53124 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

and test the apparatus at intervals not 

exceeding 30 days and shall certify by 

signature and date that the inspections 

and tests were done. 

(2) When the inspection indicates that 

a corrective action is necessary, the 

corrective action shall be made and the 

person shall record the corrective action 

taken. 

(3) The certification and the record of 

corrective action shall be maintained at 

the mine rescue station for a period of 

1 year and made available on request to 

an authorized representative of the 

Secretary. 

[FR Doc. E8–21449 Filed 9–12–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB40 

Fire Extinguishers in Underground 

Coal Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Final rule. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is revising the 

existing standard for the quantity and 

location of firefighting equipment in 

underground coal mines to assure that 

it is readily available to quickly 

extinguish a fire. In lieu of the existing 

requirements for rock dust and other 

firefighting equipment, this final rule 

allows the use of portable fire 

extinguishers in working sections of 

underground anthracite coal mines that 

have no electrical equipment at the 

working section and produce less than 

300 tons of coal per shift. The rule also 

requires an additional fire extinguisher 

in lieu of rock dust at temporary 

electrical installations in all 

underground coal mines. 

DATES: This rule is effective October 15, 

2008. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The existing safety standards are 

designed to assure that firefighting 

equipment is readily available to 

quickly extinguish a fire and prevent its 

spread. Because of the explosive nature 

of coal dust and the possible presence 

of methane gas, there is great potential 

for a fire to spread to other areas of the 

underground coal mine. Historical 

records demonstrate that the 

consequences of a fire in an 

underground coal mine can be 

disastrous. 

II. Background 

The Bureau of Mines in the U.S. 

Department of the Interior (Bureau) 

promulgated and enforced fire 

protection standards under the Federal 

Coal Mine Safety Act (30 U.S.C. 451– 

483). These standards continued in 

effect under the Federal Coal Mine 

Health and Safety Act of 1969 (Coal Act) 

through a transfer provision in the law. 

On November 20, 1970 (35 FR 17890), 

the Bureau revised its standards 

addressing fire protection in 

underground coal mines. The revised 

standards continued in effect under the 

Federal Mine Safety and Health Act of 

1977 (Mine Act) through a transfer 

provision in the Mine Act when the 

enforcement of mine safety and health 

was moved from the Department of the 

Interior to the Department of Labor. The 

standard addressed in this rule has not 

changed since that time. 

MSHA published a proposed rule (72 

FR 72301) on December 20, 2007, to 

allow the use of an additional fire 

extinguisher in lieu of rock dust in the 

working sections of underground 

anthracite mines. The proposal also 

would have required the use of an 

additional fire extinguisher in lieu of 

rock dust at temporary electrical 

installations in an underground coal 

mine. MSHA received no comments on 

the proposal and, therefore, is 

publishing the final rule without 

change. 

A. Petition for Modification of a 

Mandatory Safety Standard 

Section 101(c) of the Mine Act allows 

a mine operator or the representative of 

miners to petition MSHA for a 

modification of an existing safety 

standard. After investigating each 

petition, MSHA may grant a 

modification of a safety standard when 

MSHA determines that— 

• The alternative method for 

achieving the desired result will at all 

times guarantee no less than the same 

measure of protection as the existing 

standard, or 

• The application of the existing 

standard will result in a diminution of 

safety to miners at that mine. 

Underground anthracite coal mine 

operators have filed petitions for 

modification to use portable fire 

extinguishers in lieu of rock dust and 

other firefighting equipment in the 

working sections of mines that produce 

less than 300 tons of coal per shift and 

use no electrical equipment at the face. 

Also, many underground coal mine 

operators have filed petitions for 

modification to use portable fire 

extinguishers in lieu of rock dust at 

temporary electrical installations. This 

final rule eliminates the need to file a 

petition to use only portable fire 

extinguishers at these locations. 

B. Rock Dust for Fire Protection 

Rock dust is an inorganic, noncombustible dust, such as crushed 

limestone, that the mine operator 

spreads on coal surfaces to reduce the 

chance of stirring up an explosive 

suspension of coal dust. The rock dust 

also can work as a fire suppressant by 

smothering the flame. It is widely used 

in coal mining to reduce the likelihood 

of coal dust explosions or flame 

propagation. A single bag of rock dust 

weighs about 40 pounds when dry. In 

damp environments, a bag of rock dust 

will absorb water, rendering it 

ineffective for fire prevention or 

suppression purposes. Damp rock dust 

becomes somewhat plastic in 

consistency and dries into a hard, bricklike mass. The presence of bags of rock 

dust can give a false sense of security for 

firefighting purposes because the rock 

dust can absorb water even through a 

sealed bag. The miner or mine operator 

can be unaware that the rock dust is 

useless as a fire suppressant until trying 

to use it. Bags of rock dust must be 

protected from moisture, checked 

frequently, and replaced if wet or 

hardened. This lifting and moving of 

heavy bags of rock dust increases the 

risk of injury to miners. 

C. Requirements for Portable Fire 

Extinguishers 

Existing § 75.1100–1(e) sets 

requirements for a portable fire 

extinguisher as follows: 

(e) Portable fire extinguisher: A portable 

fire extinguisher shall be either (1) a 

multipurpose dry chemical type containing a 

nominal weight of 5 pounds of dry powder 

and enough expellant to apply the powder or 

(2) a foam-producing type containing at least 

21⁄2 gallons of foam-producing liquids and 

enough expellant to supply the foam. Only 

fire extinguishers approved by the 

Underwriters Laboratories, Inc., or Factory 

Mutual Research Corp., carrying appropriate 

labels as to type and purpose, shall be used. 

After March 30, 1971, all new portable fire 

extinguishers acquired for use in a coal mine 

shall have a 2A 10 BC or higher rating. 

III. Section-by-Section Analysis 

Existing § 75.1100–2 sets 

requirements for the quantity and 

location of firefighting equipment in 

underground coal mines. At working 

sections, paragraph (a) requires 240 

pounds of rock dust (about six bags), 

two portable fire extinguishers, and a 

ready supply of water or dry chemical. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53125 

At permanent electrical installations, 

paragraph (e)(1) requires two portable 

fire extinguishers or one having twice 

the minimum capacity specified for a 

portable fire extinguisher in existing 

§ 75.1100–1(e). Rock dust is not 

required at permanent electrical 

installations. At temporary electrical 

installations, however, paragraph (e)(2) 

requires one portable fire extinguisher 

and 240 pounds of rock dust. 

A. § 75.1100–2(a): Working Sections 

Final paragraph § 75.1100–2(a)(3) 

allows underground anthracite coal 

mine operators the option to use 

portable fire extinguishers in lieu of 

required rock dust, water cars, and other 

firefighting equipment in working 

sections. 

Existing § 75.1100–2(a) includes 

different requirements for readily 

available firefighting equipment in 

working sections based on the mine’s 

production. Because anthracite coal 

mines typically produce only 10 to 20 

tons of coal per shift, they are covered 

by existing § 75.1100–2(a)(2), which 

requires— 

(2) Each working section of coal mines 

producing less than 300 tons of coal per shift 

shall be provided with two portable fire 

extinguishers, 240 pounds of rock dust in 

bags or other suitable containers, and at least 

500 gallons of water and at least 3 pails of 

10 quart capacity. In lieu of the 500 gallon 

water supply a waterline with sufficient hose 

to reach the working places, a portable water 

car (500 gallons capacity) or a portable allpurpose dry powder chemical car of at least 

125-pounds capacity may be provided. 

These options, however, do not address 

or accommodate the typical conditions 

in the working sections of underground 

anthracite coal mines. This final rule 

adds new paragraph § 75.1100–2(a)(3) to 

provide an option for underground 

anthracite coal mines that have no 

electrical equipment at the working 

section and makes non-substantive 

format changes to § 75.1100–2(a)(2). 

The final rule incorporates the 

alternative method from granted 

petitions for modification and further 

clarifies the mine operator’s 

responsibility regarding the size of fire 

extinguishers required. The final rule 

does not apply to underground 

anthracite coal mines that use electrical 

equipment at the working section. 

MSHA believes that the final rule 

provides needed flexibility and does not 

reduce protection for miners. 

1. Final § 75.1100–2(a)(3) for 

Underground Anthracite Coal Mines 

Final paragraph § 75.1100–2(a)(3) 

allows underground anthracite 

operators the option to use portable fire 

extinguishers. Almost all of these mines 

still use mining methods to address 

their unique geological characteristics 

that were developed over 150 years ago. 

Anthracite coal is a hard coal found in 

undulating, steeply pitched veins, and 

mined with slow, non-mechanized 

mining methods. In contrast, 

bituminous coal is softer and generally 

found in horizontal veins. Bituminous 

coal production uses highly mechanized 

methods and depends on electricity for 

face equipment. 

Anthracite mining uses methods and 

systems that rely on manual labor. 

Electricity that can cause or contribute 

to a fire hazard is usually non-existent 

near the face. Typically, anthracite coal 

mines operate face equipment using air 

driven motors for coal drills, air driven 

fans to supplement face ventilation, and 

air driven saws and hoists for the 

cutting and placement of timber. 

Mining conditions in underground 

anthracite coal mines are generally wet 

and removal of water from the face areas 

is a major problem. The steep grade 

permits natural water drainage in open, 

on-grade ditches from the face area to a 

slope sump where it is stored and 

eventually pumped to a suitable water 

treatment area. Waterlines are seldom 

installed to the face. 

Anthracite coal has a low volatile 

ratio and the dust does not propagate an 

explosion. Anthracite coal’s ignition 

temperature is high (925 to 970 degrees 

Fahrenheit) compared to bituminous 

coal’s ignition temperature (700 to 900 

degrees Fahrenheit). Thus, anthracite 

coal dust is harder to ignite than 

bituminous coal dust and the risk of a 

fire is lower in anthracite coal mines 

than in bituminous coal mines. There 

has been only one reported fire 

underground in an anthracite coal mine 

since implementation of the Mine Act. 

This fire occurred at a mine that used 

electrical equipment at the face. 

In summary, except for one, 

underground anthracite coal mines are 

steeply sloped with little space 

underground for storage of firefighting 

equipment; use hand-operated or 

mechanical equipment, rather than 

electrical equipment (a potential 

ignition source), underground at the 

face where coal is mined; and are wet, 

causing rock dust to become hard and 

ineffective for firefighting. Anthracite 

coal mine dust has low volatility, is 

difficult to ignite, and does not 

propagate an explosion. 

2. Discussion of Alternative for 

Underground Anthracite Coal Mines 

Because of the uniqueness of the 

mining methods and conditions in 

underground anthracite mines, 

anthracite mine operators have 

petitioned MSHA to allow the use of 

only portable fire extinguishers to 

replace existing requirements where 

rock dust, water cars, and other water 

storage are not practical. The mine 

operators asserted that the alternative 

method will at all times guarantee no 

less than the same measure of protection 

as that afforded by the standard. From 

1994 through 2007, MSHA granted 35 

petitions for modification of existing 

§ 75.1100–2(a)(2) for underground 

anthracite coal mines that have no 

electrical equipment at the working 

section. MSHA granted the petitions for 

modification with the following 

conditions. 

1. Fire extinguisher(s) having at least four 

times the minimum capacity specified for a 

portable fire extinguisher in 30 CFR 75.1100– 

1(e) shall be located no greater than 500 feet 

from the working face. 

2. Fire extinguisher(s) having at least six 

times the minimum capacity specified for a 

portable fire extinguisher in 30 CFR 75.1100– 

1(e) shall be located at the entrance to the 

gangway at the bottom of the slope. 

There were no significant adverse 

comments filed on these petitions. 

Based on MSHA’s experience and 

investigation of these petitions for 

modification, MSHA concluded that the 

use of fire extinguishers in the 

situations addressed is a safe alternative 

to existing requirements. The granted 

alternative method provides for a quick 

response to any fire on the section and 

does not reduce protection for miners. 

In addition, because there are a variety 

of fire extinguishers currently available, 

MSHA anticipates no problems in 

obtaining fire extinguishers. 

This final rule incorporates the 

language from these granted petitions 

for modification into final paragraph 

§ 75.1100–2(a)(3). In the final rule, the 

Agency has clarified the mine operator’s 

responsibility regarding the size of fire 

extinguishers required. The final rule 

does not apply to the few underground 

anthracite coal mines that use electrical 

equipment at the working section. This 

final rule does not reduce protection for 

miners. 

B. Section 75.1100–2(e): Electrical 

Installations 

Final § 75.1100–2(e) is substantively 

unchanged from the existing standard 

and the proposal. Like the proposal, the 

final rule clarifies the regulatory 

language and specifies the size and 

rating of fire extinguishers. The required 

rating was inadvertently omitted from 

the proposal, which resulted in the 

inclusion of foam extinguishers. 

Consistent with the existing standard 

and the Agency’s intent, the final rule 


jlentini on PROD1PC65 with RULES
53126 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

requires that at each electrical 

installation, the operator must provide 

two portable fire extinguishers that have 

a 2–A:10–B:C or higher rating and a 

nominal capacity of 5 pounds of dry 

chemical, or one having at least 10 

pounds of dry chemical. 

This final rule revises existing 

§ 75.1100–2(e) to eliminate the separate 

requirements for permanent and 

temporary electrical installations. It 

removes the requirement for rock dust at 

temporary underground electrical 

installations and requires two portable 

fire extinguishers, or one having twice 

the minimum capacity, at all electrical 

installations. MSHA believes that the 

final rule offers greater flexibility, 

provides no less protection to affected 

miners, and does not result in a 

diminution of safety to miners. 

1. Characteristics of Underground 

Electrical Installations 

The difference between permanent 

and temporary underground electrical 

installations can be negligible in regard 

to their potential fire hazard. For 

example, MSHA generally considers 

electrical installations located outby the 

working section to be permanent and 

those on the working section to be 

temporary. However, MSHA considers a 

battery charging station to be temporary 

because it moves, even though it is 

outby the working section. If the 

electrical installation is in a fire 

resistant enclosure, then MSHA 

considers it to be permanent. If not, 

MSHA considers it temporary. MSHA 

considers a power center supplying the 

belt line to be permanent, but one 

supplying a portable compressor to be 

temporary. Typically, temporary 

electrical installations are unattended 

pumping stations located in remote 

areas of the mine, battery charging 

stations, power installation 

transformers, and section power centers 

for operating electrical face equipment. 

2. Elimination of Separate Requirements 

for Permanent and Temporary Electrical 

Installations 

Underground coal mine operators 

petitioned MSHA for modification of 

§ 75.1100–2(e)(2) to allow the use of 

only portable fire extinguishers at 

temporary electrical installations. The 

petitioners asserted that it is difficult to 

comply with the existing standard in 

wet and damp environments, such as 

pumping stations, because the rock dust 

becomes unusable for firefighting 

purposes. The petitioners asserted that 

the exclusive use of portable fire 

extinguishers as an alternative means of 

extinguishing fires is at least as effective 

as the existing standard. They also 

asserted that portable fire extinguishers 

may be a safer fire suppressant because 

lifting the heavy bags of rock dust 

increases the risk of injury. 

From 1994 through 2007, MSHA 

granted about 42 petitions for 

modification of § 75.1100–2(e)(2). In 

granting these petitions, MSHA 

acknowledged the tendency of rock dust 

to harden over time and become bricklike when exposed to humidity, which 

greatly reduces the value of the rock 

dust as a firefighting tool. MSHA has no 

evidence of adverse outcomes 

associated with these granted petitions. 

Although MSHA did not receive any 

comments contesting the granted 

petitions, MSHA received a few 

comments on the petitions requesting 

that the Agency require a minimum of 

two fire extinguishers as an alternative 

method. Two fire extinguishers may be 

preferable in some situations to allow 

two miners to fight the fire 

simultaneously or to provide a backup 

should one of the portable fire 

extinguishers fail. 

IV. Executive Order 12866 

Executive Order (E.O.) 12866 requires 

that regulatory agencies assess both the 

costs and benefits of a significant 

regulatory action. Under the Executive 

Order, a ‘‘significant regulatory action’’ 

is one meeting any of the following: 

Having an annual effect on the economy 

of $100 million or more; creating a 

serious inconsistency or interfering with 

an action of another agency; materially 

altering the budgetary impact of 

entitlements or the rights of entitlement 

recipients; or raising novel legal or 

policy issues. MSHA has determined 

that this final rule will not have an 

annual effect of $100 million or more on 

the economy and, therefore, it is not an 

economically ‘‘significant regulatory 

action’’ under section 3(f) of E.O. 12866. 

MSHA, however, has concluded that the 

final rule is otherwise significant under 

E.O. 12866 because it raises novel legal 

or policy issues. 

A. Population-at-Risk 

Based on the most recent MSHA data, 

this final rule applies to 624 

underground coal mine operators 

employing 42,207 miners (excluding 

office workers). This data includes 16 

underground anthracite coal mines of 

which 15, employing a total of 72 

miners, use no electric equipment at the 

face. 

B. Costs 

This final rule potentially affects all 

coal mines that have temporary 

electrical installations underground and 

about 15 active underground anthracite 

coal mines. MSHA experience indicates 

that a 10- to 20-pound fire extinguisher 

is the industry standard. In addition, 14 

of the 15 active underground anthracite 

coal mines with no electrical equipment 

at the face are operating under an 

alternative method that allows them to 

use portable fire extinguishers for 

firefighting. MSHA considers the 

maintenance of portable fire 

extinguishers to be a normal business 

practice for underground coal mines. 

MSHA assumes that all mine 

operators have fire extinguishers 

meeting the requirements of the final 

rule and has estimated no cost for the 

final rule. MSHA estimates that, under 

the final rule, several mines will not 

need to file a petition for modification, 

resulting in a reduction of paperwork 

and associated costs. However, the 

Agency estimates that any reductions 

would be negligible. 

C. Benefits 

The final rule allows the use of 

portable fire extinguishers in certain 

locations in the mine without the need 

for a mine operator to file a petition for 

modification. A significant benefit is 

that rock dust, which is ineffective 

when damp, can be replaced by a 

portable fire extinguisher, which is an 

effective and reliable fire suppressant. 

In addition, portable fire extinguishers 

are easier to transport. A mine operator 

will usually be able to replace a fire 

extinguisher more quickly than 240 

pounds of rock dust. MSHA also 

anticipates a decreased risk of injury 

related to lifting and moving heavy bags 

of rock dust. Based on MSHA injury 

data between January 1999 and 

September 2005, 120 injuries or about 

17 per year occurred that involved 

lifting, carrying, or moving rock dust or 

bags of rock dust. 

D. Feasibility 

MSHA has concluded that the 

requirements of the final rule are both 

technologically and economically 

feasible. This final rule is 

technologically feasible because it is not 

technology-forcing and does not involve 

activities on the frontiers of scientific 

knowledge. 

V. The Regulatory Flexibility Act (RFA) 

and the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

The Regulatory Flexibility Act (RFA) 

of 1980, as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53127 

agency certifies that the rule will not 

have a significant impact on a 

substantial number of small entities. 

MSHA analyzed the impact of this final 

rule. This analysis complies with the 

legal requirements of the RFA for an 

analysis of the impacts on ‘‘small 

entities.’’ MSHA certifies that the final 

rule does not have a significant 

economic impact on a substantial 

number of small entities. 

Factual Basis for Certification 

This final rule will provide at least 

the same level of protection for miners 

as the existing standard. It will result in 

a net cost savings and have no adverse 

economic impact on the underground 

coal mining industry. 

VI. Paperwork Reduction Act of 1995 

Due to this rulemaking, mine 

operators will no longer have to file a 

petition for modification of existing 

§ 75.1100–2(a)(2) and (e)(2) to use only 

fire extinguishers for firefighting 

purposes. Existing Office of 

Management and Budget (OMB) 

paperwork package 1219–0065 includes 

the annual paperwork burden related to 

the preparation and filing of petitions 

with MSHA, including petitions for 

modification to use fire extinguishers. 

This final rule will reduce the annual 

paperwork burden in OMB paperwork 

package 1219–0065 and MSHA 

estimates that this reduction will be 

negligible. 

VII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act 

of 1995 and Executive Order 12875: 

Enhancing the Intergovernmental 

Partnership (58 FR 58093) 

This final rule does not include any 

Federal mandate that may result in 

increased expenditures by State, local, 

or tribal governments; does not increase 

private sector expenditures by more 

than $100 million annually; and does 

not significantly or uniquely affect small 

governments. Accordingly, the 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) requires no further 

agency action or analysis. 

B. The Treasury and General 

Government Appropriations Act of 

1999: Assessment of Federal 

Regulations and Policies on Families 

This final rule does not have an affect 

on family well-being or stability, marital 

commitment, parental rights or 

authority, or income or poverty of 

families and children. Accordingly, 

section 654 of the Treasury and General 

Government Appropriations Act of 1999 

(5 U.S.C. 601 note) requires no further 

agency action, analysis, or assessment. 

C. Executive Order 12630: Government 

Actions and Interference with 

Constitutionally Protected Property 

Rights (53 FR 8859) 

This final rule does not implement a 

policy with ‘‘takings’’ implications. 

Accordingly, Executive Order 12630 

requires no further agency action or 

analysis. 

D. Executive Order 12988: Civil Justice 

Reform (61 FR 4729) 

This final rule was written to provide 

a clear legal standard for affected 

conduct and was carefully reviewed to 

eliminate drafting errors and 

ambiguities, so as to minimize litigation 

and undue burden on the federal court 

system. Accordingly, this final rule 

meets the applicable standards provided 

in section 3 of Executive Order 12988. 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks (62 FR 19885) 

This final rule does not have an 

adverse impact on children. 

Accordingly, Executive Order 13045, as 

amended by Executive Orders 13229 

and 13296, requires no further agency 

action or analysis. 

F. Executive Order 13132: Federalism 

(64 FR 43255) 

This final rule does not have 

‘‘federalism implications’’ because it 

does not ‘‘have substantial direct effects 

on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

Accordingly, Executive Order 13132 

requires no further agency action or 

analysis. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments (63 FR 27655) 

This final rule does not have ‘‘tribal 

implications’’ because it does not ‘‘have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

federal government and Indian tribes.’’ 

Accordingly, Executive Order 13175 

requires no further agency action or 

analysis. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355) 

This final rule is not a ‘‘significant 

energy action’’ because it is not ‘‘likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy (including a shortfall in supply, 

price increases, and increased use of 

foreign supplies).’’ Accordingly, 

Executive Order 13211 requires no 

further agency action or analysis. 

I. Executive Order 13272: Proper 

Consideration of Small Entities in 

Agency Rulemaking (67 FR 53461) 

MSHA has thoroughly reviewed this 

final rule to assess and take appropriate 

account of its potential impact on small 

businesses, small governmental 

jurisdictions, and small organizations. 

As discussed in section V of this 

preamble, MSHA has determined and 

certified that this final rule does not 

have a significant economic impact on 

a substantial number of small entities. 

Accordingly, Executive Order 13272 

requires no further agency action or 

analysis. 

VIII. Petitions for Modification 

On the effective date of this final rule, 

all existing granted petitions for 

modification for the use of fire 

extinguishers in lieu of rock dust and 

other firefighting equipment on working 

sections in underground anthracite coal 

mines and at temporary electrical 

installations in underground coal mines 

under existing § 75.1100–2(a)(2) and 

(e)(2), respectively, will be revoked. 

Thereafter, mine operators will be 

required to comply with the provisions 

of the final rule. 

List of Subjects in 30 CFR Part 75 

Coal mines, Fire prevention, Mine 

safety and health, Safety, Underground 

mining. 

Dated: September 8, 2008. 

Richard E. Stickler, 

Acting Assistant Secretary for Mine Safety 

and Health. 

■ For the reasons discussed in the 

preamble, the Mine Safety and Health 

Administration is amending 30 CFR part 

75 as follows: 

PART 75—MANDATORY SAFETY 

STANDARDS—UNDERGROUND COAL 

MINES 

■ 1. The authority citation for part 75 

continues to read as follows: 

Authority: 30 U.S.C. 811. 

■ 2. Amend § 75.1100–2 by revising 

paragraph (a)(2), adding paragraph 

(a)(3), and revising paragraph (e) to read 

as follows: 

§ 75.1100–2 Quantity and location of 

firefighting equipment. 

(a) * * * 

(2) Each working section of coal 

mines producing less than 300 tons of 


jlentini on PROD1PC65 with RULES
53128 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

coal per shift shall be provided with the 

following: 

(i) Two portable fire extinguishers; 

and 

(ii) 240 pounds of rock dust in bags 

or other suitable containers; and 

(iii) At least 500 gallons of water and 

at least three pails of 10-quart capacity; 

or a waterline with sufficient hose to 

reach the working places; or a portable 

water car of at least 500-gallons 

capacity; or a portable, all-purpose, drypowder chemical car of at least 125- 

pounds capacity. 

(3) As an alternative to paragraph 

(a)(2) of this section, each working 

section with no electrical equipment at 

the face of an anthracite coal mine 

producing less than 300 tons of coal per 

shift shall be provided with the 

following: 

(i) Portable fire extinguishers 

containing a total capacity of at least 30 

pounds of dry chemical or 15 gallons of 

foam and located at the entrance to the 

gangway at the bottom of the slope; and 

(ii) Portable fire extinguishers 

containing a total capacity of at least 20 

pounds of dry chemical or 10 gallons of 

foam and located within 500 feet from 

the working face. 

* * * * * 

(e) Electrical installations. At each 

electrical installation, the operator shall 

provide two portable fire extinguishers 

that have a nominal capacity of 5 

pounds of dry chemical, or one 

extinguisher that has a nominal capacity 

of at least 10 pounds of dry chemical, 

and which have a 2–A:10–B:C or higher 

rating. 

* * * * * 

[FR Doc. E8–21448 Filed 9–12–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 105 

[Docket Nos. TSA–2006–24191; USCG– 

2006–24196] 

Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector, Hazardous 

Materials Endorsement for a 

Commercial Driver’s License 

Correction 

Document E8-15489 was 

inadvertently published in the Notices 

section of Wednesday, July 9, 2008, 

beginning on page 39323. It should have 

appeared in the Rules and Regulations 

section. 

[FR Doc. Z8–15489 Filed 9–12–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 105 

[Docket Nos. TSA–2006–24191; USCG– 

2006–24196] 

Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector, Hazardous 

Materials Endorsement for a 

Commercial Driver’s License 

Correction 

Document E8-10244 was 

inadvertently published in the Notices 

section of Wednesday, May 7, 2008, 

beginning on page 25757. It should have 

appeared in the Rules and Regulations 

section. 

[FR Doc. Z8–10244 Filed 9–12–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0837] 

RIN 1625–AA00 

Safety Zone; Agat Bay and Outer Apra 

Harbor, GU 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the waters of Agat Bay and Outer Apra 

Harbor, Guam. The zone will encompass 

two distinct areas, each area bounded by 

a circle with a 300-meter radius on the 

surface and a 2750-meter radius 

underwater, centered at 13°23′00′′ N and 

144°35′00′′ E (NAD 1983) and 13°27′42′′ 

N and 144°38′30′′ E (NAD 1983) 

respectively. This safety zone is 

necessary to protect mariners who 

would otherwise transit or be within the 

affected area from possible safety 

hazards associated with an underwater 

detonation operation. Entry of persons 

or vessels into this temporary safety 

zone is prohibited unless authorized by 

the Captain of the Port. 

DATES: This rule is effective beginning 

September 15, 2008, through September 

17, 2008, daily between the hours of 8 

a.m. and 11:59 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0837 and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

two locations: The Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays, 

and the U.S. Coast Guard Sector Guam, 

Naval Base Guam, between 7:30 a.m. 

and 3:30 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, contact Lieutenant Krissy Marlin, 

U.S. Coast Guard Sector Guam, at (671) 

355–4835. If you have questions on 

viewing the docket, call Renne V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: We 

encourage you to participate in this 

rulemaking by submitting comments 

and related materials. All comments 

received will be posted, without change, 

to http://www.regulations.gov and will 

include any personal information you 

have provided. We have an agreement 

with the Department of Transportation 

(DOT) to use the Docket Management 

Facility. Please see DOT’s ‘‘Privacy Act’’ 

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0837), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, and e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments by 

only one means. If you submit them by 

mail or delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 


jlentini on PROD1PC65 with RULES