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.

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.

EFFECTIVE DATE: [Insert date of publication in the Federal Register.]

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances; 703-235-1910 (voice); psilvey (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 § 7.88, § 7.89, § 7.98(q)(7) Table F-1, and § 7.100.

This notice corrects the preamble language for § 75.1906 by deleting language inadvertently included that would have imposed an earlier compliance deadline for the requirements of § 75.1903(c) and (d). In the final rule, MSHA did not adopt a different compliance date in § 75.1906(l) for § 75.1903(c) and (d). Instead, the compliance date for these paragraphs is the same 12-month deadline as that for the rest of §§ 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 § 75.1909 to reflect existing § 75.523-3 requirements which govern automatic emergency-parking brakes on electric-powered haulage equipment. Section 75.523-3 provided the basis for § 75.1909 requirements for supplemental brake systems on heavy duty diesel-powered equipment. MSHA's intent is that § 75.1909(c)(5) specify essentially the same requirements as existing § 75.523-3(c).

The provision for supplemental brake systems was included in § 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 § 75.523-3 [54 FR 12410] states in part that:

The preamble discussion in the October 25, 1996 diesel equipment final rule [61 FR 555468] states in part that § 75.1909(c)(1) through (c)(5):

The emergency deenergization device is the only difference intended between the technical requirements for the braking systems required by existing § 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 § 75.523-3 requires a means to "apply the brakes manually without deenergizing the equipment;" whereas, the current language in § 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 § 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 § 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 Parts 70 and 75
Diesel-powered equipment, Incorporations by reference, 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 EFFECTIVE 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:

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/".

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.

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 " ";

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 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.

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 § 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 § 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".

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."

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".