Emergency Evacuations, 36346-36347 [05-12371]

Download as PDF 36346 Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Rules and Regulations Background following May 23, 2005.’’ and adding the 2005–23, I.R.B. 1203, issued language ‘‘August 22, 2005.’’ in its place. thereunder.’’. Cynthia Grigsby, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 05–12384 Filed 6–22–05; 8:45 am] Cynthia Grigsby, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 05–12403 Filed 6–22–05; 8:45 am] BILLING CODE 4830–01–P BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY DEPARTMENT OF LABOR Internal Revenue Service Mine Safety and Health Administration 26 CFR Part 1 RIN 1219–AB33 30 CFR Parts 72 and 75 [TD 9206] Emergency Evacuations RIN 1545–BE12 Mine Safety and Health Administration (MSHA), Labor. ACTION: Final rule; correcting amendments. AGENCY: Information Returns by Donees Relating to Qualified Intellectual Property Contributions; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to temporary regulations. AGENCY: SUMMARY: This document contains a correction to TD 9206 which was published in the Federal Register on Monday, May 23, 2005 (70 FR 29450) providing guidance for the filing of information returns by donees relating to qualified intellectual property contributions. This correction is effective May 23, 2005. FOR FURTHER INFORMATION CONTACT: Donnell M. Rini-Swyers, (202) 622–4910 (not a toll-free number). SUPPLEMENTARY INFORMATION: DATES: Background The temporary regulation (TD 9206) that is the subject of this correction is under section 6050 of the Internal Revenue Code. Need for Correction As published, TD 9206, contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the temporary regulations (TD 9206), that was the subject of FR Doc 05–10229, is corrected as follows: I On page 29451, column 2, in the preamble under the paragraph heading ‘‘Explanation of Provisions’’, third full paragraph, line 8, the language, ‘‘Notice 2005–XX issued thereunder.’’ is corrected to read ‘‘Notice 2005–41, I VerDate jul<14>2003 19:30 Jun 22, 2005 Jkt 205001 SUMMARY: This document makes correcting amendments to four existing standards that are affected by an MSHA rulemaking concerning emergency evacuations in underground coal mines. The rule revised and renumbered an existing standard, but did not update cross-references to that standard. This document updates these crossreferences, and makes a non-substantial correction to the wording in a separate reference. DATES: Effective June 23, 2005. FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director, Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson Blvd., Room 2313, Arlington, Virginia 22209– 3939, smith.rebecca@dol.gov, (202) 693– 9440 (telephone), (202) 693–9441 (facsimile). This document is available at https://www.msha.gov. SUPPLEMENTARY INFORMATION: Administrative Procedure Act MSHA has determined that public notice and comment is unnecessary for this action. The correcting amendments contained in this final rule replace outdated references to § 75.1101–23, which no longer exists, with correct references to § 75.1502 and are non substantive in nature. Accordingly, for ‘‘good cause’’ under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), MSHA finds that notice and comment procedures are unnecessary in this action. For the same reason, it has been determined that in accordance with 5 U.S.C. 553(d), there is good cause to make these changes effective on the date of publication in the Federal Register. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 On December 12, 2002 (67 FR 76658), MSHA published an emergency temporary standard (ETS) to address dangers to which underground coal miners are exposed during mine fire, explosion, and gas or water inundation emergencies. Section 101(b) of the Federal Mine Safety and Health Act of 1977 specifies that an ETS also serves as a proposed rule, and requires publication of the final rule within nine months after the ETS is published. The final rule, published on September 9, 2003 (68 FR 53037), created §§ 75.1501 (Emergency evacuations) and 75.1502 (Mine emergency evacuation and firefighting program of instruction); amended § 48.8 (Annual refresher training of miners; minimum courses of instruction; hours of instruction), and removed § 75.1101– 23 (Program of instruction; location and use of fire fighting equipment; location of escapeways, exits and routes of travel; evacuation procedures; fire drills). Section 75.1502 was derived from § 75.1101–23 and applies to all mine emergencies resulting from fire, explosion, or gas or water inundation. Additionally, § 75.1502 provides that before any MSHA-approved revision to the emergency evacuation and firefighting program of instruction is implemented, persons affected by the revision must be instructed about any new provisions. Cross-references to formerly existing § 75.1101–23 are still contained in §§ 72.502(c), (Requirements for nonpermissible light-duty dieselpowered equipment other than generators and compressors); 75.383(c), (Escapeway maps and drills); 75.1908(d), (Nonpermissible dieselpowered equipment; categories); and 75.1912(c), (Fire suppression systems for permanent underground diesel fuel storage facilities). The updates to these cross-references were inadvertently omitted from the rule. On February 23, 2004 a Federal Register notice (69 FR 8107) corrected § 75.1714–2(e), (Selfrescue devices; use and location requirements) by replacing the outdated cross-reference to § 75.1101–23 with a cross-reference to § 75.1502. This document updates the remaining crossreferences. Additionally, this document revises § 72.502(a) by replacing the word ‘‘part’’ with the word ‘‘chapter’’ to correctly identify the reference to § 75.1908(d). E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Rules and Regulations Discussion of Changes Section 72.502(c) Requirements for Nonpermissible Light-Duty DieselPowered Equipment Other than Generators and Compressors Section 72.502 establishes diesel particulate matter emission limits for certain light-duty diesel-powered equipment in underground coal mines. Paragraph (c) exempts all dieselpowered ambulances and fire fighting equipment being used in accordance with the required fire fighting and evacuation plan, and cites § 75.1101–23 as the authority for the plan. This document replaces the reference to § 75.1101–23 with the correct reference to existing § 75.1502 and has no substantive impact on § 72.502(c). Section 75.383(c) Escapeway Maps and Drills Section 75.383 establishes requirements for posting escapeway maps and conducting escapeway drills underground. Paragraph (c) states that these drills ‘‘may be used to satisfy the evacuation specifications of the fire drills required by § 75.1101–23.’’ This document replaces the reference to § 75.1101–23 with the correct reference to § 75.1502 and has no substantive impact on § 75.383(c). Section 75.1908(d) Nonpermissible Diesel-Powered Equipment; Categories Section 75.1908 categorizes nonpermissible diesel-powered equipment used in underground coal mines for the purpose of determining engine performance and exhaust emissions requirements under part 7 and design requirements under §§ 75.1909 and 75.1910. Paragraph (d) exempts dieselpowered ambulances and other rescue equipment from these requirements, provided this equipment is used only for rescue activities in accordance with the mine’s emergency evacuation and fire fighting plan, and cites § 75.1101–23 as the authority for this plan. This document replaces the reference to § 75.1101–23 with the correct reference to existing § 75.1502 and has no substantive impact on § 75.1908(d). Section 75.1912(c) Fire Suppression Systems for Permanent Underground Diesel Fuel Storage Facilities Section 75.1912 establishes requirements for fire suppression systems on permanent underground diesel fuel storage facilities. Paragraph (c) requires audible and visual alarms at the protected area and at the surface to warn of fire and system faults. These alarms are intended primarily to warn people in the immediate area and to VerDate jul<14>2003 19:30 Jun 22, 2005 Jkt 205001 36347 alert persons at the surface who are monitoring the fire suppression system. Paragraph (c) reflects this intent by specifying that in the event of a mine fire ‘‘personnel shall be warned in accordance with the provisions set forth in § 75.1101–23.’’ This document replaces the reference to § 75.1101–23 with the correct reference to existing § 75.1502 and has no substantive impact on § 75.1912(c). DEPARTMENT OF HOMELAND SECURITY Dated: June 16, 2005. David G. Dye, Acting Assistant Secretary of Labor for Mine Safety and Health. Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments List of Subjects in 30 CFR Parts 72 and 75 Coast Guard 33 CFR Parts 88, 101, 117, 151, 154, 155, 159, and 161 USCG–2005–21531 RIN 1625–ZA04 Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: This rule makes nonsubstantive changes throughout Title 33 Coal mines, Underground coal of the Code of Federal Regulations. The mining, Fire prevention, Mine safety purpose of this rule is to make and health. conforming amendments and technical corrections to Coast Guard navigation I Accordingly, 30 CFR parts 72 and 75 are corrected by the following correcting and navigable water regulations. This rule will have no substantive effect on amendments: the regulated public. PART 72—HEALTH STANDARDS FOR DATES: This final rule is effective June COAL MINES 23, 2005. ADDRESSES: Comments and material I 1. The authority citation for part 72 received from the public, as well as continues to read as follows: documents mentioned in this preamble Authority: 30 U.S.C. 811, 813(h), 957, 961. as being available in the docket, are part of docket USCG–2005–21531 and are § 72.502 [Corrected] available for inspection or copying at the Docket Management Facility, U.S. I 2. In paragraph (a), in the first Department of Transportation, room PL– sentence, remove the word ‘‘part’’ and 401, 400 Seventh Street SW., add ‘‘chapter’’ in its place. Washington, DC, between 9 a.m. and 5 I 3. In paragraph (c), in the last sentence, p.m., Monday through Friday, except remove the term ‘‘§ 75.1101–23’’ and add Federal holidays. You may also find this ‘‘§ 75.1502’’ in its place. docket on the Internet at https:// dms.dot.gov. PART 75—MANDATORY SAFETY FOR FURTHER INFORMATION CONTACT: If STANDARDS—UNDERGROUND COAL you have questions on this rule, call Mr. MINES Ray Davis, Coast Guard, telephone 202– 267–6826. If you have questions on I 4. The authority citation for part 75 viewing the docket, call Ms. Andrea M. continues to read as follows: Jenkins, Program Manager, Docket Authority: 30 U.S.C. 811. Operations, telephone 202–366–0271. SUPPLEMENTARY INFORMATION: § 75.383 [Corrected] 5. In paragraph (c), remove the term ‘‘§ 75.1101–23’’ and add ‘‘§ 75.1502’’ in its place. I § 75.1908 [Corrected] 6. In paragraph (d), remove the term ‘‘§ 75.1101–23’’ and add ‘‘§ 75.1502’’ in its place. I § 75.1912 [Corrected] 7. In paragraph (c), remove the term ‘‘§ 75.1101–23’’ and add ‘‘§ 75.1502’’ in its place. I [FR Doc. 05–12371 Filed 6–22–05; 8:45 am] BILLING CODE 4510–43–P PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 Regulatory History We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard finds that this rule is exempt from notice and comment rulemaking requirements because these changes involve agency organization and practices, and good cause exists for not publishing an NPRM for all revisions in the rule because they are all nonsubstantive changes. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Rules and Regulations]
[Pages 36346-36347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12371]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

RIN 1219-AB33

30 CFR Parts 72 and 75


Emergency Evacuations

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Final rule; correcting amendments.

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SUMMARY: This document makes correcting amendments to four existing 
standards that are affected by an MSHA rulemaking concerning emergency 
evacuations in underground coal mines. The rule revised and renumbered 
an existing standard, but did not update cross-references to that 
standard. This document updates these cross-references, and makes a 
non-substantial correction to the wording in a separate reference.

DATES: Effective June 23, 2005.

FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Blvd., Room 2313, Arlington, Virginia 22209-3939, 
smith.rebecca@dol.gov, (202) 693-9440 (telephone), (202) 693-9441 
(facsimile). This document is available at https://www.msha.gov.

SUPPLEMENTARY INFORMATION:

Administrative Procedure Act

    MSHA has determined that public notice and comment is unnecessary 
for this action. The correcting amendments contained in this final rule 
replace outdated references to Sec.  75.1101-23, which no longer 
exists, with correct references to Sec.  75.1502 and are non 
substantive in nature. Accordingly, for ``good cause'' under the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), MSHA finds 
that notice and comment procedures are unnecessary in this action. For 
the same reason, it has been determined that in accordance with 5 
U.S.C. 553(d), there is good cause to make these changes effective on 
the date of publication in the Federal Register.

Background

    On December 12, 2002 (67 FR 76658), MSHA published an emergency 
temporary standard (ETS) to address dangers to which underground coal 
miners are exposed during mine fire, explosion, and gas or water 
inundation emergencies.
    Section 101(b) of the Federal Mine Safety and Health Act of 1977 
specifies that an ETS also serves as a proposed rule, and requires 
publication of the final rule within nine months after the ETS is 
published. The final rule, published on September 9, 2003 (68 FR 
53037), created Sec. Sec.  75.1501 (Emergency evacuations) and 75.1502 
(Mine emergency evacuation and firefighting program of instruction); 
amended Sec.  48.8 (Annual refresher training of miners; minimum 
courses of instruction; hours of instruction), and removed Sec.  
75.1101-23 (Program of instruction; location and use of fire fighting 
equipment; location of escapeways, exits and routes of travel; 
evacuation procedures; fire drills).
    Section 75.1502 was derived from Sec.  75.1101-23 and applies to 
all mine emergencies resulting from fire, explosion, or gas or water 
inundation. Additionally, Sec.  75.1502 provides that before any MSHA-
approved revision to the emergency evacuation and firefighting program 
of instruction is implemented, persons affected by the revision must be 
instructed about any new provisions.
    Cross-references to formerly existing Sec.  75.1101-23 are still 
contained in Sec. Sec.  72.502(c), (Requirements for nonpermissible 
light-duty diesel-powered equipment other than generators and 
compressors); 75.383(c), (Escapeway maps and drills); 75.1908(d), 
(Nonpermissible diesel-powered equipment; categories); and 75.1912(c), 
(Fire suppression systems for permanent underground diesel fuel storage 
facilities). The updates to these cross-references were inadvertently 
omitted from the rule. On February 23, 2004 a Federal Register notice 
(69 FR 8107) corrected Sec.  75.1714-2(e), (Self-rescue devices; use 
and location requirements) by replacing the outdated cross-reference to 
Sec.  75.1101-23 with a cross-reference to Sec.  75.1502. This document 
updates the remaining cross-references.
    Additionally, this document revises Sec.  72.502(a) by replacing 
the word ``part'' with the word ``chapter'' to correctly identify the 
reference to Sec.  75.1908(d).

[[Page 36347]]

Discussion of Changes

Section 72.502(c) Requirements for Nonpermissible Light-Duty Diesel-
Powered Equipment Other than Generators and Compressors

    Section 72.502 establishes diesel particulate matter emission 
limits for certain light-duty diesel-powered equipment in underground 
coal mines. Paragraph (c) exempts all diesel-powered ambulances and 
fire fighting equipment being used in accordance with the required fire 
fighting and evacuation plan, and cites Sec.  75.1101-23 as the 
authority for the plan. This document replaces the reference to Sec.  
75.1101-23 with the correct reference to existing Sec.  75.1502 and has 
no substantive impact on Sec.  72.502(c).

Section 75.383(c) Escapeway Maps and Drills

    Section 75.383 establishes requirements for posting escapeway maps 
and conducting escapeway drills underground. Paragraph (c) states that 
these drills ``may be used to satisfy the evacuation specifications of 
the fire drills required by Sec.  75.1101-23.'' This document replaces 
the reference to Sec.  75.1101-23 with the correct reference to Sec.  
75.1502 and has no substantive impact on Sec.  75.383(c).

Section 75.1908(d) Nonpermissible Diesel-Powered Equipment; Categories

    Section 75.1908 categorizes non-permissible diesel-powered 
equipment used in underground coal mines for the purpose of determining 
engine performance and exhaust emissions requirements under part 7 and 
design requirements under Sec. Sec.  75.1909 and 75.1910. Paragraph (d) 
exempts diesel-powered ambulances and other rescue equipment from these 
requirements, provided this equipment is used only for rescue 
activities in accordance with the mine's emergency evacuation and fire 
fighting plan, and cites Sec.  75.1101-23 as the authority for this 
plan. This document replaces the reference to Sec.  75.1101-23 with the 
correct reference to existing Sec.  75.1502 and has no substantive 
impact on Sec.  75.1908(d).

Section 75.1912(c) Fire Suppression Systems for Permanent Underground 
Diesel Fuel Storage Facilities

    Section 75.1912 establishes requirements for fire suppression 
systems on permanent underground diesel fuel storage facilities. 
Paragraph (c) requires audible and visual alarms at the protected area 
and at the surface to warn of fire and system faults. These alarms are 
intended primarily to warn people in the immediate area and to alert 
persons at the surface who are monitoring the fire suppression system. 
Paragraph (c) reflects this intent by specifying that in the event of a 
mine fire ``personnel shall be warned in accordance with the provisions 
set forth in Sec.  75.1101-23.'' This document replaces the reference 
to Sec.  75.1101-23 with the correct reference to existing Sec.  
75.1502 and has no substantive impact on Sec.  75.1912(c).

    Dated: June 16, 2005.
David G. Dye,
Acting Assistant Secretary of Labor for Mine Safety and Health.

List of Subjects in 30 CFR Parts 72 and 75

    Coal mines, Underground coal mining, Fire prevention, Mine safety 
and health.

0
Accordingly, 30 CFR parts 72 and 75 are corrected by the following 
correcting amendments:

PART 72--HEALTH STANDARDS FOR COAL MINES

0
1. The authority citation for part 72 continues to read as follows:

    Authority: 30 U.S.C. 811, 813(h), 957, 961.


Sec.  72.502  [Corrected]

0
2. In paragraph (a), in the first sentence, remove the word ``part'' 
and add ``chapter'' in its place.

0
3. In paragraph (c), in the last sentence, remove the term ``Sec.  
75.1101-23'' and add ``Sec.  75.1502'' in its place.

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

0
4. The authority citation for part 75 continues to read as follows:

    Authority: 30 U.S.C. 811.


Sec.  75.383  [Corrected]

0
5. In paragraph (c), remove the term ``Sec.  75.1101-23'' and add 
``Sec.  75.1502'' in its place.


Sec.  75.1908  [Corrected]

0
6. In paragraph (d), remove the term ``Sec.  75.1101-23'' and add 
``Sec.  75.1502'' in its place.


Sec.  75.1912  [Corrected]

0
7. In paragraph (c), remove the term ``Sec.  75.1101-23'' and add 
``Sec.  75.1502'' in its place.

[FR Doc. 05-12371 Filed 6-22-05; 8:45 am]
BILLING CODE 4510-43-P