[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]


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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.

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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 
[email protected] (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; http://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: http://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: http://
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: http://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: http://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: 
http://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: http://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; http://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: 
http://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; http://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: http://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: http://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: http://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: 
http://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: http://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; http://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: 
http://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; http://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 http://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: http://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: http://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; 
http://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 http://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: http://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; http://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; http://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; http://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: http://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: http://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: http://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: http://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: http://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: http://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: http://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; http://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: http://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; http://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: 
http://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: http://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; http://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: http://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; http://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: http://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; http://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: http://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; http://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: http://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; http://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 http://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: http://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: http://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; http://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 
(http://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 (http://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 http://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: http://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