 75.1902 through 75.1906. Removing reference to the
earlier compliance date conforms the preamble language to that of the
final rule and eliminates conflicting information.
This notice also corrects the rule and corresponding preamble
language for Sec. 75.1909 to reflect existing Sec. 75.523-3
requirements which govern automatic emergency-parking brakes on
electric-powered haulage equipment. Section 75.523-3 provided the basis
for Sec. 75.1909 requirements for supplemental brake systems on heavy
duty diesel-powered equipment. MSHA's intent is that Sec. 75.1909(c)(5)
specify essentially the same requirements as existing Sec. 75.523-3(c).
The provision for supplemental brake systems was included in
Sec. 75.523-3 to eliminate accidents occurring when the machine was in
operation without an operator in the operator's compartment. The
preamble to the March 24, 1989 final rule for Sec. 75.523-3 (54 FR
12410) states in part that:
* * * at least five fatalities have occurred since 1978 when
equipment operators were repositioning themselves or were not at the
controls of an energized machine when it rolled away.
The preamble discussion in the October 25, 1996 diesel equipment
final rule (61 FR 555468) states in part that Sec. 75.1909(c)(1)
through (c)(5):
* * * closely track the brake system requirements for electric
haulage equipment in existing Sec. 75.523-3 with the exception of
the requirement that the brake system be engaged by an emergency
deenergization device or panic bar.
The emergency deenergization device is the only difference intended
between the technical requirements for the braking systems required by
existing Sec. 75.523-3 and the braking systems required for diesel
equipment in the final rule. It is an editorial oversight that the two
requirements differ.
Existing Sec. 75.523-3 requires a means to ``apply the brakes
manually without deenergizing the equipment;'' whereas, the current
language in Sec. 75.1909(c)(5) of the final rule requires a means to
``apply the brakes manually without the engine operating.'' This notice
corrects the final rule and preamble language for Sec. 75.1909(c)(5) by
replacing the phrase ``without the engine operating'' with the phrase
``without shutting down the engine.'' Without this change to the rule
and the preamble, the two parts of Sec. 75.1909(c)(5) partially repeat
rather than complement each other.
List of Subjects
30 CFR Part 7
Diesel-powered equipment, Mine safety and health, Reporting and
recordkeeping requirements.
30 CFR Part 75
Diesel-powered equipment, Mine safety and health, Underground coal
mines, Reporting and recordkeeping requirements.
Dated: June 19, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Accordingly, the final rule published on October 25, 1996 (61 FR
55412) is corrected as follows:
1. The DATES section of the preamble on page 55412, column one, is
corrected to add the words ``and part 32'' after the words ``the
removal of part 31''.
PART 7--TESTING BY APPLICANT OR THIRD PARTY
2. The authority citation for part 7 continues to read as follows:
Authority: 30 U.S.C. 957.
Sec. 7.88 [Corrected]
3. Section 7.88(a)(9)(vi), on page 55516, column one, line six, is
corrected by deleting a ``5'' in the number ``(0.00552)'' to read
``(0.0052)''.
4. Section 7.88(a)(9)(xi), on page 55516, column two, line one is
corrected by adding a slash after ``K=13,913.4'' to read ``K=13,913.4/
''.
Sec. 7.89 [Corrected]
5. Section 7.89(a)(9)(i) and (ii), on page 55517, is corrected by
changing the abbreviation ``PF'' to read ``Pf''
in column two, line eight, and in column three, line one.
6. Section 7.89(a)(9)(iv)(A), on page 55517, is corrected by
changing the abbreviation ``PFcorr'' to read
``Pfcorr'' in line one of the equation section.
Sec. 7.98 [Corrected]
7. Section 7.98(q)(7), Table F-1, on page 55520, second column, is
corrected in the fifth entry by changing the subscript number 3
following ``0.008'''' to a superscript footnote number 3.
8. Section 7.98(q)(7), Table F-1 is further corrected on page 55521
as follows:
a. In the second column, second entry by changing ``\1/16\'''' to
read ``\3/8\'''';
b. In the first column, by adding a dot leader after the third
entry and a corresponding entry in the second column to read ``\1/
16\''''; and
c. In the second column, by reducing the size of the footnote
numbers for
[[Page 34641]]
footnotes 8 and 12 following the entry ``\7/16\'''' to appropriate
footnote size.
9. Section 7.98(q)(7) Table F-1, footnote 12, on page 55521, is
corrected by changing ``f'' to read ``If'' in the first word of the
sentence.
Sec. 7.100 [Corrected]
10. Section 7.100(a)(3)(iii)(B) and (C) on page 55523, column two,
is corrected by deleting the words ``rated speed'' from the first
sentence of each paragraph.
PART 75--[AMENDED]
11. The authority citation for part 75 continues to read as
follows:
Authority: 30 U.S.C. 811.
12. The preamble discussion of Sec. 75.1906(l), on page 55455, is
corrected by deleting the last sentence which begins at the bottom of
column two and ends at the top of column three.
13. The preamble discussion of Sec. 75.1909(c)(5), on page 55468,
is corrected by removing the words ``without the engine operating'' in
the last line of column one and the first line of column two, and
adding in their place the words ``without shutting down the engine''.
Sec. 75.325 [Corrected]
14. Section 75.325(k), on page 55527, column two, is corrected by
changing the effective date in the first sentence from ``November 25,
1977'' to read ``November 25, 1997.''
Sec. 75.1909 [Corrected]
15. Section 75.1909(c)(5) on page 55531, column two, is corrected
by replacing the words ``without the engine operating'' in lines three
and four with the words ``without shutting down the engine''.
[FR Doc. 97-16878 Filed 6-26-97; 8:45 am]
BILLING CODE 4510-43-P
