Federal Register: February 23, 2004 (Volume 69, Number 35)
DOCID: FR Doc 04-3771
DEPARTMENT OF LABOR
Mine Safety and Health Administration
CFR Citation: 30 CFR Part 75
NOTICE: RULES
ACTION: Coal mine safety and health:
DOCUMENT ACTION: Technical amendment.
SUBJECT CATEGORY:
Self-Contained Self-Rescuers (SCSRs); Updating a Reference for Locating SCSRs More Than 25 Feet From a Miner
DATES: Effective February 23, 2004.
DOCUMENT SUMMARY:
This technical amendment updates the reference in 30 CFR 75.17142(e) (Selfrescue devices; use and location requirements) from 30 CFR 75.110123 (Program of instruction; location and use of fire fighting equipment; location of escapeways, exits and routes of travel; evacuation procedures; fire drills) to 30 CFR 75.1502 (Mine emergency evacuation and firefighting program of instruction). This action is necessary to amend the outdated reference in Sec. 75.17142(e).
SUMMARY:
Self-contained self-rescuers; technical amendment,
SUPPLEMENTAL INFORMATION
Background
On September 9, 2003, we published the Emergency Evacuations final rule (68 FR 53037 Sept. 9, 2003). Among other things, the rule removed Sec. 75.110123 (Program of instruction; location and use of fire fighting equipment; location of escapeways, exits and routes of travel; evacuation procedures; fire drills) and replaced it with Sec. 75.1502 (Mine emergency evacuation and firefighting program of instruction). The Emergency Evacuations final rule was effective upon publication in the Federal Register.
In issuing the Emergency Evacuations rule we inadvertently omitted
updating the reference in Sec. 75.17142(e). Section 75.17142(e)
references another section of 30 CFR which provides the mechanism for
mine operators to apply to the District Manager for permission to place
SCSRs more than 25 feet away from a miner. The reference to Sec.
75.110123 in Sec. 75.17142(e) should have been renumbered to
correspond with the change in the numbering in the Emergency Evacuations rule. This technical amendment updates the
[[Page 8108]]
language in Sec. 75.17142(e) to refer to the renumbered standard. Discussion of Change
Section 75.17142 (Selfrescue devices; use and location requirements) requires selfrescue devices to be used and located as prescribed in paragraphs (b) through (f) of this section. Paragraph (e) provides the mechanism for a mine operator to allow placement of self contained selfrescuers (SCSRs) more than 25 feet away when necessary. The mine operator must apply to the District Manager of the Coal Mine Safety and Health district in which the mine is located for permission to place the SCSR more than 25 feet away.
Prior to the promulgation of the Emergency Evacuations rule, the mine operator submitted an application to the District Manager under Sec. 75.110123. The promulgation of the Emergency Evacuations rule removed Sec. 75.110123 and created Sec. 75.1502 (Mine emergency evacuation and firefighting program of instruction).
This technical amendment updates wording in Sec. 75.17142(e) to correctly reference the renumbered Sec. 75.1502 (Mine emergency evacuation and firefighting program of instruction).
List of Subjects in 30 CFR Part 75
Coal mines, Underground coal mining, Fire prevention, Mine safety and health.
Dated: February 13, 2004.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
Chapter I of title 30, part 75 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 75.17142 is amended by revising paragraph (e) introductory text to read as follows:
Sec. 75.17142 Selfrescue devices; use and location requirements. * * * * *
(e) A mine operator may apply to the District Manager under Sec.
75.1502 for permission to place the SCSR more than 25 feet away. * * * * *
[FR Doc. 043771 Filed 22004; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Marvin W. Nichols, Jr., Director,
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson Blvd., Room 2350, Arlington, Virginia 222093939,
Nichols.Marvin@dol.gov, (202) 6939440 (telephone), or (202) 6939441
(facsimile).