Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules 50541

harassment campaign. To confirm that it may

disregard the 90 requests that constitute the

harassment campaign, Y must apply to the

district director for a determination. Y may

disregard the 90 requests while the

application is pending and after the

determination is received. However, it must

respond within the applicable time limits to

the 10 requests it received in March that were

not part of the harassment campaign.

Example 4. The facts are the same as in

Example 3, except that Y receives 5

additional requests from representatives of

the news media. In the past, some of these

representatives have published articles

criticizing Y. Some of these articles were

hostile to Y. Normally, the Internal Revenue

Service will not consider a tax-exempt

organization to be reasonable under

paragraph (d) of this section if it disregards

requests from members of the news media.

There are no additional facts that

demonstrate that Y could reasonably believe

the requests from the news media to be part

of X’s harassment campaign. Thus, although

Y is the subject of a harassment campaign, it

must respond within the applicable time

limits to the 5 requests that it received from

representatives of the news media.

(g) Effective date. This section is

effective beginning 60 days after its

publication as a final regulation in the

Federal Register.

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

[FR Doc. 97–25492 Filed 9–25–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

Self-Rescue Devices; Use and

Location Requirements

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Notice of a draft policy change;

request for comments.

SUMMARY: The Mine Safety and Health

Administration (MSHA) is requesting

comments on a change to a proposed

policy letter (PPL) relating to the

approval guidelines for storage plans for

Self-Contained Self-Rescue (SCSR)

Devices in underground coal mines.

MSHA is publishing this notice to

voluntarily afford an opportunity for

interested persons to comment on the

PPL before its anticipated issuance and

effective date.

DATES: Submit all comments on or

before November 25, 1997.

ADDRESSES: Comments may be

transmitted by electronic mail, fax or

mail. Comments by electronic mail must

be clearly identified as such and sent to

this e-mail address: psilvey@msha.gov.

Comments by fax must be clearly

identified as such and sent to: Mine

Safety and Health Administration,

Office of Standards, Regulations and

Variances, 703–235–5551. Send mail

comments to: Mine Safety and Health

Administration, Office of Standards,

Regulations and Variances, Room 631,

4015 Wilson Boulevard, Arlington,

Virginia 22203–1984. Interested persons

are encouraged to supplement written

comments with computer files or disks;

please contact the Agency with any

questions about format.

FOR FURTHER INFORMATION CONTACT:

Milton D. Conley, Division of Health,

Coal Mine Safety and Health, (703) 235–

1358.

SUPPLEMENTARY INFORMATION: MSHA

updates its policies for enforcement of

safety and health regulations through

Program Policy Letters (PPLs). These

PPLs are Agency interpretations of what

existing MSHA regulations require; they

are not new regulations. Therefore, PPLs

do not impose new requirements, but

explain or clarify how regulations work

or apply in a particular situation. These

PPLs are used by MSHA inspectors,

miners, mine operators, and mining

equipment manufacturers as guidance

in determining how best to comply with

MSHA regulations.

To increase public participation in

selected draft PPLs, MSHA is

voluntarily requesting comments and

suggestions from the public, especially

from people who would be directly

affected by the PPLs. By this notice,

MSHA is affording an opportunity for

public comment on a draft PPL that

addresses the storage plans for selfcontained self-rescuers in underground

coal mines. MSHA will consider all

timely submitted comments before

finalizing the PPL.

I. Background

MSHA standards at 30 CFR 75.1714

require, in part, that each mine operator

make available to each miner who

enters the mine an approved SelfContained Self-Rescue (SCSR) device

which is adequate to protect the miner

for one hour or longer. Section 75.1714–

2 addresses use and location

requirements for these devices. Under

this standard, the devices must be worn,

carried, or kept within 25 feet of the

miners, unless a storage plan has been

approved by the district manager.

The present SCSR storage plan policy,

as outlined in Volume V of MSHA’s

Program Policy Manual, requires the

storage cache of one-hour SCSRs to be

within 5 minutes travel time of the

affected miners on a working section.

This policy also allows for up to 10

minutes travel time to the SCSR storage

cache for miners in outby areas. The

SCSR storage caches are required to

contain a number of devices at least

equal to the number of miners who may

be required to use the devices at any

given time. The travel time and distance

to the SCSR storage cache is determined

by using an Escapeway and Distance

Chart.

In 1977, MSHA proposed, as part of

its rulemaking development of the SCSR

standard, that miners wear, carry or

keep the one-hour SCSR devices within

25 feet. Those devices (referred to as

first generation SCSRs) measure

approximately 10.5′′ x 7.75′′ x 3.375′′

and weigh about 8.5 pounds. By way of

comparison, these devices are about

three times the size and weight of the

approved filter-type self-rescue devices

that miners had been required to wear

or carry under the previous regulations.

Comments from the mining industry

expressed concern that the size and

weight of the one-hour SCSR devices

available at that time made it

impractical for miners to wear, carry or

keep these devices within 25 feet, and

in some cases exposed miners to a

hazard. As a result of these concerns,

the final rule includes provisions for

MSHA, upon request from a mine

operator, to approve storage plans on a

mine-by-mine basis, allowing miners to

be more than 25 feet from a one-hour

SCSR device. See 30 CFR 75.1714–2(e).

This provision also requires mine

operators to submit specific information

to justify a storage plan, and requires

miners who are further than 25 feet from

their one-hour SCSRs to wear or carry

an approved filter-type self-rescuer.

In an effort to improve SCSR

technology, a joint government task

force was formed in 1984. Its primary

charge was to determine if feasible

technology existed to develop a onehour SCSR device that was smaller and

lighter than the first generation devices,

and therefore could be more readily

worn, carried, or kept within 25 feet of

miners during the course of their work.

The task force members included

representatives from the Bureau of

Mines (BOM), the National Institute for

Occupational Safety and Health

(NIOSH), and MSHA. As a part of this

effort, the task force members worked

with representatives from the various

SCSR manufacturers, mine operators’

associations, and the United Mine

Workers of America (UMWA). This task

force work led to the development, by

the CSE Corporation of the CSE SR–100,

a second generation one-hour SCSR

device measuring approximately 7.75′′ x

5.5′′ x 4.0′′ and weighing about 5.7
50542 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules

pounds. This device is approximately

one-third smaller in size and weight

than the first generation device, is more

ergonomically designed, and is therefore

easier to wear or carry than the first

generation SCSRs. This device was

subjected to extensive in-mine testing,

and in 1990 received approval by

MSHA and NIOSH to be used

underground as a Person Wearable-SelfContained Self-Rescuer (PW–SCSR).

Shortly thereafter, Draeger developed

the OXY K Plus, and the Mine Safety

Appliances Company (MSA) developed

the Portal-Pack. These are similar

devices that were also approved by

MSHA and NIOSH as one-hour SCSR

devices. All three devices, CSE SR–100,

Draeger OXY K Plus, and MSA PortalPack, are approximately the same size

and weight, and are referred to by

MSHA as second generation PW–SCSR

devices.

In May of 1992, the Assistant

Secretary for MSHA convened a

government, labor, and industry task

group to study the wearability of the

second generation devices and the SCSR

storage plan guidelines. It included

representatives from the BOM, NIOSH,

MSHA, UMWA, mine operators’

associations, and SCSR manufacturers.

The final task group report was released

in July, 1994. Wearability survey results

from miners and inspectors who wore

the second generation devices indicated

the improved wearability of these

devices. However, the size and weight

of the second generation devices in

some circumstances could create a

problem for miners who work in

confined spaces such as equipment

operators and mechanics. The report

also stressed the importance of all

miners wearing, carrying or keeping

their SCSRs as close as possible at all

times. However, where in-mine

conditions made this difficult, the task

group supported MSHA’s approval of

storage plans as part of the overall mine

evacuation plan.

In January, 1995, as part of the

MSHA-sponsored Mine Emergency

Preparedness Seminar, Agency

personnel met with representatives from

SCSR manufacturers, mine operators’

associations, and labor representatives.

The primary purpose of those

discussions was to identify problems

the mining community was continuing

to face regarding the use of SCSR

devices. The participants identified

approximately twenty problems that

generally were classified as follows: (1)

Size and weight of the second

generation devices; (2) restrictiveness of

the 25-foot rule; and (3) approval of

storage plans on a mine-by-mine basis

only.

MSHA is continuing to work with

manufacturers to encourage the

development of a one-hour SCSR device

that would be widely accepted as

person wearable for all occupations.

Comments from the industry indicate

that this would mean the development

of a one-hour SCSR that is closer to the

size and weight of the approved filter

self-rescue devices that miners have

worn or carried for many years. MSHA

recognizes that this will be a difficult

task to achieve with present technology.

However, we will continue to work with

the manufacturers toward that goal. In

September 1996, MSA received MSHA/

NIOSH approval for the Life-Saver 60

SCSR. This indicates that manufacturers

are willing to continue their efforts to

further develop SCSR devices that meet

the needs of the industry.

II. Draft Policy Objectives

MSHA is interested in receiving

comments on the following draft

changes to the existing SCSR storage

policy. A key objective of these changes

is to recognize that improvements in

SCSR technology and design over the

past 15 years have produced smaller,

lighter, and more ergonomically suitable

devices. As a result, it is possible for a

significant number of miners to wear or

carry their one-hour SCSRs, making the

devices more readily accessible and

available to miners in the event of an

emergency. This needs to be reflected in

MSHA’s policy on SCSR storage.

The draft policy changes are also

intended to respond to the concerns

expressed by miners, mine operators,

and manufacturers that: (1) The size and

weight of the second generation SCSR

devices still make it difficult for some

miners to wear, carry, or keep the

devices within 25 feet; (2) the 25-foot

requirement in the SCSR standard is too

restrictive in that miners who wear,

carry, or keep their SCSRs within 25 feet

may inadvertently leave the one-hour

devices when, for example, they go to

the dinner hole, go for supplies, or help

move trailing cables; (3) storage plans

should be approved on a mine-by-mine

basis; (4) MSHA should develop

uniform national procedures for

approving storage plans; and (5) the

policy should not impede the

development and use of new

technology.

III. Draft Revised Policy

SCSR Storage Location Guidelines

Mine operators who provide their

miners with one-hour SCSRs that are

worn, carried, or kept within 25 feet of

them at all times while underground are

not required to have a storage plan, and

only one SCSR for each miner

underground is needed.

Mine operators, who choose to

request approval to store the one-hour

SCSRs more than 25 feet from miners,

must minimize the travel time to the

SCSR storage caches and should deploy

additional SCSRs, as outlined below, to

ensure that all miners have ready access

to one-hour SCSRs in the event of an

emergency requiring the use of such

devices.

1. Miners Who Work or Travel in Outby

Areas of a Mine

Miners who work or travel in outby

areas of a mine should either wear or

carry their one-hour SCSRs with them at

all times. If the mine operator, in

consultation with the miners, believes it

would be difficult for certain miners to

perform their work while wearing or

carrying their one-hour devices and

wants the one-hour SCSRs to be stored

for such miners, the mine operator must

request that the district manager

approve a storage plan allowing such

miners to be more than 25 feet from

their one-hour SCSRs. A storage plan for

miners who work or travel in outby

areas of a mine must include a provision

requiring the affected miners to wear an

approved filter type self-rescuer or,

utilizing new SCSR technology, wear an

approved SCSR which provides less

than one-hour of protection. It also

should: (1) Specify the proposed storage

locations for the one-hour SCSRs, which

should always be within a distance that

can be traveled by miners at a normal

pace within five minutes; and (2) set the

number of one-hour SCSRs in each of

these storage locations to equal or

exceed the total number of miners who

may be relying on the use of these

devices at any given time. The five

minute travel distance should be

determined based on actual in-mine

conditions rather than on the current

Escapeway and Distance Chart. Before

approving any storage locations

proposed by the mine operator for the

one-hour SCSRs, the district manager

should verify that any proposed cache

would always be within a distance that

can be traveled at a normal pace in five

minutes or less from these miners.

2. Miners on Continuous or

Conventional Mining Sections

Miners who work on or around

equipment, such as continuous miner

operators, roof bolting machine

operators, and shuttle car operators and

their helpers, should place their onehour SCSRs in a readily accessible

location on the equipment if they do not

wear or carry them. If such miners place

their one-hour SCSRs on their
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules 50543

equipment and take the devices with

them when they are going to be further

than 25 feet from that equipment, a

storage plan is not required. Mine

operators and manufacturers are

encouraged to develop compartments on

the equipment to ensure safe storage for

the devices.

If the mine operator, in consultation

with the miners, believes that it would

be difficult or impractical for such

miners to take their one-hour SCSRs

with them when they may be further

than 25 feet from their equipment, the

mine operator must request that the

district manager approve a storage plan

allowing these equipment operators and

helpers to be more than 25 feet from

their one-hour SCSRs on the equipment.

A storage plan for these miners must

include a provision requiring the

affected miners to wear an approved

filter type self-rescuer or, utilizing new

SCSR technology, wear an approved

SCSR which provides less than one

hour of protection. It also should: (1)

Establish a designated section storage

cache for one-hour SCSRs, in addition

to the SCSRs on the equipment, which

should always be within a distance that

can be traveled by miners at a normal

pace within three minutes; and (2) set

the number of one-hour SCSRs in the

proposed storage location to equal or

exceed the total number of miners that

normally work on the affected section.

The three minute travel distance should

be determined based on actual in-mine

conditions rather than on the current

Escapeway and Distance Chart. Before

approving the designated section storage

cache of additional SCSRs proposed by

the mine operator, the district manager

should verify that the proposed cache

would always be within a distance that

can be traveled by miners at a normal

pace in three minutes or less.

Miners on continuous or conventional

sections who perform work that does

not include the use of mobile

equipment, such as foremen, mechanics,

and general laborers, should wear, carry

or keep their one-hour SCSRs within 25

feet. If the mine operator, in

consultation with the miners, believes

that it would be difficult or impractical

for such miners to do so, the mine

operator must request that the district

manager approve a storage plan

permitting these miners to be further

than 25 feet from their one-hour SCSRs.

The plan must include a provision

requiring the affected miners to wear an

approved filter type self-rescuer or,

utilizing new SCSR technology, wear an

approved SCSR which provides less

than one hour of protection. It also

should: (1) Establish a designated

section storage cache for one-hour

SCSRs which should always be within

a distance that can be traveled by

miners at a normal pace within three

minutes; and (2) set the number of onehour SCSRs in the proposed storage

location to equal or exceed the total

number of such miners that normally

work on the affected section. The three

minute travel distance should be

determined based on actual in-mine

conditions rather than on the current

Escapeway and Distance Chart. Before

approving the designated section storage

cache of SCSRs proposed by the mine

operator, the district manager should

verify that the proposed cache would

always be within a distance that can be

traveled by miners at a normal pace in

three minutes or less.

3. Miners on Longwall Mining Sections

Miners who work on longwall mining

sections should wear or carry their onehour SCSRs. If the mine operator, in

consultation with the miners, believes

that it would be difficult for longwall

miners to perform their work on the

longwall face while wearing or carrying

their devices, the mine operator must

request that the district manager

approve a storage plan permitting these

miners to be further than 25 feet from

their one-hour SCSRs. The plan must

include a provision requiring the

affected miners to wear an approved

filter type self-rescuer or, utilizing new

SCSR technology, wear an approved

SCSR which provides less than one

hour of protection. It also should: (1)

Locate storage caches at the headgate

and tailgate ends of the longwall; (2)

provide miners on the longwall section

with additional SCSRs located on the

longwall face so they are no further than

three minutes travel time from the onehour devices; and (3) set the number of

one-hour SCSRs located at each

headgate and tailgate cache and on the

face to equal or exceed the number of

miners who normally work on the

longwall mining section. The three

minute travel distance should be

determined based on actual in-mine

conditions rather than on the current

Escapeway and Distance Chart. Before

approving the location for the additional

face SCSRs proposed by the mine

operator, the district manager should

verify that longwall miners would

always be within three minutes or less

of one-hour devices in the headgate,

tailgate, or on the face traveling at a

normal pace.

4. Miners Working in Specific Outby

Areas

Miners working in specific outby

areas, such as belt installers, track

layers, and construction workers,

should wear, carry, or keep their onehour SCSRs in a readily accessible

location within 25 feet. If the mine

operator, in consultation with the

miners, believes it is difficult or

impractical for these miners to perform

their work while wearing or carrying

their one-hour devices, the operator

must request that the district manager

approve a storage plan permitting these

miners to be further than 25 feet from

their one-hour SCSRs. A storage plan for

miners working in specific outby areas

of a mine must include a provision

requiring the affected miners to wear an

approved filter type self-rescuer or,

utilizing new SCSR technology, wear an

approved SCSR which provides less

than one hour of protection. It also

should: (1) Establish a designated

storage location for one-hour SCSRs that

should always be within a distance that

can be traveled by the affected miners

at a normal pace within three minutes;

and (2) set the number of one-hour

SCSRs in the designated storage cache

to equal or exceed the number of miners

working in the specific area at any given

time. The storage plan may describe the

typical arrangement proposed since the

area where this type of miner works

changes periodically. The three minute

travel distance should be determined

based on actual in-mine conditions

rather than on the current Escapeway

and Distance Chart. Before approving

the storage cache proposed by the mine

operator, the district manager should

verify that the location would always be

within a distance that can be traveled by

miners at a normal pace in three

minutes or less.

IV. Other Matters Bearing Upon the

Safety of Miners

1. Storage Methods and Procedures

Storage plans submitted for district

manager approval must contain

provisions ensuring that all designated

storage caches: (1) Are readily

identifiable; (2) are easily accessible and

direct miners to the nearest intake

escapeway; and (3) are adequately

protected from the mining environment.

2. Training

All mine operators who request

approval to store more than one type of

one-hour SCSR must include a

provision in their SCSR storage plans

detailing the training to be provided to

ensure that all miners have the ability

to satisfactorily don and use each type

of filter self-rescuer and SCSR device

deployed at their mines.
50544 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules

V. Final Policy Effective Date

Mine operators who submit new

SCSR storage plans for approval after

the date the notice of final policy

change is issued should address the

factors outlined in 30 CFR Section

75.1714–2(e)(1)(I) through (xi), and

should provide the additional SCSR

protection set out in the final policy

change notice.

Mine operators with currently

approved SCSR storage plans who

choose to continue storing the one-hour

SCSR devices should revise their storage

plans to provide the additional SCSR

protection set out above within two

years from the date of the final notice of

policy change.

Dated: September 19, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 97–25633 Filed 9–25–97; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 206

RIN 1010–AC09

Workshops on Proposed Rule—

Establishing Oil Value for Royalty Due

on Federal Leases

AGENCY: Minerals Management Service,

Interior.

ACTION: Notice of workshops.

SUMMARY: The Minerals Management

Service (MMS) has reopened the public

comment period under a proposed rule

published in the Federal Register on

January 24, 1997 (62 FR 3742),

amending the royalty valuation

regulations for crude oil produced from

Federal leases. In the July 3, 1997,

Federal Register (62 FR 36030), we

published a supplementary notice of

proposed rulemaking. We received a

variety of comments on the proposed

and supplementary proposed rules. In

the September 22, 1997, Federal

Register, we published a summary of

these comments, outlined alternatives

for proceeding with further rulemaking,

and requested public comment on those

or other suggested alternatives.

Comments on the notice reopening the

comment period must be submitted to

MMS by October 22, 1997.

MMS will hold three workshops to

discuss alternatives for proceeding with

the rulemaking. The sole purpose of

these workshops is to obtain comments

on the alternatives described in the

September 22, 1997, Federal Register

notice, or any new alternatives or

modifications to the proposed

alternatives for MMS’s consideration.

We are not requesting comments on the

original proposed rule or the

supplemental proposed rule, nor on the

summary of comments outlined in the

September 22, 1997, Federal Register

notice. Interested parties are invited to

attend and participate in these

workshops.

DATES: The workshops will be held as

follows:

Workshop 1: Lakewood, Colorado, on

September 30, 1997, and October 1,

1997, beginning at 9 a.m. each day and

ending at 5 p.m. on September 30, 1997,

and ending at 3 p.m. on October 1, 1997,

Mountain time.

Workshop 2: Houston, Texas, on

October 7 and 8, 1997, beginning at 9

a.m. each day and ending at 5 p.m. on

October 7, 1997, and 3 p.m. on October

8, 1997, Central time.

Workshop 3: Houston, Texas, on

October 14, 1997, beginning at 9 a.m.

and ending at 4 p.m. Central time.

ADDRESSES: Workshop 1 will be held at

the Golden Hill Office Complex, 12600

West Colfax Avenue, Suite C–300,

Lakewood, Colorado 80225–0165;

telephone (303) 275–7200. Workshops 2

and 3 will be held in the Houston

Compliance Division Office, Minerals

Management Service, 4141 North Sam

Houston Parkway East, Houston, Texas

77032; telephone (281) 987–6802.

FOR FURTHER INFORMATION CONTACT:

David S. Guzy, Chief, Rules and

Publications Staff, Royalty Management

Program, Minerals Management Service,

P.O. Box 25165, MS 3021, Denver,

Colorado 80225–0165; telephone (303)

231–3432; fax number (303) 231–3385;

e-Mail DavidlGuzy@mms.gov.

SUPPLEMENTARY INFORMATION: MMS has

invited two representatives each from

five industry trade associations and

from five States to participate in a round

table discussion of the alternatives at

Workshops 1 and 2. These two

workshops will be open to the public to

observe the discussions. We ask for the

cooperation of States and industry trade

associations in limiting the people in

attendance so that we may assure a

productive dialogue of the alternatives

among the round table participants.

Workshop 3 will be open to the public

without advance registration. We

encourage a workshop atmosphere;

members of the public are encouraged to

participate in a discussion of the

alternatives. For building security

measures, each person may be required

to present a picture identification to

gain entry to the meeting.

Dated: September 22, 1997.

Lucy Querques Denett,

Associate Director for Royalty Management.

[FR Doc. 97–25515 Filed 9–25–97; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–047]

RIN 2115–AE46

Special Local Regulations; City of

Augusta, GA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish temporary special local

regulations for the Augusta Port

Authority’s Head of the South Rowing

Regatta. The event will be held from

7:00 a.m. to 6:00 p.m. Eastern Standard

Time (EST) on November 7 and 8, 1997,

on the Savannah River at Augusta, GA.

These regulations are necessary for the

safety of life on the navigable waters

during the event.

DATES: Comments must be received on

or before October 27, 1997.

ADDRESSES: Comments may be mailed to

Commander, U.S. Coast Guard Group

Charleston, 196 Tradd Street,

Charleston, SC 29401, or may be

delivered to the Operations Office at the

same address between 7:30 a.m. and

3:30 p.m. Monday through Friday,

except federal holidays. The telephone

number is (803) 724–7621.

The Group Commander maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT:

LTJG M.J. DaPonte, Project Manager,

Coast Guard Group Charleston at (803)

724–7621.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their name

and address, identify this rulemaking

(CGD7 97–047) and the specific section

of this proposal to which each comment

applies, and give a reason for each

comment. Persons desiring

acknowledgment of receipt of comments