MSHA Headquarters, Pittsburgh Safety and Health Technology Center, and Respirable Dust Processing Laboratory Address Changes, 52984-52993 [2015-21054]
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52984
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
The Final Rule
Accordingly, the U.S. Parole
Commission adopts the following
amendments to 28 CFR part 2.
PART 2—[AMENDED]
1. The authority citation for 28 CFR
part 2 continues to read as follows:
■
Authority: 18 U.S.C. 4203(a)(1) and
4204(a)(6).
2. In § 2.66, add paragraph (d) to read
as follows:
■
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§ 2.66 Revocation decision without
hearing.
(d) Special procedures for swift and
short-term sanctions for administrative
violations of supervision. (1) An alleged
violator may, at the time of the probable
cause hearing or preliminary interview,
waive the right to a revocation hearing
and apply in writing for an immediate
prison sanction of no more than 8
months. Notwithstanding the reparole
guidelines at § 2.21, the Commission
will consider such a sanction if—
(i) The releasee has not already
postponed the initial probable cause
hearing/preliminary interview by more
than 30 days;
(ii) The charges alleged by the
Commission do not include a violation
of the law;
(iii) The releasee has accepted
responsibility for the violations;
(iv) The releasee has agreed to modify
the non-compliant behavior to
successfully complete any remaining
period of supervision; and
(v) The releasee has not already been
sanctioned pursuant to this paragraph
(d)(1).
(2) A sanction imposed pursuant to
paragraph (d)(1) of this section may
include any other action authorized by
§ 2.52, § 2.105, or § 2.218.
(3) Any case not approved by the
Commission for a revocation sanction
pursuant to paragraph (d)(1) of this
section shall receive the normal
revocation hearing procedures including
the application of the guidelines at
§ 2.21.
Note to paragraph (d). For purpose of
paragraph (d)(1) of this section only, the
Commission will consider the
sanctioning of the following crimes as
administrative violations if they have
been charged only as misdemeanors:
1. Public Intoxication
2. Possession of an Open Container of
Alcohol
3. Urinating in Public
4. Traffic Violations
5. Disorderly Conduct/Breach of Peace
6. Driving without a License or with a
revoked/suspended license
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7. Providing False Information to a
Police Officer
8. Loitering
9. Failure to Pay court ordered support
(i.e. child support/alimony)
10. Solicitation/Prostitution
11. Resisting Arrest
12. Reckless Driving
13. Gambling
14. Failure to Obey a Police Officer
15. Leaving the Scene of an Accident
(only if no injury occurred)16. Hitchhiking
17. Vending without a License
18. Possession of Drug Paraphernalia
(indicating purpose of personal use
only)
19. Possession of a Controlled Substance
(for personal use only)
Dated: August 17, 2015.
J. Patricia Wilson Smoot,
Chairman, United States Parole Commission.
[FR Doc. 2015–21094 Filed 9–1–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 7, 18, 44, 46, 48, 49, 56,
57, 70, 71, 72, 74, 75, and 90
MSHA Headquarters, Pittsburgh Safety
and Health Technology Center, and
Respirable Dust Processing
Laboratory Address Changes
Mine Safety and Health
Administration, Labor.
ACTION: Final rule; technical
amendment.
AGENCY:
The Mine Safety and Health
Administration (MSHA) is amending its
published regulations that include the
Agency’s addresses. MSHA relocated its
Headquarters offices and also will
discontinue renting the Post Office
boxes it uses for mail delivery to the
Pittsburgh Safety and Health
Technology Center and Respirable Dust
Processing Laboratory. In addition,
MSHA is amending the incorporation by
reference language in some of its
regulations to include current addresses,
telephone numbers, and internet
addresses.
SUMMARY:
DATES:
Effective Date: September 2,
2015.
FOR FURTHER INFORMATION CONTACT:
Sheila A. McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
mcconnell.sheila.a@dol.gov (email);
202–693–9440 (voice); or 202–693–9441
(facsimile). These are not toll-free
numbers.
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On June
15, 2015, MSHA moved its
Headquarters offices from 1100 Wilson
Boulevard, Arlington, VA 22209–3939
to 201 12th Street South, Arlington, VA
22202–5452. MSHA is amending its
regulations to include MSHA’s new
address.
MSHA is also amending its
regulations to update the mailing
address of MSHA’s Office of Technical
Support, Pittsburgh Safety and Health
Technology Center. MSHA will
discontinue renting the Post Office
boxes it uses for mail delivery. The
mailing address for the Pittsburgh Safety
and Health Technology Center’s
Respirable Dust Processing Laboratory is
626 Cochrans Mill Road, Building 38,
Pittsburgh, PA 15236–3611. The mailing
address to submit seal design
applications for approval by the
Pittsburgh Safety and Health
Technology Center is 626 Cochrans Mill
Road, Building 151, Pittsburgh, PA
15236–3611.
In addition, MSHA made other nonsubstantive changes to correct
inaccurate names: §§ 48.3, 48.23, and
48.32 contain a non-substantive change
to the name of the Administrator for
Metal and Nonmetal Mine Safety and
Health; §§ 7.505, 56.2, 57.2, and 75.301
contain a non-substantive change to the
name of the Office of Standards,
Regulations, and Variances; and §§ 49.3,
49.4, and 49.8 contain a non-substantive
change to remove an obsolete or
inapplicable name.
MSHA is also amending previously
approved incorporation by reference
(IBR) language in some MSHA
regulations. The amendments conform
to current Office of the Federal Register
(OFR) format requirements for an IBR
regarding publisher addresses,
telephone numbers, and internet
addresses, and include contact
information for the National Archives
and Records Administration (NARA).
This technical amendment is a
procedural ‘‘rule’’ under 5 U.S.C. 551(4),
and is not subject to the notice-andcomment rulemaking requirements in 5
U.S.C. 553. This action also does not
constitute a ‘‘regulatory action’’ subject
to Executive Order 12866. Accordingly,
the regulations in 30 CFR parts 7, 18, 44,
46, 48, 49, 56, 57, 70, 71, 72, 74, 75, and
90 are amended to include updated
information.
SUPPLEMENTARY INFORMATION:
List of Subjects
30 CFR Part 7
Explosives, Incorporation by
reference, Mine safety and health,
Reporting and recordkeeping
requirements, Research.
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30 CFR Part 44
30 CFR Part 90
Black lung benefits, Incorporation by
reference, Mine safety and health,
Reporting and recordkeeping
requirements.
Administrative practice and
procedure, Mine safety and health,
Reporting and recordkeeping
requirements.
Dated: August 19, 2015.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety
and Health.
30 CFR Part 46
For the reasons set out in the
preamble, and under the authority of the
Federal Mine Safety and Health Act of
1977, as amended, MSHA is amending
chapter I of title 30 of the Code of
Federal Regulations as follows:
(a) * * * The user shall submit a
written application to the Assistant
Secretary of Labor for Mine Safety and
Health, 201 12th Street South,
Arlington, VA 22202–5452, and send a
copy to the U.S. Department of Labor,
Mine Safety and Health Administration,
Approval and Certification Center, 765
Technology Drive, Triadelphia, WV
26059.
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*
30 CFR Part 18
Mine safety and health, Reporting and
recordkeeping requirements.
Education, Mine safety and health,
Reporting and recordkeeping
requirements.
30 CFR Part 48
Education, Mine safety and health,
Reporting and recordkeeping
requirements.
PART 7—TESTING BY APPLICANT OR
THIRD PARTY
1. The authority citation for part 7
continues to read as follows:
■
30 CFR Part 49
Education, Mine safety and health,
Reporting and recordkeeping
requirements.
2. Section 7.505 is amended by
revising paragraph (b)(6) to read as
follows:
■
Chemicals, Electric power,
Explosives, Fire prevention, Hazardous
substances, Incorporation by reference,
Metals, Mine safety and health,
Reporting and recordkeeping
requirements.
30 CFR Part 57
Chemicals, Electric power,
Explosives, Fire prevention, Gases,
Hazardous substances, Incorporation by
reference, Metals, Mine safety and
health, Radiation protection, Reporting
and recordkeeping requirements.
30 CFR Part 70
Incorporation by reference, Mine
safety and health, Reporting and
recordkeeping requirements.
30 CFR Part 71
Hazardous substances, Incorporation
by reference, Mine safety and health,
Reporting and recordkeeping
requirements, Water supply.
30 CFR Part 72
Coal, Incorporation by reference,
Mine safety and health.
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30 CFR Part 74
Incorporation by reference, Mine
safety and health, Occupational safety
and health.
30 CFR Part 75
Communications equipment, Electric
power, Emergency medical services,
Explosives, Fire prevention,
Incorporation by reference, Mine safety
and health, Reporting and
recordkeeping requirements.
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§ 7.505
Structural components.
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(b) * * *
(6) A test shall be conducted to
demonstrate that each structure resists
puncture and tearing when tested in
accordance with ASTM D2582–07
‘‘Standard Test Method for PuncturePropagation Tear Resistance of Plastic
Film and Thin Sheeting.’’ This
publication is incorporated by reference.
The Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. A copy may be obtained
from the American Society for Testing
and Materials (ASTM), 100 Barr Harbor
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. A copy
may be inspected at any MSHA Coal
Mine Safety and Health District Office;
or at MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
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PART 18—ELECTRIC MOTOR-DRIVEN
MINE EQUIPMENT AND
ACCESSORIES
3. The authority citation for part 18
continues to read as follows:
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Authority: 30 U.S.C. 957, 961.
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§ 18.82 Permit to use experimental electric
face equipment in a gassy mine or tunnel.
PART 44—RULES OF PRACTICE FOR
PETITIONS FOR MODIFICATION OF
MANDATORY SAFETY STANDARDS
5. The authority citation for part 44
continues to read as follows:
■
Authority: 30 U.S.C. 957.
30 CFR Part 56
4. Section 18.82 is amended by
revising the second sentence of
paragraph (a) to read as follows:
Authority: 30 U.S.C. 957.
6. In § 44.10, revise the second
sentence to read as follows:
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§ 44.10
Filing of petition; service.
* * * All petitions must be in writing
and must be filed with the Director,
Office of Standards, Regulations, and
Variances, Mine Safety and Health
Administration, 201 12th Street South,
Arlington, VA 22202–5452. * * *
■ 7. Section 44.21 is amended by
revising the third sentence in paragraph
(a) to read as follows:
§ 44.21
Filing and form of documents.
(a) * * * While the petition is before
the Assistant Secretary at any stage of
the proceeding, all documents should be
filed with the Assistant Secretary of
Labor for Mine Safety and Health, 201
12th Street South, Arlington, VA 22202–
5452.
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PART 46—TRAINING AND
RETRAINING OF MINERS ENGAGED IN
SHELL DREDGING OR EMPLOYED AT
SAND, GRAVEL, SURFACE STONE,
SURFACE CLAY, COLLOIDAL
PHOSPHATE, OR SURFACE
LIMESTONE MINES
8. The authority citation for part 46
continues to read as follows:
■
Authority: 30 U.S.C. 811, 825.
9. Section 46.2 is amended by revising
paragraph (d)(1)(iii) to read as follows:
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§ 46.2
Definitions.
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(d)(1) * * *
(iii) A person who began employment
as a miner after April 14, 1999, but
before October 2, 2000, and who has
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received new miner training under
§ 48.25 of this chapter or under
proposed requirements published April
14, 1999, which are available from the
Office of Standards, Regulations, and
Variances, MSHA, 201 12th Street
South, Arlington, VA 22202–5452; or,
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10. Section 46.3 is amended by
revising the first sentence in paragraph
(h) to read as follows:
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§ 46.3
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(h) If you, miners, or miners’
representatives wish to appeal a
decision of the Regional Manager, you
must send the appeal, in writing, to the
Director for Educational Policy and
Development, MSHA, 201 12th Street
South, Arlington, VA 22202–5452,
within 30 calendar days after
notification of the Regional Manager’s
decision. * * *
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PART 48—TRAINING AND
RETRAINING OF MINERS
11. The authority citation for part 48
continues to read as follows:
■
Authority: 30 U.S.C. 811, 825.
12. Section 48.3 is amended by
revising the third sentence in paragraph
(i) to read as follows:
■
§ 48.3 Training plans; time of submission;
where filed; information required; time for
approval; method for disapproval;
commencement of training; approval of
instructors.
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(i) * * * A decision by the District
Manager to revoke an instructor’s
approval may be appealed by the
instructor to the Administrator for Coal
Mine Safety and Health or
Administrator for Metal and Nonmetal
Mine Safety and Health, as appropriate,
MSHA, 201 12th Street South,
Arlington, VA 22202–5452. * * *
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13. Section 48.12 is amended by
revising paragraph (a) to read as follows:
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Appeals procedures.
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(a) In the event an operator, miner, or
miners’ representative decides to appeal
a decision by a District Manager, such
an appeal shall be submitted, in writing,
to the Administrator for Coal Mine
Safety and Health or the Administrator
for Metal and Nonmetal Mine Safety
and Health, as appropriate, MSHA, 201
12th Street South, Arlington, VA 22202–
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§ 48.23 Training plans; time of
submission; where filed; information
required; time for approval; method for
disapproval; commencement of training;
approval of instructors.
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Training plans.
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§ 48.12
5452, within 30 days of notification of
the District Manager’s decision.
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■ 14. Section 48.23 is amended by
revising the third sentence in paragraph
(i) to read as follows:
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(i) * * * A decision by the District
Manager to revoke an instructor’s
approval may be appealed by the
instructor to the Administrator for Coal
Mine Safety and Health or the
Administrator for Metal and Nonmetal
Mine Safety and Health, as appropriate,
MSHA, 201 12th Street South,
Arlington, VA 22202–5452. * * *
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■ 15. Section 48.32 is amended by
revising paragraph (a) to read as follows:
§ 48.32
Appeals procedures.
(a) In the event an operator, miner, or
miners’ representative decides to appeal
a decision by the District Manager, such
an appeal shall be submitted, in writing,
to the Administrator for Coal Mine
Safety and Health or the Administrator
for Metal and Nonmetal Mine Safety
and Health, as appropriate, MSHA, 201
12th Street South, Arlington, VA 22202–
5452, within 30 days of notification of
the District Manager’s decision.
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PART 49—MINE RESCUE TEAMS
16. The authority citation for part 49
continues to read as follows:
■
Authority: 30 U.S.C. 811, 825(e).
17. Section 49.3 is amended by
revising the second sentence of
paragraph (h)(2) to read as follows:
■
§ 49.3 Alternative mine rescue capability
for small and remote mines.
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(h) * * *
(2) * * * The operator may appeal
this decision in writing to the
Administrator for Metal and Nonmetal
Mine Safety and Health, 201 12th Street
South, Arlington, VA 22202–5452.
■ 18. Section 49.4 is amended by
revising the second sentence of
paragraph (i)(2) to read as follows:
§ 49.4 Alternative mine rescue capability
for special mining conditions.
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(i) * * *
(2) * * * The operator may appeal
this decision in writing to the
Administrator for Metal and Nonmetal
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Mine Safety and Health, 201 12th Street
South, Arlington, VA 22202–5452.
19. Section 49.8 is amended by
revising the third sentence of paragraph
(e) to read as follows:
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§ 49.8
Training for mine rescue teams.
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(e) * * * The affected instructor may
appeal the decision of the District
Manager by writing to the Administrator
for Metal and Nonmetal Mine Safety
and Health, MSHA, 201 12th Street
South, Arlington, VA 22202–5452.
* * *
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PART 56—SAFETY AND HEALTH
STANDARDS—SURFACE METAL AND
NONMETAL MINES
20. The authority citation for part 56
continues to read as follows:
■
Authority: 30 U.S.C. 811.
21. In § 56.2, revise the definition for
‘‘Laminated partition’’ to read as
follows:
■
§ 56.2
Definitions.
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Laminated partition means a partition
composed of the following material and
minimum nominal dimensions: 1⁄2-inchthick plywood, 1⁄2-inch-thick gypsum
wallboard, 1⁄8-inch-thick low carbon
steel, and 1⁄4-inch-thick plywood,
bonded together in that order (IME–22
Box). A laminated partition also
includes alternative construction
materials described in the Institute of
Makers of Explosives (IME) Safety
Library Publication No. 22,
‘‘Recommendations for the Safe
Transportation of Detonators in a
Vehicle with Other Explosive Materials’’
(May 1993), and the ‘‘Generic Loading
Guide for the IME–22 Container’’
(October 1993). The IME is located at
1120 19th Street NW., Suite 310,
Washington, DC 20036–3605; 202–429–
9280; https://www.ime.org. 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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
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federal_register/code_of_federal_
regulations/ibr_locations.html.
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■ 22. Section 56.6133 is amended by
revising paragraph (b) to read as follows:
§ 56.6133
Powder chests.
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(b) Detonators shall be kept in chests
separate from explosives or blasting
agents, unless separated by 4 inches of
hardwood or equivalent, or a laminated
partition. When a laminated partition is
used, operators must follow the
provisions of the Institute of Makers of
Explosives (IME) Safety Library
Publication No. 22, ‘‘Recommendations
for the Safe Transportation of
Detonators in a Vehicle with Other
Explosive Materials’’ (May 1993), and
the ‘‘Generic Loading Guide for the
IME–22 Container’’ (October 1993). The
IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036–3605;
202–429–9280; https://www.ime.org.
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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
■ 23. Section 56.6201 is amended by
revising paragraphs (a)(2) and (b)(2) to
read as follows:
§ 56.6201 Separation of transported
explosive material.
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(a) * * *
(2) Separated from explosives or
blasting agents by 4 inches of hardwood
or equivalent, or a laminated partition.
The hardwood or equivalent shall be
fastened to the vehicle or conveyance.
When a laminated partition is used,
operators must follow the provisions of
the Institute of Makers of Explosives
(IME) Safety Library Publication No.22,
‘‘Recommendations for the Safe
Transportation of Detonators in a
Vehicle with Other Explosive Materials’’
(May 1993), and the ‘‘Generic Loading
Guide for the IME–22 Container’’
(October 1993). The IME is located at
1120 19th Street NW., Suite 310,
Washington, DC 20036–3605; 202–429–
9280; https://www.ime.org. This
incorporation by reference has been
VerDate Sep<11>2014
19:00 Sep 01, 2015
Jkt 235001
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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(b) * * *
(2) Separated from explosives or
blasting agents by 4 inches of hardwood
or equivalent, or a laminated partition.
The hardwood or equivalent shall be
fastened to the vehicle or conveyance.
When a laminated partition is used,
operators must follow the provisions of
IME Safety Library Publication No. 22,
‘‘Recommendations for the Safe
Transportation of Detonators in a
Vehicle with Other Explosive Materials’’
(May 1993), and the ‘‘Generic Loading
Guide for the IME–22 Container’’
(October 1993). The IME is located at
1120 19th Street NW., Suite 310,
Washington, DC 20036–3605; 202–429–
9280; https://www.ime.org. 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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
■ 24. Section 56.14130 is amended by
revising paragraph (j) to read as follows:
§ 56.14130 Roll-over protective structures
(ROPS) and seat belts.
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(j) Publications. The incorporation by
reference of these publications is
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of
these publications may be examined at
any Metal and Nonmetal Mine Safety
and Health District Office; at MSHA’s
Office of Standards, Regulations, and
Variances, 201 12th Street South,
Arlington, VA 22202–5452; 202–693–
9440; or at the National Archives and
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52987
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. Copies
may be purchased from the Society of
Automotive Engineers, 400
Commonwealth Drive, Warrendale, PA
15096–0001; 724–776–4841; https://
www.sae.org.
■ 25. Section 56.14131 is amended by
revising paragraph (d) to read as
follows:
§ 56.14131
Seat belts for haulage trucks.
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(d) The incorporation by reference of
these publications is approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of these
publications may be examined at any
Metal and Nonmetal Mine Safety and
Health District Office; at MSHA’s Office
of Standards, Regulations, and
Variances, 201 12th Street South,
Arlington, VA 22202–5452; 202–693–
9440; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. Copies
may be purchased from the Society of
Automotive Engineers, 400
Commonwealth Drive, Warrendale, PA
15096–0001; 724–776–4841; https://
www.sae.org.
PART 57—SAFETY AND HEALTH
STANDARDS—UNDERGROUND
METAL AND NONMETAL MINES
26. The authority citation for part 57
continues to read as follows:
■
Authority: 30 U.S.C. 811.
27. In § 57.2, revise the definition for
‘‘Laminated partition’’ to read as
follows:
■
§ 57.2
Definitions.
*
*
*
*
*
Laminated partition means a partition
composed of the following material and
minimum nominal dimensions: 1⁄2-inchthick plywood, 1⁄2-inch-thick gypsum
wallboard, 1⁄8-inch-thick low carbon
steel, and 1⁄4-inch-thick plywood,
bonded together in that order (IME–22
Box). A laminated partition also
includes alternative construction
materials described in the Institute of
Makers of Explosives (IME) Safety
Library Publication No. 22,
‘‘Recommendations for the Safe
Transportation of Detonators in a
Vehicle with Other Explosive Materials’’
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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
(May 1993), and the ‘‘Generic Loading
Guide for the IME–22 Container’’
(October 1993). The IME is located at
1120 19th Street NW., Suite 310,
Washington, DC 20036–3605; 202–429–
9280; https://www.ime.org. 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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
*
*
*
*
*
■ 28. Section 57.6133 is amended by
revising paragraph (b) to read as follows:
§ 57.6133
Powder chests.
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*
*
*
*
*
(b) Detonators shall be kept in chests
separate from explosives or blasting
agents, unless separated by 4 inches of
hardwood or equivalent, or a laminated
partition. When a laminated partition is
used, operators must follow the
provisions of the Institute of Makers of
Explosives (IME) Safety Library
Publication No. 22, ‘‘Recommendations
for the Safe Transportation of
Detonators in a Vehicle with Other
Explosive Materials’’ (May 1993), and
the ‘‘Generic Loading Guide for the
IME–22 Container’’ (October 1993). The
IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036–3605;
202–429–9280; https://www.ime.org.
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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
29. Section 57.6201 is amended by
revising paragraphs (a)(2) and (b)(2) to
read as follows:
■
VerDate Sep<11>2014
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§ 57.6201 Separation of transported
explosive material.
*
*
*
*
*
(a) * * *
(2) Separated from explosives or
blasting agents by 4 inches of hardwood
or equivalent, or a laminated partition.
The hardwood or equivalent shall be
fastened to the vehicle or conveyance.
When a laminated partition is used,
operators must follow the provisions of
the Institute of Makers of Explosives
(IME) Safety Library Publication No. 22,
‘‘Recommendations for the Safe
Transportation of Detonators in a
Vehicle with Other Explosive Materials’’
(May 1993), and the ‘‘Generic Loading
Guide for the IME–22 Container’’
(October 1993). The IME is located at
1120 19th Street NW., Suite 310,
Washington, DC 20036–3605; 202–429–
9280; https://www.ime.org. 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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
examination at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(b) * * *
(2) Separated from explosives or
blasting agents by 4 inches of hardwood
or equivalent, or a laminated partition.
The hardwood or equivalent shall be
fastened to the vehicle or conveyance.
When a laminated partition is used,
operators must follow the provisions of
IME Safety Library Publication No. 22,
‘‘Recommendations for the Safe
Transportation of Detonators in a
Vehicle with Other Explosive Materials’’
(May 1993), and the ‘‘Generic Loading
Guide for the IME–22 Container’’
(October 1993). The IME is located at
1120 19th Street NW., Suite 310,
Washington, DC 20036–3605; 202–429–
9280; https://www.ime.org. 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 at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; and at all
Metal and Nonmetal Mine Safety and
Health District Offices, or available for
examination at the National Archives
and Records Administration (NARA).
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For information on the availability of
this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
■ 30. Section 57.14130 is amended by
revising paragraph (j) to read as follows:
§ 57.14130 Roll-over protective structures
(ROPS) and seat belts for surface
equipment.
*
*
*
*
*
(j) Publications. The incorporation by
reference of these publications is
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of
these publications may be examined at
any Metal and Nonmetal Mine Safety
and Health District Office; at MSHA’s
Office of Standards, Regulations, and
Variances, 201 12th Street South,
Arlington, VA 22202–5452; 202–693–
9440; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. Copies
may be purchased from the Society of
Automotive Engineers, 400
Commonwealth Drive, Warrendale, PA
15096–0001; 724–776–4841; https://
www.sae.org.
■ 31. Section 57.14131 is amended by
revising paragraph (d) to read as
follows:
§ 57.14131
trucks.
Seat belts for surface haulage
*
*
*
*
*
(d) The incorporation by reference of
these publications is approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of these
publications may be examined at any
Metal and Nonmetal Mine Safety and
Health District Office; at MSHA’s Office
of Standards, Regulations, and
Variances, 201 12th Street South,
Arlington, VA 22202–5452; 202–693–
9440; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. Copies
may be purchased from the Society of
Automotive Engineers, 400
Commonwealth Drive, Warrendale, PA
15096–0001; 724–776–4841; https://
www.sae.org.
■ 32. Section 57.22005 is amended by
revising the first sentence in paragraph
(b) to read as follows:
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§ 57.22005 Notice and appeal of placement
or change in placement.
*
*
*
*
*
(b) The mine operator or
representative of miners may obtain
review of the Administrator’s
determination by filing a request for a
hearing with the Assistant Secretary of
Labor for Mine Safety and Health, Mine
Safety and Health Administration, 201
12th Street South, Arlington, VA 22202–
5452 within 30 days of the
Administrator’s determination. * * *
*
*
*
*
*
PART 70—MANDATORY HEALTH
STANDARDS—UNDERGROUND COAL
MINES
33. The authority citation for part 70
continues to read as follows:
■
Authority: 30 U.S.C. 811, 813(h), 957.
34. Section 70.204 is amended by
revising paragraph (e) to read as follows:
■
§ 70.204 Approved sampling devices;
maintenance and calibration.
*
*
*
*
*
(e) You must proceed in accordance
with ‘‘Calibration and Maintenance
Procedures for Coal Mine Respirable
Dust Samplers,’’ MSHA Informational
Report IR 1240 (1996), referenced in
paragraph (a) of this section. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
from the MSHA Web site at https://
www.msha.gov and you may inspect or
obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street
South, Arlington, VA 22202–5452; 202–
693–9500; and at each MSHA Coal Mine
Safety and Health District Office, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
■ 35. Section 70.210 is amended by
revising paragraph (a) to read as follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 70.210 Respirable dust samples;
transmission by operator.
19:00 Sep 01, 2015
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§ 70.1900
Exhaust Gas Monitoring.
*
*
*
*
*
(c) Except as provided in § 75.325(j) of
this chapter, when sampling results
indicate a concentration of CO and/or
NO2 exceeding an action level of 50
percent of the threshold limit values
(TLV®) adopted by the American
Conference of Governmental Industrial
Hygienists, the mine operator shall
immediately take appropriate corrective
action to reduce the concentrations of
CO and/or NO2 to below the applicable
action level. The publication,
‘‘Threshold Limit Values for Substance
in Workroom Air’’ (1972) is
incorporated by reference and may be
inspected at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; at any
MSHA Coal Mine Safety and Health
District Office; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html. This incorporation by
reference was approved by the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
In addition, copies of the document may
be purchased from the American
Conference of Governmental Industrial
Hygienists, 1330 Kemper Meadow
Drive, Attn: Customer Service,
Cincinnati, OH 45240; 513–742–2020;
https://www.acgih.org.
*
*
*
*
*
PART 71—MANDATORY HEALTH
STANDARDS—SURFACE COAL MINES
AND SURFACE WORK AREAS OF
UNDERGROUND COAL MINES
37. The authority citation for part 71
continues to read as follows:
■
Authority: 30 U.S.C. 811, 813(h), 957.
(a) If using a CMDPSU, the operator
shall transmit within 24 hours after the
end of the sampling shift all samples
collected to fulfill the requirements of
this part, including control filters, in
containers provided by the
manufacturer of the filter cassette to:
Respirable Dust Processing Laboratory,
Pittsburgh Safety and Health
Technology Center, 626 Cochrans Mill
Road, Building 38, Pittsburgh, PA
VerDate Sep<11>2014
15236–3611, or to any other address
designated by the District Manager.
*
*
*
*
*
■ 36. Section 70.1900 is amended by
revising paragraph (c) to read as follows:
38. Section 71.204 is amended by
revising paragraph (e) to read as follows:
■
§ 71.204 Approved sampling devices;
maintenance and calibration.
*
*
*
*
*
(e) You must proceed in accordance
with ‘‘Calibration and Maintenance
Procedures for Coal Mine Respirable
Dust Samplers,’’ MSHA Informational
Report IR 1240 (1996), referenced in
paragraph (a) of this section. The
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52989
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
from the MSHA Web site at https://
www.msha.gov and you may inspect or
obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street
South, Arlington, VA 22202–5452; 202–
693–9500; and at each MSHA Coal Mine
Safety and Health District Office, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
■ 39. Section 71.207 is amended by
revising paragraph (a) to read as follows:
§ 71.207 Respirable dust samples;
transmission by operator.
(a) If using a CMDPSU, the operator
shall transmit within 24 hours after the
end of the sampling shift all samples
collected to fulfill the requirements of
this part, including control filters, in
containers provided by the
manufacturer of the filter cassette to:
Respirable Dust Processing Laboratory,
Pittsburgh Safety and Health
Technology Center, 626 Cochrans Mill
Road, Building 38, Pittsburgh, PA
15236–3611, or to any other address
designated by the District Manager.
*
*
*
*
*
■ 40. Section 71.402 is amended by
revising paragraph (b) to read as follows:
§ 71.402 Minimum requirements for
bathing facilities, change rooms, and
sanitary flush toilet facilities.
*
*
*
*
*
(b) Bathing facilities, change rooms,
and sanitary flush toilet facilities shall
be constructed and equipped so as to
comply with applicable State and local
building codes. However, where no
State or local building codes apply to
these facilities, or where no State or
local building codes exist, the facilities
shall be constructed and equipped so as
to meet the minimum construction
requirements in the National Building
Code (1967 edition) and the plumbing
requirements in the National Plumbing
Code (ASA A40.8–1955), which
documents are hereby incorporated by
reference and made a part hereof. These
documents are available for examination
at MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at every
MSHA Coal Mine Safety and Health
District Office. Copies of the National
Plumbing Code (ASA A40.8–1955) may
be purchased from the American
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National Standards Institute, Inc., 25 W.
43rd Street, 4th Floor, New York, NY
10036; https://www.ansi.org.
*
*
*
*
*
■ 41. Section 71.700 is amended by
revising paragraph (a) to read as follows:
§ 71.700 Inhalation hazards; threshold
limit values for gases, dust, fumes, mists,
and vapors.
(a) No operator of an underground
coal mine and no operator of a surface
coal mine may permit any person
working at a surface installation or
surface worksite to be exposed to
airborne contaminants (other than
respirable coal mine dust, respirable
dust containing quartz, and asbestos
dust) in excess of, on the basis of a timeweighted average, the threshold limit
values adopted by the American
Conference of Governmental Industrial
Hygienists in ‘‘Threshold Limit Values
of Airborne Contaminants’’ (1972),
which is hereby incorporated by
reference and made a part hereof.
Excursions above the listed threshold
limit values shall not be of greater
magnitude than is characterized as
permissible by the conference. This
paragraph does not apply to airborne
contaminants given a ‘‘C’’ designation
by the conference in the document. This
document is available for examination
at MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at every
MSHA Coal Mine Safety and Health
District Office. Copies of the document
may be purchased from the American
Conference of Governmental Industrial
Hygienists, 1330 Kemper Meadow
Drive, Attn: Customer Service,
Cincinnati, OH 45240; 513–742–2020;
https://www.acgih.org.
*
*
*
*
*
PART 72—HEALTH STANDARDS FOR
COAL MINES
42. The authority citation for part 72
continues to read as follows:
■
Authority 30 U.S.C. 811, 813(h), 957.
■
43. Revise § 72.710 to read as follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 72.710 Selection, fit, use, and
maintenance of approved respirators.
In order to ensure the maximum
amount of respiratory protection,
approved respirators shall be selected,
fitted, used, and maintained in
accordance with the provisions of the
American National Standards Institute’s
‘‘Practices for Respiratory Protection
ANSI Z88.2–1969,’’ which is hereby
incorporated by reference. This
publication may be obtained from the
VerDate Sep<11>2014
19:00 Sep 01, 2015
Jkt 235001
American National Standards Institute,
Inc., 25 W. 43rd Street, 4th Floor, New
York, NY 10036; https://www.ansi.org,
and may be inspected at any MSHA
Coal Mine Safety and Health District
Office, or at MSHA’s Office of
Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA
22202–5452; 202–693–9440; or at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
PART 74—COAL MINE DUST
SAMPLING DEVICES
44. The authority citation for part 74
continues to read as follows:
■
Authority: 30 U.S.C. 957.
45. Section 74.7 is amended by
revising paragraphs (f)(1)(ii), (f)(2)(ii),
and (g)(2) to read as follows:
■
§ 74.7 Design and construction
requirements.
*
*
*
*
*
(f) * * *
(1) * * *
(ii) Persons may inspect a copy at
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452, 202–693–9440, or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(2) * * *
(ii) Persons may inspect a copy at
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452, 202–693–9440, or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(g) * * *
(2) Persons may inspect a copy at
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
PO 00000
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Fmt 4700
Sfmt 4700
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
*
*
*
*
*
■ 46. Section 74.8 is amended by
revising paragraph (f)(2) to read as
follows:
§ 74.8 Measurement, accuracy, and
reliability requirements.
*
*
*
*
*
(f) * * *
(2) Persons may inspect a copy at
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
■ 47. Section 74.9 is amended by
revising paragraph (a)(3) to read as
follows:
§ 74.9
Quality assurance.
(a) * * *
(3) Persons may inspect a copy at
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
*
*
*
*
*
PART 75—MANDATORY SAFETY
STANDARDS—UNDERGROUND COAL
MINES
48. The authority citation for part 75
continues to read as follows:
■
Authority: 30 U.S.C. 811, 813(h), 957.
49. In § 75.301, the definitions of
‘‘Noncombustible structure or area’’ and
‘‘Noncombustible material’’ are revised
to read as follows:
■
§ 75.301
Definitions.
*
*
*
*
*
Noncombustible structure or area.
Describes a structure or area that will
continue to provide protection against
flame spread for at least 1 hour when
subjected to a fire test incorporating an
ASTM E119–88 time/temperature heat
input, or equivalent. The publication
ASTM E119–88 ‘‘Standard Test
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Methods for Fire Tests of Building
Construction and Materials’’ is
incorporated by reference and may be
inspected at any MSHA Coal Mine
Safety and Health District Office, or at
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html. In addition, copies of the
document can be purchased from the
American Society for Testing and
Materials (ASTM), 100 Barr Harbor
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
Noncombustible material. Describes a
material that, when used to construct a
ventilation control, results in a control
that will continue to serve its intended
function for 1 hour when subjected to a
fire test incorporating an ASTM E119–
88 time/temperature heat input, or
equivalent. The publication ASTM
E119–88 ‘‘Standard Test Methods for
Fire Tests of Building Construction and
Materials’’ is incorporated by reference
and may be inspected at any Coal Mine
Safety and Health District Office, or at
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html. In addition, copies of the
document can be purchased from the
American Society for Testing and
Materials (ASTM), 100 Barr Harbor
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
*
*
*
*
*
■ 50. Revise § 75.322 to read as follows:
§ 75.322
gases.
Harmful quantities of noxious
Concentrations of noxious or
poisonous gases, other than carbon
dioxide, shall not exceed the threshold
limit values (TLV) as specified and
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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
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at every
MSHA Coal Mine Safety and Health
District Office. The material is available
for examination at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
■ 51. Section 75.333 is amended by
revising paragraphs (d)(1), (e)(1)(i),
(e)(3), and (f) to read as follows:
§ 75.333
Ventilation controls.
*
*
*
*
*
(d) * * *
(1) Made of noncombustible material
or coated on all accessible surfaces with
flame-retardant materials having a
flame-spread index of 25 or less, as
tested under ASTM E162–87, ‘‘Standard
Test Method for Surface Flammability of
Materials Using a Radiant Heat Energy
Source.’’ This publication is
incorporated by reference and may be
inspected at any MSHA Coal Mine
Safety and Health District Office, or at
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. In
addition, copies of the document can be
purchased from the American Society
for Testing and Materials (ASTM), 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
*
*
*
*
*
(e)(1)(i) Except as provided in
paragraphs (e)(2), (3), and (4) of this
PO 00000
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52991
section, all overcasts, undercasts, shaft
partitions, permanent stoppings, and
regulators, installed after June 10, 1996,
shall be constructed in a traditionally
accepted method and of materials that
have been demonstrated to perform
adequately or in a method and of
materials that have been tested and
shown to have a minimum strength
equal to or greater than the traditionally
accepted in-mine controls. Tests may be
performed under ASTM E72–80,
‘‘Standard Methods of Conducting
Strength Tests of Panels for Building
Construction’’ (Section 12–Transverse
Load–Specimen Vertical, load, only), or
the operator may conduct comparative
in-mine tests. In-mine tests shall be
designed to demonstrate the
comparative strength of the proposed
construction and a traditionally
accepted in-mine control. The
publication ASTM E72–80, ‘‘Standard
Methods of Conducting Strength Tests
of Panels for Building Construction,’’ is
incorporated by reference and may be
inspected at any MSHA Coal Mine
Safety and Health District Office, or at
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. In
addition, copies of the document can be
purchased from the American Society
for Testing and Materials (ASTM), 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
*
*
*
*
*
(3) When timbers are used to create
permanent stoppings in heaving or
caving areas, the stoppings shall be
coated on all accessible surfaces with a
flame-retardant material having a flamespread index of 25 or less, as tested
under ASTM E162–87, ‘‘Standard Test
Method for Surface Flammability of
Materials Using a Radiant Heat Energy
Source.’’ This publication is
incorporated by reference and may be
inspected at any MSHA Coal Mine
Safety and Health District Office, or at
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at the
National Archives and Records
E:\FR\FM\02SER1.SGM
02SER1
52992
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. In
addition, copies of the document can be
purchased from the American Society
for Testing and Materials (ASTM), 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
*
*
*
*
*
(f) When sealants are applied to
ventilation controls, the sealant shall
have a flame-spread index of 25 or less
under ASTM E162–87, ‘‘Standard Test
Method for Surface Flammability of
Materials Using a Radiant Heat Energy
Source.’’ This publication is
incorporated by reference and may be
inspected at any MSHA Coal Mine
Safety and Health District Office, or at
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. In
addition, copies of the document can be
purchased from the American Society
for Testing and Materials (ASTM), 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
*
*
*
*
*
■ 52. Section 75.335 is amended by
revising the introductory text to
paragraph (b) to read as follows:
§ 75.335 Seal strengths, design
applications, and installation.
asabaliauskas on DSK5VPTVN1PROD with RULES
*
*
*
*
*
(b) Seal design applications. Seal
design applications from seal
manufacturers or mine operators shall
be in accordance with paragraph (b)(1)
or (2) of this section and submitted for
approval to MSHA’s Office of Technical
Support, Pittsburgh Safety and Health
Technology Center, 626 Cochrans Mill
Road, Building 151, Pittsburgh, PA
15236–3611.
*
*
*
*
*
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53. Section 75.523–1 is amended by
revising the first sentence in paragraph
(c) to read as follows:
■
§ 75.523–1 Deenergization of selfpropelled electric face equipment
installation requirements.
*
*
*
*
*
(c) An operator may apply to the
Director of Technical Support, Mine
Safety and Health Administration,
Department of Labor, 201 12th Street
South, Arlington, VA 22202–5452; 202–
693–9440; for approval of the
installation of devices to be used in lieu
of devices that will quickly deenergize
the tramming motors of self-propelled
electric face equipment in the event of
an emergency. * * *
■ 54. Section 75.818 is amended by
revising paragraph (b)(4) to read as
follows:
§ 75.818 Use of insulated cable handling
equipment.
*
*
*
*
*
(b) * * *
(4) Be electrically tested every 6
months in accordance with publication
ASTM F496–97. ASTM F496–97
(Standard Specification for In-Service
Care of Insulating Gloves and Sleeves,
1997) is incorporated by reference and
may be inspected at any MSHA Coal
Mine Safety and Health District Office,
or at MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; and at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. In
addition, copies of the document can be
purchased from the American Society
for Testing and Materials, 100 Barr
Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–
832–9500; https://www.astm.org. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
■ 55. Section 75.833 is amended by
revising paragraph (c)(1) to read as
follows:
§ 75.833
cables.
Handling high-voltage trailing
*
*
*
*
*
(c) * * *
(1) The rubber gloves must be
designed and maintained to have a
voltage rating of at least Class 1 (7,500
volts) and tested every 30 days in
accordance with publication ASTM
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
F496–02a, ‘‘Standard Specification for
In-Service Care of Insulating Gloves and
Sleeves’’ (2002). The Director of the
Federal Register approved this
incorporation by reference in
accordance with 5 U.S.C. 522(a) and 1
CFR part 51. ASTM F496–02a may be
obtained from the American Society for
Testing and Materials, 100 Barr Harbor
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959, call
610–832–9500 or go to https://
www.astm.org. ASTM F496–02a is
available for inspection at any MSHA
Coal Mine Safety and Health District
Office, at the MSHA Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
*
*
*
*
*
■ 56. Section 75.1710–1 is amended by
revising the first sentence in paragraph
(f) to read as follows:
§ 75.1710–1 Canopies or cabs; selfpropelled diesel-powered and electric face
equipment; installation requirements.
*
*
*
*
*
(f) An operator may apply to the
Director of Technical Support, Mine
Safety and Health Administration,
Department of Labor, 201 12th Street
South, Arlington, VA 22202–5452, for
approval of the installation of devices to
be used in lieu of substantially
constructed canopies or cabs on selfpropelled diesel-powered and electric
face equipment. * * *
■ 57. In § 75.1900, the definition of
‘‘Noncombustible material’’ is revised to
read as follows:
§ 75.1900
Definitions.
*
*
*
*
*
Noncombustible material. A material
that will continue to serve its intended
function for 1 hour when subjected to a
fire test incorporating an ASTM E119–
88 time/temperature heat input, or
equivalent. The publication ASTM
E119–88 ‘‘Standard Test Methods for
Fire Tests of Building Construction and
Materials’’ is incorporated by reference
and may be inspected at any MSHA
Coal Mine Safety and Health District
Office; at MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html. This incorporation by
reference was approved by the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
In addition, copies of the document may
be purchased from the American
Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA,
19428–2959; 610–832–9500; https://
www.astm.org.
*
*
*
*
*
PART 90—MANDATORY HEALTH
STANDARDS—COAL MINERS WHO
HAVE EVIDENCE OF
PNEUMOCONIOSIS
58. The authority citation for part 90
continues to read as follows:
■
§ 90.208 Respirable dust samples;
transmission by operator.
Authority: 30 U.S.C. 811, 813(h), 957.
59. Section 90.3 is amended by
revising paragraph (d) and the first
sentence in paragraph (e) to read as
follows:
■
§ 90.3 Part 90 option; notice of eligibility;
exercise of option.
*
*
*
*
(d) The option to work in a low dust
area of the mine may be exercised for
the first time by any miner employed at
a coal mine who was eligible for the
option under the old section 203(b)
program (https://www.msha.gov/
REGSTECHAMEND.htm), or is eligible
for the option under this part by sending
a written request to the Chief, Division
of Health, Coal Mine Safety and Health,
MSHA, 201 12th Street South,
Arlington, VA 22202–5452.
(e) The option to work in a low dust
area of the mine may be re-exercised by
any miner employed at a coal mine who
exercised the option under the old
section 203(b) program (https://
www.msha.gov/
REGSTECHAMEND.htm) or exercised
the option under this part by sending a
written request to the Chief, Division of
Health, Coal Mine Safety and Health,
MSHA, 201 12th Street South,
Arlington, VA 22202–5452. * * *
*
*
*
*
*
■ 61. Section 90.204 is amended by
revising paragraph (e) to read as follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
*
§ 90.204 Approved sampling devices;
maintenance and calibration.
*
*
*
*
*
(e) You must proceed in accordance
with ‘‘Calibration and Maintenance
Procedures for Coal Mine Respirable
Dust Samplers,’’ MSHA Informational
Report IR 1240 (1996), referenced in
VerDate Sep<11>2014
19:00 Sep 01, 2015
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paragraph (a) of this section. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
from the MSHA Web site at https://
www.msha.gov and you may inspect or
obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street
South, Arlington, VA 22202–5452; 202–
693–9500; and at each MSHA Coal Mine
Safety and Health District Office, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
■ 62. Section 90.208 is amended by
revising paragraph (a) to read as follows:
(a) If using a CMDPSU, the operator
shall transmit within 24 hours after the
end of the sampling shift all samples
collected to fulfill the requirements of
this part, including control filters, in
containers provided by the
manufacturer of the filter cassette to:
Respirable Dust Processing Laboratory,
Pittsburgh Safety and Health
Technology Center, 626 Cochrans Mill
Road, Building 38, Pittsburgh, PA
15236–3611, or to any other address
designated by the District Manager.
*
*
*
*
*
[FR Doc. 2015–21054 Filed 9–1–15; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2015–0738]
RIN 1625–AA08
Special Local Regulation; Southern
California Annual Marine Events for
the San Diego Captain of the Port
Zone; San Diego Bay, San Diego, CA
Coast Guard, DHS.
Temporary interim rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
date of the special local regulation on
the navigable waters of San Diego Bay,
San Diego, California in support of the
annual TriRock San Diego Triathlon.
This temporary interim rule adjusts the
date for the established special local
regulations listed in 33 CFR 100.1101
SUMMARY:
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52993
(table 1, item 11). This temporary
interim rule provides public notice and
is necessary to ensure the safety of
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway.
Unauthorized persons and vessels are
prohibited from entering into, transiting
through, or anchoring within the
regulated area unless authorized by the
Captain of the Port (COTP), or his
designated representative. The Coast
Guard requests public comments on the
temporary interim rule.
DATES: This rule is effective from 6:30
a.m. through 10:30 a.m. on September
20, 2015. Public comments must be
received by September 19, 2015.
ADDRESSES: Submit comments using one
of the listed methods, and see
SUPPLEMENTARY INFORMATION for more
information on public comments.
• Online—https://www.regulations.gov
following Web site instructions.
• Fax—202–493–2251.
• Mail or hand deliver—Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Hand
delivery hours: 9 a.m. to 5 p.m., Monday
through Friday, except Federal holidays
(telephone 202–366–9329).
Documents mentioned in this
preamble are part of docket [USCG–
2015–0738]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Randolph Pahilanga,
Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard;
telephone 619–278–7656, email
D11MarineEventsSD@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
E:\FR\FM\02SER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52984-52993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21054]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 7, 18, 44, 46, 48, 49, 56, 57, 70, 71, 72, 74, 75, and
90
MSHA Headquarters, Pittsburgh Safety and Health Technology
Center, and Respirable Dust Processing Laboratory Address Changes
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Mine Safety and Health Administration (MSHA) is amending
its published regulations that include the Agency's addresses. MSHA
relocated its Headquarters offices and also will discontinue renting
the Post Office boxes it uses for mail delivery to the Pittsburgh
Safety and Health Technology Center and Respirable Dust Processing
Laboratory. In addition, MSHA is amending the incorporation by
reference language in some of its regulations to include current
addresses, telephone numbers, and internet addresses.
DATES: Effective Date: September 2, 2015.
FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, at
mcconnell.sheila.a@dol.gov (email); 202-693-9440 (voice); or 202-693-
9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION: On June 15, 2015, MSHA moved its
Headquarters offices from 1100 Wilson Boulevard, Arlington, VA 22209-
3939 to 201 12th Street South, Arlington, VA 22202-5452. MSHA is
amending its regulations to include MSHA's new address.
MSHA is also amending its regulations to update the mailing address
of MSHA's Office of Technical Support, Pittsburgh Safety and Health
Technology Center. MSHA will discontinue renting the Post Office boxes
it uses for mail delivery. The mailing address for the Pittsburgh
Safety and Health Technology Center's Respirable Dust Processing
Laboratory is 626 Cochrans Mill Road, Building 38, Pittsburgh, PA
15236-3611. The mailing address to submit seal design applications for
approval by the Pittsburgh Safety and Health Technology Center is 626
Cochrans Mill Road, Building 151, Pittsburgh, PA 15236-3611.
In addition, MSHA made other non-substantive changes to correct
inaccurate names: Sec. Sec. 48.3, 48.23, and 48.32 contain a non-
substantive change to the name of the Administrator for Metal and
Nonmetal Mine Safety and Health; Sec. Sec. 7.505, 56.2, 57.2, and
75.301 contain a non-substantive change to the name of the Office of
Standards, Regulations, and Variances; and Sec. Sec. 49.3, 49.4, and
49.8 contain a non-substantive change to remove an obsolete or
inapplicable name.
MSHA is also amending previously approved incorporation by
reference (IBR) language in some MSHA regulations. The amendments
conform to current Office of the Federal Register (OFR) format
requirements for an IBR regarding publisher addresses, telephone
numbers, and internet addresses, and include contact information for
the National Archives and Records Administration (NARA).
This technical amendment is a procedural ``rule'' under 5 U.S.C.
551(4), and is not subject to the notice-and-comment rulemaking
requirements in 5 U.S.C. 553. This action also does not constitute a
``regulatory action'' subject to Executive Order 12866. Accordingly,
the regulations in 30 CFR parts 7, 18, 44, 46, 48, 49, 56, 57, 70, 71,
72, 74, 75, and 90 are amended to include updated information.
List of Subjects
30 CFR Part 7
Explosives, Incorporation by reference, Mine safety and health,
Reporting and recordkeeping requirements, Research.
[[Page 52985]]
30 CFR Part 18
Mine safety and health, Reporting and recordkeeping requirements.
30 CFR Part 44
Administrative practice and procedure, Mine safety and health,
Reporting and recordkeeping requirements.
30 CFR Part 46
Education, Mine safety and health, Reporting and recordkeeping
requirements.
30 CFR Part 48
Education, Mine safety and health, Reporting and recordkeeping
requirements.
30 CFR Part 49
Education, Mine safety and health, Reporting and recordkeeping
requirements.
30 CFR Part 56
Chemicals, Electric power, Explosives, Fire prevention, Hazardous
substances, Incorporation by reference, Metals, Mine safety and health,
Reporting and recordkeeping requirements.
30 CFR Part 57
Chemicals, Electric power, Explosives, Fire prevention, Gases,
Hazardous substances, Incorporation by reference, Metals, Mine safety
and health, Radiation protection, Reporting and recordkeeping
requirements.
30 CFR Part 70
Incorporation by reference, Mine safety and health, Reporting and
recordkeeping requirements.
30 CFR Part 71
Hazardous substances, Incorporation by reference, Mine safety and
health, Reporting and recordkeeping requirements, Water supply.
30 CFR Part 72
Coal, Incorporation by reference, Mine safety and health.
30 CFR Part 74
Incorporation by reference, Mine safety and health, Occupational
safety and health.
30 CFR Part 75
Communications equipment, Electric power, Emergency medical
services, Explosives, Fire prevention, Incorporation by reference, Mine
safety and health, Reporting and recordkeeping requirements.
30 CFR Part 90
Black lung benefits, Incorporation by reference, Mine safety and
health, Reporting and recordkeeping requirements.
Dated: August 19, 2015.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977, as amended, MSHA is
amending chapter I of title 30 of the Code of Federal Regulations as
follows:
PART 7--TESTING BY APPLICANT OR THIRD PARTY
0
1. The authority citation for part 7 continues to read as follows:
Authority: 30 U.S.C. 957.
0
2. Section 7.505 is amended by revising paragraph (b)(6) to read as
follows:
Sec. 7.505 Structural components.
* * * * *
(b) * * *
(6) A test shall be conducted to demonstrate that each structure
resists puncture and tearing when tested in accordance with ASTM D2582-
07 ``Standard Test Method for Puncture-Propagation Tear Resistance of
Plastic Film and Thin Sheeting.'' This publication is incorporated by
reference. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. A copy may be obtained from the American Society for Testing
and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; 610-832-9500; https://www.astm.org. A copy
may be inspected at any MSHA Coal Mine Safety and Health District
Office; or at MSHA's Office of Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
PART 18--ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES
0
3. The authority citation for part 18 continues to read as follows:
Authority: 30 U.S.C. 957, 961.
0
4. Section 18.82 is amended by revising the second sentence of
paragraph (a) to read as follows:
Sec. 18.82 Permit to use experimental electric face equipment in a
gassy mine or tunnel.
(a) * * * The user shall submit a written application to the
Assistant Secretary of Labor for Mine Safety and Health, 201 12th
Street South, Arlington, VA 22202-5452, and send a copy to the U.S.
Department of Labor, Mine Safety and Health Administration, Approval
and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
* * * * *
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF
MANDATORY SAFETY STANDARDS
0
5. The authority citation for part 44 continues to read as follows:
Authority: 30 U.S.C. 957.
0
6. In Sec. 44.10, revise the second sentence to read as follows:
Sec. 44.10 Filing of petition; service.
* * * All petitions must be in writing and must be filed with the
Director, Office of Standards, Regulations, and Variances, Mine Safety
and Health Administration, 201 12th Street South, Arlington, VA 22202-
5452. * * *
0
7. Section 44.21 is amended by revising the third sentence in paragraph
(a) to read as follows:
Sec. 44.21 Filing and form of documents.
(a) * * * While the petition is before the Assistant Secretary at
any stage of the proceeding, all documents should be filed with the
Assistant Secretary of Labor for Mine Safety and Health, 201 12th
Street South, Arlington, VA 22202-5452.
* * * * *
PART 46--TRAINING AND RETRAINING OF MINERS ENGAGED IN SHELL
DREDGING OR EMPLOYED AT SAND, GRAVEL, SURFACE STONE, SURFACE CLAY,
COLLOIDAL PHOSPHATE, OR SURFACE LIMESTONE MINES
0
8. The authority citation for part 46 continues to read as follows:
Authority: 30 U.S.C. 811, 825.
0
9. Section 46.2 is amended by revising paragraph (d)(1)(iii) to read as
follows:
Sec. 46.2 Definitions.
* * * * *
(d)(1) * * *
(iii) A person who began employment as a miner after April 14,
1999, but before October 2, 2000, and who has
[[Page 52986]]
received new miner training under Sec. 48.25 of this chapter or under
proposed requirements published April 14, 1999, which are available
from the Office of Standards, Regulations, and Variances, MSHA, 201
12th Street South, Arlington, VA 22202-5452; or,
* * * * *
0
10. Section 46.3 is amended by revising the first sentence in paragraph
(h) to read as follows:
Sec. 46.3 Training plans.
* * * * *
(h) If you, miners, or miners' representatives wish to appeal a
decision of the Regional Manager, you must send the appeal, in writing,
to the Director for Educational Policy and Development, MSHA, 201 12th
Street South, Arlington, VA 22202-5452, within 30 calendar days after
notification of the Regional Manager's decision. * * *
* * * * *
PART 48--TRAINING AND RETRAINING OF MINERS
0
11. The authority citation for part 48 continues to read as follows:
Authority: 30 U.S.C. 811, 825.
0
12. Section 48.3 is amended by revising the third sentence in paragraph
(i) to read as follows:
Sec. 48.3 Training plans; time of submission; where filed;
information required; time for approval; method for disapproval;
commencement of training; approval of instructors.
* * * * *
(i) * * * A decision by the District Manager to revoke an
instructor's approval may be appealed by the instructor to the
Administrator for Coal Mine Safety and Health or Administrator for
Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 201
12th Street South, Arlington, VA 22202-5452. * * *
* * * * *
0
13. Section 48.12 is amended by revising paragraph (a) to read as
follows:
Sec. 48.12 Appeals procedures.
* * * * *
(a) In the event an operator, miner, or miners' representative
decides to appeal a decision by a District Manager, such an appeal
shall be submitted, in writing, to the Administrator for Coal Mine
Safety and Health or the Administrator for Metal and Nonmetal Mine
Safety and Health, as appropriate, MSHA, 201 12th Street South,
Arlington, VA 22202-5452, within 30 days of notification of the
District Manager's decision.
* * * * *
0
14. Section 48.23 is amended by revising the third sentence in
paragraph (i) to read as follows:
Sec. 48.23 Training plans; time of submission; where filed;
information required; time for approval; method for disapproval;
commencement of training; approval of instructors.
* * * * *
(i) * * * A decision by the District Manager to revoke an
instructor's approval may be appealed by the instructor to the
Administrator for Coal Mine Safety and Health or the Administrator for
Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 201
12th Street South, Arlington, VA 22202-5452. * * *
* * * * *
0
15. Section 48.32 is amended by revising paragraph (a) to read as
follows:
Sec. 48.32 Appeals procedures.
(a) In the event an operator, miner, or miners' representative
decides to appeal a decision by the District Manager, such an appeal
shall be submitted, in writing, to the Administrator for Coal Mine
Safety and Health or the Administrator for Metal and Nonmetal Mine
Safety and Health, as appropriate, MSHA, 201 12th Street South,
Arlington, VA 22202-5452, within 30 days of notification of the
District Manager's decision.
* * * * *
PART 49--MINE RESCUE TEAMS
0
16. The authority citation for part 49 continues to read as follows:
Authority: 30 U.S.C. 811, 825(e).
0
17. Section 49.3 is amended by revising the second sentence of
paragraph (h)(2) to read as follows:
Sec. 49.3 Alternative mine rescue capability for small and remote
mines.
* * * * *
(h) * * *
(2) * * * The operator may appeal this decision in writing to the
Administrator for Metal and Nonmetal Mine Safety and Health, 201 12th
Street South, Arlington, VA 22202-5452.
0
18. Section 49.4 is amended by revising the second sentence of
paragraph (i)(2) to read as follows:
Sec. 49.4 Alternative mine rescue capability for special mining
conditions.
* * * * *
(i) * * *
(2) * * * The operator may appeal this decision in writing to the
Administrator for Metal and Nonmetal Mine Safety and Health, 201 12th
Street South, Arlington, VA 22202-5452.
0
19. Section 49.8 is amended by revising the third sentence of paragraph
(e) to read as follows:
Sec. 49.8 Training for mine rescue teams.
* * * * *
(e) * * * The affected instructor may appeal the decision of the
District Manager by writing to the Administrator for Metal and Nonmetal
Mine Safety and Health, MSHA, 201 12th Street South, Arlington, VA
22202-5452. * * *
* * * * *
PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL
MINES
0
20. The authority citation for part 56 continues to read as follows:
Authority: 30 U.S.C. 811.
0
21. In Sec. 56.2, revise the definition for ``Laminated partition'' to
read as follows:
Sec. 56.2 Definitions.
* * * * *
Laminated partition means a partition composed of the following
material and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/
2\-inch-thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and
\1/4\-inch-thick plywood, bonded together in that order (IME-22 Box). A
laminated partition also includes alternative construction materials
described in the Institute of Makers of Explosives (IME) Safety Library
Publication No. 22, ``Recommendations for the Safe Transportation of
Detonators in a Vehicle with Other Explosive Materials'' (May 1993),
and the ``Generic Loading Guide for the IME-22 Container'' (October
1993). The IME is located at 1120 19th Street NW., Suite 310,
Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. 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 at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at all Metal and Nonmetal Mine Safety and Health District
Offices, or available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/
[[Page 52987]]
federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
22. Section 56.6133 is amended by revising paragraph (b) to read as
follows:
Sec. 56.6133 Powder chests.
* * * * *
(b) Detonators shall be kept in chests separate from explosives or
blasting agents, unless separated by 4 inches of hardwood or
equivalent, or a laminated partition. When a laminated partition is
used, operators must follow the provisions of the Institute of Makers
of Explosives (IME) Safety Library Publication No. 22,
``Recommendations for the Safe Transportation of Detonators in a
Vehicle with Other Explosive Materials'' (May 1993), and the ``Generic
Loading Guide for the IME-22 Container'' (October 1993). The IME is
located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605;
202-429-9280; https://www.ime.org. 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 at MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal
Mine Safety and Health District Offices, or available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
23. Section 56.6201 is amended by revising paragraphs (a)(2) and (b)(2)
to read as follows:
Sec. 56.6201 Separation of transported explosive material.
* * * * *
(a) * * *
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of
the Institute of Makers of Explosives (IME) Safety Library Publication
No.22, ``Recommendations for the Safe Transportation of Detonators in a
Vehicle with Other Explosive Materials'' (May 1993), and the ``Generic
Loading Guide for the IME-22 Container'' (October 1993). The IME is
located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605;
202-429-9280; https://www.ime.org. 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 at MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal
Mine Safety and Health District Offices, or available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) * * *
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of
IME Safety Library Publication No. 22, ``Recommendations for the Safe
Transportation of Detonators in a Vehicle with Other Explosive
Materials'' (May 1993), and the ``Generic Loading Guide for the IME-22
Container'' (October 1993). The IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. 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 at MSHA's Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and
Health District Offices, or available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
24. Section 56.14130 is amended by revising paragraph (j) to read as
follows:
Sec. 56.14130 Roll-over protective structures (ROPS) and seat belts.
* * * * *
(j) Publications. The incorporation by reference of these
publications is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
publications may be examined at any Metal and Nonmetal Mine Safety and
Health District Office; at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased
from the Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, PA 15096-0001; 724-776-4841; https://www.sae.org.
0
25. Section 56.14131 is amended by revising paragraph (d) to read as
follows:
Sec. 56.14131 Seat belts for haulage trucks.
* * * * *
(d) The incorporation by reference of these publications is
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be
examined at any Metal and Nonmetal Mine Safety and Health District
Office; at MSHA's Office of Standards, Regulations, and Variances, 201
12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-
0001; 724-776-4841; https://www.sae.org.
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND
NONMETAL MINES
0
26. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
0
27. In Sec. 57.2, revise the definition for ``Laminated partition'' to
read as follows:
Sec. 57.2 Definitions.
* * * * *
Laminated partition means a partition composed of the following
material and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/
2\-inch-thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and
\1/4\-inch-thick plywood, bonded together in that order (IME-22 Box). A
laminated partition also includes alternative construction materials
described in the Institute of Makers of Explosives (IME) Safety Library
Publication No. 22, ``Recommendations for the Safe Transportation of
Detonators in a Vehicle with Other Explosive Materials''
[[Page 52988]]
(May 1993), and the ``Generic Loading Guide for the IME-22 Container''
(October 1993). The IME is located at 1120 19th Street NW., Suite 310,
Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. 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 at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at all Metal and Nonmetal Mine Safety and Health District
Offices, or available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
28. Section 57.6133 is amended by revising paragraph (b) to read as
follows:
Sec. 57.6133 Powder chests.
* * * * *
(b) Detonators shall be kept in chests separate from explosives or
blasting agents, unless separated by 4 inches of hardwood or
equivalent, or a laminated partition. When a laminated partition is
used, operators must follow the provisions of the Institute of Makers
of Explosives (IME) Safety Library Publication No. 22,
``Recommendations for the Safe Transportation of Detonators in a
Vehicle with Other Explosive Materials'' (May 1993), and the ``Generic
Loading Guide for the IME-22 Container'' (October 1993). The IME is
located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605;
202-429-9280; https://www.ime.org. 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 at MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal
Mine Safety and Health District Offices, or available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
29. Section 57.6201 is amended by revising paragraphs (a)(2) and (b)(2)
to read as follows:
Sec. 57.6201 Separation of transported explosive material.
* * * * *
(a) * * *
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of
the Institute of Makers of Explosives (IME) Safety Library Publication
No. 22, ``Recommendations for the Safe Transportation of Detonators in
a Vehicle with Other Explosive Materials'' (May 1993), and the
``Generic Loading Guide for the IME-22 Container'' (October 1993). The
IME is located at 1120 19th Street NW., Suite 310, Washington, DC
20036-3605; 202-429-9280; https://www.ime.org. 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
at MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal
and Nonmetal Mine Safety and Health District Offices, or available for
examination at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) * * *
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of
IME Safety Library Publication No. 22, ``Recommendations for the Safe
Transportation of Detonators in a Vehicle with Other Explosive
Materials'' (May 1993), and the ``Generic Loading Guide for the IME-22
Container'' (October 1993). The IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. 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 at MSHA's Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and
Health District Offices, or available for examination at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
30. Section 57.14130 is amended by revising paragraph (j) to read as
follows:
Sec. 57.14130 Roll-over protective structures (ROPS) and seat belts
for surface equipment.
* * * * *
(j) Publications. The incorporation by reference of these
publications is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
publications may be examined at any Metal and Nonmetal Mine Safety and
Health District Office; at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased
from the Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, PA 15096-0001; 724-776-4841; https://www.sae.org.
0
31. Section 57.14131 is amended by revising paragraph (d) to read as
follows:
Sec. 57.14131 Seat belts for surface haulage trucks.
* * * * *
(d) The incorporation by reference of these publications is
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be
examined at any Metal and Nonmetal Mine Safety and Health District
Office; at MSHA's Office of Standards, Regulations, and Variances, 201
12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-
0001; 724-776-4841; https://www.sae.org.
0
32. Section 57.22005 is amended by revising the first sentence in
paragraph (b) to read as follows:
[[Page 52989]]
Sec. 57.22005 Notice and appeal of placement or change in placement.
* * * * *
(b) The mine operator or representative of miners may obtain review
of the Administrator's determination by filing a request for a hearing
with the Assistant Secretary of Labor for Mine Safety and Health, Mine
Safety and Health Administration, 201 12th Street South, Arlington, VA
22202-5452 within 30 days of the Administrator's determination. * * *
* * * * *
PART 70--MANDATORY HEALTH STANDARDS--UNDERGROUND COAL MINES
0
33. The authority citation for part 70 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
0
34. Section 70.204 is amended by revising paragraph (e) to read as
follows:
Sec. 70.204 Approved sampling devices; maintenance and calibration.
* * * * *
(e) You must proceed in accordance with ``Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers,'' MSHA
Informational Report IR 1240 (1996), referenced in paragraph (a) of
this section. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may obtain a copy from the MSHA Web site at https://www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452;
202-693-9500; and at each MSHA Coal Mine Safety and Health District
Office, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
35. Section 70.210 is amended by revising paragraph (a) to read as
follows:
Sec. 70.210 Respirable dust samples; transmission by operator.
(a) If using a CMDPSU, the operator shall transmit within 24 hours
after the end of the sampling shift all samples collected to fulfill
the requirements of this part, including control filters, in containers
provided by the manufacturer of the filter cassette to: Respirable Dust
Processing Laboratory, Pittsburgh Safety and Health Technology Center,
626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to
any other address designated by the District Manager.
* * * * *
0
36. Section 70.1900 is amended by revising paragraph (c) to read as
follows:
Sec. 70.1900 Exhaust Gas Monitoring.
* * * * *
(c) Except as provided in Sec. 75.325(j) of this chapter, when
sampling results indicate a concentration of CO and/or NO2
exceeding an action level of 50 percent of the threshold limit values
(TLV[supreg]) adopted by the American Conference of Governmental
Industrial Hygienists, the mine operator shall immediately take
appropriate corrective action to reduce the concentrations of CO and/or
NO2 to below the applicable action level. The publication,
``Threshold Limit Values for Substance in Workroom Air'' (1972) is
incorporated by reference and may be inspected at MSHA's Office of
Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; at any MSHA Coal Mine Safety
and Health District Office; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In
addition, copies of the document may be purchased from the American
Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow
Drive, Attn: Customer Service, Cincinnati, OH 45240; 513-742-2020;
https://www.acgih.org.
* * * * *
PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE
WORK AREAS OF UNDERGROUND COAL MINES
0
37. The authority citation for part 71 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
0
38. Section 71.204 is amended by revising paragraph (e) to read as
follows:
Sec. 71.204 Approved sampling devices; maintenance and calibration.
* * * * *
(e) You must proceed in accordance with ``Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers,'' MSHA
Informational Report IR 1240 (1996), referenced in paragraph (a) of
this section. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may obtain a copy from the MSHA Web site at https://www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452;
202-693-9500; and at each MSHA Coal Mine Safety and Health District
Office, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
39. Section 71.207 is amended by revising paragraph (a) to read as
follows:
Sec. 71.207 Respirable dust samples; transmission by operator.
(a) If using a CMDPSU, the operator shall transmit within 24 hours
after the end of the sampling shift all samples collected to fulfill
the requirements of this part, including control filters, in containers
provided by the manufacturer of the filter cassette to: Respirable Dust
Processing Laboratory, Pittsburgh Safety and Health Technology Center,
626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to
any other address designated by the District Manager.
* * * * *
0
40. Section 71.402 is amended by revising paragraph (b) to read as
follows:
Sec. 71.402 Minimum requirements for bathing facilities, change
rooms, and sanitary flush toilet facilities.
* * * * *
(b) Bathing facilities, change rooms, and sanitary flush toilet
facilities shall be constructed and equipped so as to comply with
applicable State and local building codes. However, where no State or
local building codes apply to these facilities, or where no State or
local building codes exist, the facilities shall be constructed and
equipped so as to meet the minimum construction requirements in the
National Building Code (1967 edition) and the plumbing requirements in
the National Plumbing Code (ASA A40.8-1955), which documents are hereby
incorporated by reference and made a part hereof. These documents are
available for examination at MSHA's Office of Standards, Regulations,
and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-
693-9440; and at every MSHA Coal Mine Safety and Health District
Office. Copies of the National Plumbing Code (ASA A40.8-1955) may be
purchased from the American
[[Page 52990]]
National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New
York, NY 10036; https://www.ansi.org.
* * * * *
0
41. Section 71.700 is amended by revising paragraph (a) to read as
follows:
Sec. 71.700 Inhalation hazards; threshold limit values for gases,
dust, fumes, mists, and vapors.
(a) No operator of an underground coal mine and no operator of a
surface coal mine may permit any person working at a surface
installation or surface worksite to be exposed to airborne contaminants
(other than respirable coal mine dust, respirable dust containing
quartz, and asbestos dust) in excess of, on the basis of a time-
weighted average, the threshold limit values adopted by the American
Conference of Governmental Industrial Hygienists in ``Threshold Limit
Values of Airborne Contaminants'' (1972), which is hereby incorporated
by reference and made a part hereof. Excursions above the listed
threshold limit values shall not be of greater magnitude than is
characterized as permissible by the conference. This paragraph does not
apply to airborne contaminants given a ``C'' designation by the
conference in the document. This document is available for examination
at MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5452; 202-693-9440; and at every MSHA
Coal Mine Safety and Health District Office. Copies of the document may
be purchased from the American Conference of Governmental Industrial
Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service,
Cincinnati, OH 45240; 513-742-2020; https://www.acgih.org.
* * * * *
PART 72--HEALTH STANDARDS FOR COAL MINES
0
42. The authority citation for part 72 continues to read as follows:
Authority 30 U.S.C. 811, 813(h), 957.
0
43. Revise Sec. 72.710 to read as follows:
Sec. 72.710 Selection, fit, use, and maintenance of approved
respirators.
In order to ensure the maximum amount of respiratory protection,
approved respirators shall be selected, fitted, used, and maintained in
accordance with the provisions of the American National Standards
Institute's ``Practices for Respiratory Protection ANSI Z88.2-1969,''
which is hereby incorporated by reference. This publication may be
obtained from the American National Standards Institute, Inc., 25 W.
43rd Street, 4th Floor, New York, NY 10036; https://www.ansi.org, and
may be inspected at any MSHA Coal Mine Safety and Health District
Office, or at MSHA's Office of Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
PART 74--COAL MINE DUST SAMPLING DEVICES
0
44. The authority citation for part 74 continues to read as follows:
Authority: 30 U.S.C. 957.
0
45. Section 74.7 is amended by revising paragraphs (f)(1)(ii),
(f)(2)(ii), and (g)(2) to read as follows:
Sec. 74.7 Design and construction requirements.
* * * * *
(f) * * *
(1) * * *
(ii) Persons may inspect a copy at MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452, 202-693-9440, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(2) * * *
(ii) Persons may inspect a copy at MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452, 202-693-9440, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(g) * * *
(2) Persons may inspect a copy at MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
46. Section 74.8 is amended by revising paragraph (f)(2) to read as
follows:
Sec. 74.8 Measurement, accuracy, and reliability requirements.
* * * * *
(f) * * *
(2) Persons may inspect a copy at MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
47. Section 74.9 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 74.9 Quality assurance.
(a) * * *
(3) Persons may inspect a copy at MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
0
48. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
0
49. In Sec. 75.301, the definitions of ``Noncombustible structure or
area'' and ``Noncombustible material'' are revised to read as follows:
Sec. 75.301 Definitions.
* * * * *
Noncombustible structure or area. Describes a structure or area
that will continue to provide protection against flame spread for at
least 1 hour when subjected to a fire test incorporating an ASTM E119-
88 time/temperature heat input, or equivalent. The publication ASTM
E119-88 ``Standard Test
[[Page 52991]]
Methods for Fire Tests of Building Construction and Materials'' is
incorporated by reference and may be inspected at any MSHA Coal Mine
Safety and Health District Office, or at MSHA's Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In
addition, copies of the document can be purchased from the American
Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; https://www.astm.org. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
Noncombustible material. Describes a material that, when used to
construct a ventilation control, results in a control that will
continue to serve its intended function for 1 hour when subjected to a
fire test incorporating an ASTM E119-88 time/temperature heat input, or
equivalent. The publication ASTM E119-88 ``Standard Test Methods for
Fire Tests of Building Construction and Materials'' is incorporated by
reference and may be inspected at any Coal Mine Safety and Health
District Office, or at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of
the document can be purchased from the American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; 610-832-9500; https://www.astm.org. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
0
50. Revise Sec. 75.322 to read as follows:
Sec. 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 MSHA's Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; and at every MSHA Coal Mine Safety and Health
District Office. The material is available for examination at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
51. Section 75.333 is amended by revising paragraphs (d)(1), (e)(1)(i),
(e)(3), and (f) to read as follows:
Sec. 75.333 Ventilation controls.
* * * * *
(d) * * *
(1) Made of noncombustible material or coated on all accessible
surfaces with flame-retardant materials having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using a Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any MSHA Coal Mine Safety and Health District Office, or at MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be
purchased from the American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
610-832-9500; https://www.astm.org. This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
* * * * *
(e)(1)(i) Except as provided in paragraphs (e)(2), (3), and (4) of
this section, all overcasts, undercasts, shaft partitions, permanent
stoppings, and regulators, installed after June 10, 1996, shall be
constructed in a traditionally accepted method and of materials that
have been demonstrated to perform adequately or in a method and of
materials that have been tested and shown to have a minimum strength
equal to or greater than the traditionally accepted in-mine controls.
Tests may be performed under ASTM E72-80, ``Standard Methods of
Conducting Strength Tests of Panels for Building Construction''
(Section 12-Transverse Load-Specimen Vertical, load, only), or the
operator may conduct comparative in-mine tests. In-mine tests shall be
designed to demonstrate the comparative strength of the proposed
construction and a traditionally accepted in-mine control. The
publication ASTM E72-80, ``Standard Methods of Conducting Strength
Tests of Panels for Building Construction,'' is incorporated by
reference and may be inspected at any MSHA Coal Mine Safety and Health
District Office, or at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of
the document can be purchased from the American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; 610-832-9500; https://www.astm.org. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
(3) When timbers are used to create permanent stoppings in heaving
or caving areas, the stoppings shall be coated on all accessible
surfaces with a flame-retardant material having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using a Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any MSHA Coal Mine Safety and Health District Office, or at MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at the National Archives
and Records
[[Page 52992]]
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In
addition, copies of the document can be purchased from the American
Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; https://www.astm.org. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
(f) When sealants are applied to ventilation controls, the sealant
shall have a flame-spread index of 25 or less under ASTM E162-87,
``Standard Test Method for Surface Flammability of Materials Using a
Radiant Heat Energy Source.'' This publication is incorporated by
reference and may be inspected at any MSHA Coal Mine Safety and Health
District Office, or at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of
the document can be purchased from the American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; 610-832-9500; https://www.astm.org. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
0
52. Section 75.335 is amended by revising the introductory text to
paragraph (b) to read as follows:
Sec. 75.335 Seal strengths, design applications, and installation.
* * * * *
(b) Seal design applications. Seal design applications from seal
manufacturers or mine operators shall be in accordance with paragraph
(b)(1) or (2) of this section and submitted for approval to MSHA's
Office of Technical Support, Pittsburgh Safety and Health Technology
Center, 626 Cochrans Mill Road, Building 151, Pittsburgh, PA 15236-
3611.
* * * * *
0
53. Section 75.523-1 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 75.523-1 Deenergization of self-propelled electric face
equipment installation requirements.
* * * * *
(c) An operator may apply to the Director of Technical Support,
Mine Safety and Health Administration, Department of Labor, 201 12th
Street South, Arlington, VA 22202-5452; 202-693-9440; for approval of
the installation of devices to be used in lieu of devices that will
quickly deenergize the tramming motors of self-propelled electric face
equipment in the event of an emergency. * * *
0
54. Section 75.818 is amended by revising paragraph (b)(4) to read as
follows:
Sec. 75.818 Use of insulated cable handling equipment.
* * * * *
(b) * * *
(4) Be electrically tested every 6 months in accordance with
publication ASTM F496-97. ASTM F496-97 (Standard Specification for In-
Service Care of Insulating Gloves and Sleeves, 1997) is incorporated by
reference and may be inspected at any MSHA Coal Mine Safety and Health
District Office, or at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of
the document can be purchased from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959; 610-832-9500; https://www.astm.org. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
0
55. Section 75.833 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 75.833 Handling high-voltage trailing cables.
* * * * *
(c) * * *
(1) The rubber gloves must be designed and maintained to have a
voltage rating of at least Class 1 (7,500 volts) and tested every 30
days in accordance with publication ASTM F496-02a, ``Standard
Specification for In-Service Care of Insulating Gloves and Sleeves''
(2002). The Director of the Federal Register approved this
incorporation by reference in accordance with 5 U.S.C. 522(a) and 1 CFR
part 51. ASTM F496-02a may be obtained from the American Society for
Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, call 610-832-9500 or go to https://www.astm.org. ASTM F496-02a is available for inspection at any MSHA
Coal Mine Safety and Health District Office, at the MSHA Office of
Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
56. Section 75.1710-1 is amended by revising the first sentence in
paragraph (f) to read as follows:
Sec. 75.1710-1 Canopies or cabs; self-propelled diesel-powered and
electric face equipment; installation requirements.
* * * * *
(f) An operator may apply to the Director of Technical Support,
Mine Safety and Health Administration, Department of Labor, 201 12th
Street South, Arlington, VA 22202-5452, for approval of the
installation of devices to be used in lieu of substantially constructed
canopies or cabs on self-propelled diesel-powered and electric face
equipment. * * *
0
57. In Sec. 75.1900, the definition of ``Noncombustible material'' is
revised to read as follows:
Sec. 75.1900 Definitions.
* * * * *
Noncombustible material. A material that will continue to serve its
intended function for 1 hour when subjected to a fire test
incorporating an ASTM E119-88 time/temperature heat input, or
equivalent. The publication ASTM E119-88 ``Standard Test Methods for
Fire Tests of Building Construction and Materials'' is incorporated by
reference and may be inspected at any MSHA Coal Mine Safety and Health
District Office; at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA,
[[Page 52993]]
call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies
of the document may be purchased from the American Society for Testing
and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA, 19428-2959; 610-832-9500; https://www.astm.org.
* * * * *
PART 90--MANDATORY HEALTH STANDARDS--COAL MINERS WHO HAVE EVIDENCE
OF PNEUMOCONIOSIS
0
58. The authority citation for part 90 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
0
59. Section 90.3 is amended by revising paragraph (d) and the first
sentence in paragraph (e) to read as follows:
Sec. 90.3 Part 90 option; notice of eligibility; exercise of option.
* * * * *
(d) The option to work in a low dust area of the mine may be
exercised for the first time by any miner employed at a coal mine who
was eligible for the option under the old section 203(b) program
(https://www.msha.gov/REGSTECHAMEND.htm), or is eligible for the option
under this part by sending a written request to the Chief, Division of
Health, Coal Mine Safety and Health, MSHA, 201 12th Street South,
Arlington, VA 22202-5452.
(e) The option to work in a low dust area of the mine may be re-
exercised by any miner employed at a coal mine who exercised the option
under the old section 203(b) program (https://www.msha.gov/REGSTECHAMEND.htm) or exercised the option under this part by sending a
written request to the Chief, Division of Health, Coal Mine Safety and
Health, MSHA, 201 12th Street South, Arlington, VA 22202-5452. * * *
* * * * *
0
61. Section 90.204 is amended by revising paragraph (e) to read as
follows:
Sec. 90.204 Approved sampling devices; maintenance and calibration.
* * * * *
(e) You must proceed in accordance with ``Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers,'' MSHA
Informational Report IR 1240 (1996), referenced in paragraph (a) of
this section. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may obtain a copy from the MSHA Web site at https://www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452;
202-693-9500; and at each MSHA Coal Mine Safety and Health District
Office, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
62. Section 90.208 is amended by revising paragraph (a) to read as
follows:
Sec. 90.208 Respirable dust samples; transmission by operator.
(a) If using a CMDPSU, the operator shall transmit within 24 hours
after the end of the sampling shift all samples collected to fulfill
the requirements of this part, including control filters, in containers
provided by the manufacturer of the filter cassette to: Respirable Dust
Processing Laboratory, Pittsburgh Safety and Health Technology Center,
626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to
any other address designated by the District Manager.
* * * * *
[FR Doc. 2015-21054 Filed 9-1-15; 8:45 am]
BILLING CODE 4510-43-P
