Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26441

(x) The Regional Director or Director

may request from an applicant

additional information necessary to

make the determinations required under

this section. An incomplete application

will not be considered until corrected in

writing.

(3) Issuance. (i) The Regional Director

or Director, as appropriate, will review

each application and will make a

determination whether the application

contains all of the required information,

is consistent with the goals, objectives,

and requirements of the FMP or

regulations and other applicable law,

and constitutes a valid exempted

educational activity. The applicant will

be notified in writing of the decision

within 5 working days of receipt of the

application.

(ii) The Regional Director or Director

may attach terms and conditions to the

authorization, consistent with the

purpose of the exempted educational

activity, including, but not limited to:

(A) The maximum amount of each

regulated species that may be harvested.

(B) The time(s) and place(s) where the

exempted educational activity may be

conducted.

(C) The type, size, and amount of gear

that may be used by each vessel

operated under the authorization.

(D) Reasonable data reporting

requirements.

(E) Such other conditions as may be

necessary to assure compliance with the

purposes of the authorization,

consistent with the objectives of the

FMP or regulations.

(F) Provisions for public release of

data obtained under the authorization,

consistent with NOAA confidentiality of

statistics procedures at part 603 of this

chapter. An applicant may be required

to waive the right to confidentiality of

information gathered while conducting

exempted educational activity as a

condition of the authorization.

(iii) The authorization will specify the

scope of the authorized activity and will

include, at a minimum, the duration,

vessel(s), species and gear involved in

the activity, as well as any additional

terms and conditions specified under

paragraph (d)(3)(ii) of this section.

(4) Duration. Unless otherwise

specified, authorization for an exempted

educational activity is effective for no

longer than 1 year, unless revoked,

suspended, or modified. Authorizations

may be renewed following the

application procedures in this section.

(5) Alteration. Any authorization that

has been altered, erased, or mutilated is

invalid.

(6) Transfer. Authorizations issued

under this paragraph (d) are not

transferable or assignable.

(7) Inspection. Any authorization

issued under this paragraph (d) must be

carried on board the vessel(s) for which

it was issued or be in possession of the

applicant to which it was issued while

the exempted educational activity is

being conducted. The authorization

must be presented for inspection upon

request of any authorized officer.

Activities that meet the definition of

‘‘fishing,’’ despite an educational

purpose, are fishing. An authorization

may allow covered fishing activities;

however, fishing activities conducted

outside the scope of an authorization for

exempted educational activities are

illegal.

[FR Doc. 96–13288 Filed 5–24–96; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219–AA11

Safety Standards for Underground

Coal Mine Ventilation

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Final rule; corrections.

SUMMARY: This document corrects errors

in the final rule for safety standards 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:

Background

On March 11, 1996, MSHA published

a final rule to revise its safety standards

for underground coal mine ventilation.

This document corrects several errors

that appeared in the preamble

discussion and in the final rule.

In the preamble discussion to § 75.313

Main mine fan stoppage with persons

underground, on page 9774, the second

column, 25 lines from the bottom, the

phrase ‘‘in nonventilated areas’’

inadvertently appears. This correction

notice deletes the phrase from the

preamble.

The final rule language of § 75.322,

Harmful quantities of noxious gases, is

incorrect. No changes were proposed to

§ 75.322 and the current version of

§ 75.322 that appears in the 1995

compilation of the Code of Federal

Regulations is correct. Therefore,

§ 75.322 is corrected to be the version

that appears in the 1995 compilation of

the Code of Federal Regulations.

The final rule language of § 75.325 Air

quantity, inadvertently omits the last

sentence of existing § 75.325(b). No

changes were proposed to § 75.325(b)

and the current version of § 75.325(b)

that appears in the 1995 compilation of

the Code of Federal Regulations is

correct. Therefore, § 75.325(b) is

corrected to be the version that appears

in the 1995 compilation of the Code of

Federal Regulations.

Paragraph (h) of § 75.333(h)

Ventilation controls, deals with the

maintenance of ventilation controls. In

the preamble and the rule, the word

‘‘permanent’’ inadvertently appears.

This correction notice deletes the word

‘‘permanent’’ from § 75.333(h) and from

the preamble of the rule in the last

sentence of the second column of page

9782. The preamble discussion in

columns 1 and 2 of page 9784 makes it

clear that § 75.333(h) is to apply to

temporary controls as well as permanent

controls, and that the word

‘‘permanent’’ therefore appeared in

error. As correctly stated on page 9784,

‘‘Given the importance of temporary

control devices in providing for

adequate ventilation, the final rule

requires all ventilation controls, both

permanent and temporary, including all

doors and seals, to be maintained to

serve the purpose for which they were

built.’’

The preamble for paragraph (g)(2) of

§ 75.362 On-shift examination, is

inconsistent with the language

appearing in the final rule. This

correction notice clarifies the intent of

the Agency that a certified person must

certify that the examination has been

completed. At page 9799 of the

preamble discussion, the preamble

correctly states that: ‘‘The final rule

deletes the word ‘certified,’ permitting

on-shift examinations of dust controls to

be conducted by one or more persons

who are not certified individuals.

However, the examination must still be

conducted under the direction of a

person designated by the operator and

as set out in paragraph (g)(2), a certified

person must certify that the examination

has been completed * * *.’’ The last

sentence at page 9801 in the preamble

discussion of the rule is inconsistent

with this explanation and this

correction document corrects the

sentence. Also, the word ‘‘certified’’ is

added to the rule.

In the last sentence of the final rule

language of paragraph (a)(2) of § 75.362

On-shift examination, on page 9839, the

second column, the word —additional—
26442 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

inadvertently appears. This correction

notice deletes the word from the rule.

The second sentence of the final rule

language of paragraph (a) of § 75.363

Hazardous conditions; posting,

correcting and recording, inadvertently

contains a phrase which limits the

application of the rule. The phrase

would exclude the application of

posting and correcting requirements of

§ 75.363 when a hazardous condition is

found during a preshift examination or

during a preshift type examination

conducted following a fan stoppage and

restart under § 75.313(d)(1)(i). As

proposed, MSHA’s intent is that the

§ 75.363 requirements for posting or

immediately correcting hazardous

conditions do apply to the preshift

examination and to preshift-type

examinations conducted following a fan

stoppage and restart under

§ 75.313(d)(1)(i). It is only the recording

requirements of § 75.363 that do not

extend to the § 75.360 and § 75.364

examinations since these examinations

contain their own recording

requirements. This correction notice

deletes the phrase that inadvertently

appears in the rule. Also, this correction

notice makes a conforming change to

the preamble of the rule. On page 9802

of the preamble to the final rule, the

second sentence of the second

paragraph in the first column is

corrected by this notice.

In the preamble to § 75.380

Escapeways; bituminous and lignite

mines, on page 9813, the second

column, 14 lines from the top, the date

‘‘September 15, 1992’’ is incorrect. The

correct date is ‘‘November 16, 1992,’’

which was the effective date of the 1992

final ventilation rule. This correction

notice deletes the incorrect date and

replaces it with the correct date. In

addition, a portion of the preamble

discussion for § 75.380 is inadvertently

repeated almost verbatim and is deleted

by this correction notice. Specifically,

the repetition of the preamble

discussion of § 75.380 begins with the

third full paragraph of the middle

column on page 9816 (the paragraph

begins, —Like the proposal, the final

rule * * *’’) and continues through the

end of the preamble discussion for

§ 75.380.

Correction of Publication

The preamble and final rule for safety

standards for underground coal mine

ventilation that appeared in the Federal

Register on March 11, 1996 (61 FR

9764) are corrected as follows:

1. In the preamble, on page 9774, in

the second column, 25 lines from the

bottom, the phrase ‘‘in nonventilated

areas’’ is removed.

2. In the preamble, on page 9782, in

the second column, last paragraph, the

last sentence is correctly revised to read

as ‘‘New paragraph (h) requires all

ventilation controls, including seals, to

be maintained to serve the purpose for

which they were built’’.

3. In the preamble, on page 9801, in

the last column, last paragraph, the last

sentence is correctly revised to read as

‘‘Under (g)(2), the certified person

directing the on-shift examination to

assure compliance with the respirable

dust control parameters specified in the

mine ventilation plan must certify by

initials, date, and time that the

examination was made.’’

4. In the preamble, on page 9802, in

the first column, the second sentence of

the second paragraph is correctly

revised to read as, ‘‘It specifies that

hazardous conditions shall be corrected

immediately or posted until the

conditions are corrected.’’

5. In the preamble, on page 9813, in

the second column, 14 lines from the

top, remove ‘‘September 15, 1992’’, and

add ‘‘November 16, 1992’’.

6. In the preamble, beginning on page

9816, in the second column, the third

full paragraph, through page 9820, to

the end of the first column is removed.

7. In the rule, on page 9832, in the

first column, § 75.322 is correctly

revised to read as:

§ 75.322 Harmful quantities of noxious

gases.

Concentrations of noxious or

poisonous gases, other than carbon

dioxide, shall not exceed the threshold

limit values (TLV) as specified and

applied by the American Conference of

Governmental Industrial Hygienists in

‘‘Threshold Limit Values for Substance

in Workroom Air’’ (1972). Detectors or

laboratory analysis of mine air samples

shall be used to determine the

concentrations of harmful, noxious, or

poisonous gases. This incorporation by

reference has been approved by the

Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51. Copies are available from

the Mine Safety and Health

Administration, Department of Labor,

4015 Wilson Boulevard, Arlington, VA

22203 and at every Coal Mine Health

and Safety District and Subdistrict

Office. The material is available for

examination at the Office of the Federal

Register, 800 N. Capitol Street, NW., 7th

Floor, suite 700, Washington, DC.

§ 75.325 [Corrected]

8. In the rule, on page 9833, in the

second column, § 75.325(b), a sentence

is added following the last sentence of

the first paragraph to read as follows:

* * * * *

(b) * * * This minimum also applies

to sections which are not operating but

are capable of producing coal by simply

energizing the equipment on the

section.

* * * * *

§ 75.333 [Corrected]

9. In the rule, on page 9835, in the

first column, § 75.333, paragraph (h), is

correctly revised to read as follows:

* * * * *

(h) All ventilation controls, including

seals, shall be maintained to serve the

purpose for which they were built.

§ 75.362 [Corrected]

10. In the rule, on page 9839, in the

second column, the last sentence,

§ 75.362, paragraph (a)(2), is correctly

revised to read as follows:

(a) * * *

(2) * * * Measurements of the air

velocity and quantity, water pressure

and flow rates are not required if

continuous monitoring of these controls

is used and indicates that the dust

controls are functioning properly.

* * * * *

11. In the rule, on page 9839, in the

third column, § 75.362, paragraph (g)(2),

is correctly revised to read as follows:

* * * * *

(g) * * *

(2) The certified person directing the

on-shift examination to assure

compliance with the respirable dust

control parameters specified in the mine

ventilation plan shall certify by initials,

date, and time that the examination was

made.

* * * * *

§ 75.363 [Corrected]

12. In the rule on page 9839, in the

third column, the second sentence of

§ 75.363, paragraph (a), is correctly

revised to read as follows:

(a) * * * A hazardous condition shall

be corrected immediately or the area

shall remain posted until the hazardous

condition is corrected. * * *

* * * * *

Dated: May 17, 1996.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 96–13275 Filed 5–22–96; 3:08 pm]

BILLING CODE 4510–43–P