Volume 61, Number 112, Page 29287-29289

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

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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:

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

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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. * * * * *