[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35692-35696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16849]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 18, 19, 20, 22, 27, 28, 35, 36, 50, 56, 57, 70, 71, 
74, 77, 90


Technical Amendments

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule; technical amendments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is amending 
its regulations to make certain nomenclature changes and to correct 
addresses which have changed since the regulations were originally 
issued.

EFFECTIVE DATE: July 11, 1995.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations and Variances, MSHA 703-235-1910.

SUPPLEMENTARY INFORMATION: MSHA has identified numerous sections with 
inaccurate addresses and in need of other nomenclature changes. This 
final rule makes technical amendments to update these sections. The 
address for MSHA's Approval and Certification Center is corrected; 
obsolete references to two specific testing laboratories are removed; 
references to metal and nonmetal subdistrict offices, which no longer 
exist, are removed; the name of the Denver Safety and Health 

[[Page 35693]]
Technology Center is corrected; the street address for the Pittsburgh 
Safety and Health Technology Center is added to accommodate delivery of 
overnight mail; certain addresses for obtaining documents incorporated 
by reference are corrected. As this amendment involves nonsubstantive 
matters relating to agency management and organization, it is exempt 
from the notice and comment procedures of 5 U.S.C. 553.

List of Subjects in 30 CFR Parts 18, 19, 20, 22, 27, 28, 35, 36, 50, 
56, 57, 70, 71, 74, 77, and 90

    Mine safety and health.

    Dated: June 30, 1995.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    Accordingly, under the authority of 30 U.S.C. 957, chapter I, title 
30 of the Code of Federal Regulations is amended as follows:

PART 18--ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES

    1. The authority citation for part 18 continues to read as follows:

    Authority: 30 U.S.C. 957, 961.

    2. Section 18.6 is amended by revising the third sentence of 
paragraph (a) to read as follows:


Sec. 18.6  Applications.

    (a) * * * The application, all related matters, and all 
correspondence concerning it shall be addressed to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *
    3. Section 18.81 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 18.81  Field modification of approved (permissible) equipment; 
application for approval of modification; approval of plans for 
modification before modification.

    (a) * * * The application, together with the plans of 
modifications, shall be filed with Approval and Certification Center, 
RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.
* * * * *
    4. Section 18.82 is amended by revising the second sentence of 
paragraph (a) and the first sentence of paragraph (c) 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, 4015 Wilson 
Boulevard, Arlington, VA 22203, and send a copy to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *
    (c) Final inspection. Unless equipment is delivered to MSHA for 
investigation, the applicant shall notify Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, 
when and where the experimental equipment will be ready for inspection 
by a representative of MSHA before installing it on a trial basis. * * 
*
* * * * *

PART 19--ELECTRIC CAP LAMPS

    5. The authority citation for part 19 continues to read as follows:

    Authority: 30 U.S.C. 957, 961.

    6. Section 19.3 is amended by revising the second sentence to read 
as follows:


Sec. 19.3  Applications.

    * * * This application, in duplicate, accompanied by a check, bank 
draft, or money order, payable to U.S. Mine Safety and Health 
Administration, to cover all the necessary fees, shall be sent to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, together with the required drawings, one 
complete lamp, and instructions for its operation.
    7. Section 19.4 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 19.4  Conditions governing investigations.

    (a) * * * This material should be sent prepaid to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *
    8. Section 19.13 is amended by revising paragraph (a) to read as 
follows:
Sec. 19.13  Instructions for handling future changes in lamp design.

* * * * *
    (a) The manufacturer shall write to Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, 
requesting an extension of the original approval and stating the change 
or changes desired. With this letter, the manufacturer should submit a 
revised drawing or drawings showing the changes in detail, and one of 
each of the changed lamp parts.
* * * * *

PART 20--ELECTRIC MINE LAMPS OTHER THAN STANDARD CAP LAMPS

    9. The authority citation for part 20 continues to read as follows:

    Authority: 30 U.S.C. 957, 961.

    10. Section 20.3 is amended by revising the second sentence to read 
as follows:


Sec. 20.3  Applications.

    * * * This application, in duplicate, accompanied by a check, bank 
draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover all the necessary fees, shall be sent to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, together with the required drawings, one 
complete lamp, and instructions for its operation.
    11. Section 20.5 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 20.5  Conditions governing investigations.

    (a) * * * This material should be sent prepaid to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *
    12. Section 20.14 is amended by revising the introductory paragraph 
and paragraph (a) to read as follows:


Sec. 20.14  Instructions for handling future changes in lamp design.

    All approvals are granted with the understanding that the 
manufacturer will make the lamp according to the drawings submitted to 
MSHA, which have been considered and included in the approval. 
Therefore, when the manufacturer desires to make any change in the 
design of the lamp, the manufacturer should first obtain an extension 
of the original approval to cover the change. The procedure is as 
follows:
    (a) The manufacturer shall write to the Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, 
requesting an extension of the original approval and describing the 
change or changes proposed. With this letter, the manufacturer should 
submit a revised drawing or drawings showing the changes in detail, and 
one of each of the changed lamp parts.
* * * * *

PART 22--PORTABLE METHANE DETECTORS

    13. The authority citation for part 22 continues to read as 
follows:


[[Page 35694]]

    Authority: 30 U.S.C. 957, 961.

    14. Section 22.4 is amended by revising the second sentence to read 
as follows:


Sec. 22.4  Applications.

    * * * This application, in duplicate, accompanied by a check, bank 
draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover all the necessary fees, shall be sent to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, together with the required drawings, one 
complete detector, and instructions for its operation.
    15. Section 22.5 is amended by revising paragraph (a) to read as 
follows:


Sec. 22.5  Conditions governing investigations.

    (a) One complete detector, with assembly and detail drawings that 
show the construction of the device and the materials of which it is 
made, should be forwarded prepaid to Approval and Certification Center, 
RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, at the time 
the application for tests is made.
* * * * *
    16. Section 22.11 is amended by revising the introductory paragraph 
and paragraph (a) to read as follows:


Sec. 22.11  Instructions on handling future changes in design.

    All approvals are granted with the understanding that the 
manufacturer will make the detector according to the drawings submitted 
to MSHA which have been considered and included in the approval. 
Therefore, when the manufacturer desires to make any changes in the 
design, the manufacturer should first obtain MSHA's approval of the 
change. The procedure is as follows:
    (a) The manufacturer should write to Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, 
requesting an extension of the original approval and stating the change 
or changes desired. With this request, the manufacturer should submit a 
revised drawing or drawings showing changes in detail, together with 
one of each of the parts affected.
* * * * *

PART 27--METHANE-MONITORING SYSTEMS

    17. The authority citation for part 27 continues to read as 
follows:

    Authority: 30 U.S.C. 957, 961.

    18. Section 27.3 is amended by revising the first sentence to read 
as follows:


Sec. 27.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, to discuss with qualified MSHA personnel 
proposed methane-monitoring systems to be submitted in accordance with 
the regulations of this part. * * *
    19. Section 27.4 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 27.4  Applications.

    (a) * * * The application and all related matters and 
correspondence concerning it shall be addressed to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *

PART 28--FUSES FOR USE WITH DIRECT CURRENT IN PROVIDING SHORT-
CIRCUIT PROTECTION FOR TRAILING CABLES IN COAL MINES

    20. The authority citation for part 28 continues to read as 
follows:

    Authority: 30 U.S.C. 957, 961.

    21. Section 28.10 is amended by revising paragraph (a) and the 
first sentence of paragraph (c) to read as follows:


Sec. 28.10  Application procedures.

    (a) Each applicant seeking approval of a fuse for use with direct 
current in providing short-circuit protection for trailing cables shall 
arrange for submission, at applicant's own expense, of the number of 
fuses necessary for testing to a nationally recognized independent 
testing laboratory capable of performing the examination, inspection, 
and testing requirements of this part.
* * * * *
    (c) Upon satisfactory completion by the independent testing 
laboratory of the examination, inspection, and testing requirements of 
this part, the data and results of such examination, inspection, and 
tests shall be certified by both the applicant and the laboratory and 
shall be sent for evaluation of such data and results to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059. * * *
* * * * *
    22. Section 28.31 is amended by revising the second sentence of 
paragraph (b) to read as follows:


Sec. 28.31  Quality control plans; contents.

* * * * *
    (b) * * * Military Specification MIL-F-15160D is available for 
examination at Approval and Certification Center, RR 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059. * * *
* * * * *
    23. Section 28.40 is amended by revising the second sentence of 
paragraph (d) to read as follows:


Sec. 28.40  Construction and performance requirements; general.

* * * * *
    (d) * * * This document is available for examination at Approval 
and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, and copies of the document are available from 
Underwriters Laboratories, Inc., 161 Sixth Avenue, New York, NY 10013.
* * * * *

PART 35--FIRE-RESISTANT HYDRAULIC FLUIDS

    24. The authority citation for part 35 continues to read as 
follows:

    Authority: 30 U.S.C. 957, 961.

    25. Section 35.3 is amended by revising the first sentence to read 
as follows:


Sec. 35.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, to discuss with qualified MSHA personnel 
proposed fluids to be submitted in accordance with the regulations of 
this part. * * *
    26. Section 35.6 is amended by revising the second sentence of 
paragraph (a) and the third sentence of paragraph (g) to read as 
follows:


Sec. 35.6  Applications.

    (a) * * * The application and all related matters and 
correspondence concerning it shall be sent to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *
    (g) * * * All samples and related materials required for testing 
must be delivered (charges prepaid) to Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.

[[Page 35695]]


PART 36--MOBILE DIESEL-POWERED TRANSPORTATION EQUIPMENT FOR GASSY 
NONCOAL MINES AND TUNNELS
    27. The authority citation for part 36 continues to read as 
follows:

    Authority: 30 U.S.C. 957, 961.

    28. Section 36.3 is amended by revising the first sentence to read 
as follows:


Sec. 36.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, to discuss with qualified MSHA personnel 
proposed mobile diesel-powered transportation equipment to be submitted 
in accordance with the regulations of this part. * * *
    29. Section 36.6 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 36.6  Applications.

    (a) * * * The application and all related matters and 
correspondence concerning it shall be addressed to the Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
* * * * *

PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF 
ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN 
MINES

    30. The authority citation for part 50 is revised to read as 
follows:

    Authority: 29 U.S.C. 577a; 30 U.S.C. 951, 957, 961.

    31. Section 50.20 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 50.20  Preparation and submission of MSHA Report Form 7000-1--Mine 
Accident, Injury, and Illness Report.

    (a) * * * These may be obtained from MSHA Metal and Nonmetal Mine 
Safety and Health District Offices and from MSHA Coal Mine Safety and 
Health Subdistrict Offices. * * *
* * * * *


Sec. 50.20-1  [Amended]

    32. In Sec. 50.20-1 remove the words ``MSHA--Health and Safety 
Analysis Center'' wherever they appear and add, in their place, the 
words ``Denver Safety and Health Technology Center.'' In addition, 
remove the phrase ``(HSAC)'' from the fifth sentence.


Sec. 50.30  [Amended]

    33. In Sec. 50.30 remove the words ``MSHA Health and Safety 
Analysis Center'' and add, in their place, the words ``Denver Safety 
and Health Technology Center''; and remove the words ``MSHA Metal and 
Nonmetallic Mine Health and Safety Subdistrict Offices'' and add, in 
their place, the words ``MSHA Metal and Nonmetal Mine Safety and Health 
District Offices.''

PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL 
MINES

    34. The authority citation for part 56 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 957, 961.

Sec. 56.2  [Amended]

    35. In Sec. 56.2, in the definitions of ``Blasting agent,'' 
``Explosive,'' and ``Potable water,'' remove the word ``Subdistrict'' 
and add, in its place, the word ``District.''


Sec. 56.1000  [Amended]

    36. In Sec. 56.1000 remove the word ``Subdistrict'' and add, in its 
place, the word ``District.''


Secs. 56.5001, 56.5005, 56.5050, and 56.12047  [Amended]

    37. Remove the words ``or Subdistrict'' in the following places:
    a. Sec. 56.5001(a)
    b. Sec. 56.5005(b)
    c. Sec. 56.5050(a)
    d. Sec. 56.12047

PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND 
NONMETAL MINES

    38. The authority citation for part 57 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 957, 961.

Sec. 57.2  [Amended]

    39. In Sec. 57.2, in the definitions of ``Blasting agent,'' 
``Explosive,'' and ``Potable water,'' remove the word ``Subdistrict'' 
and add, in its place, the word ``District.''


Secs. 57.1000, 57.5040, 57.5047  [Amended]

    40. In Secs. 57.1000, 57,5040(b)(4), and 57.5047(b), remove the 
word ``Subdistrict'' and add, in its place, the word ``District.''


Secs. 57.5001, 57.5005, 57.5050, and 57.12047  [Amended]

    41. Remove the words ``or Subdistrict'' in the following places:
    a. Sec. 57.5001(a)
    b. Sec. 57.5005(b)
    c. Sec. 57.5050
    d. Sec. 57.12047

PART 70--MANDATORY HEALTH STANDARDS--UNDERGROUND COAL MINES

    42. The authority citation for part 70 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 813(h), 957, 961.

Sec. 70.209  [Amended]

    43. In Sec. 70.209(a), add the words ``Cochrans Mill Road, Building 
38,'' after the words ``Pittsburgh Safety and Health Technology 
Center''.

PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE 
WORK AREAS OF UNDERGROUND COAL MINES

    44. The authority citation for part 71 is revised to read as 
follows:

    Authority: 30 U.S.C. 811, 951, 957, 961.

Sec. 71.209  [Amended]

    45. In Sec. 71.209(a), add the words ``Cochrans Mill Road, Building 
38,'' after the words ``Pittsburgh Safety and Health Technology 
Center''.
PART 74--COAL MINE DUST PERSONAL SAMPLER UNITS

    46. The authority citation for part 74 continues to read as 
follows:

    Authority: 30 U.S.C. 957, 961.

Sec. 74.6  [Amended]

    47. In Sec. 74.6(a) remove the words ``Box 201 B, Industrial Park 
Road, Dallas Pike, Triadelphia, W. Va. 26059'' and add, in their place, 
the words ``RR 1, Box 251, Industrial Park Road, Triadelphia, WV 
26059''.

PART 77--MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE 
WORK AREAS OF UNDERGROUND COAL MINES

    48. The authority citation for part 77 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 957, 961.

    49. Section 77.403b is amended by revising the fifth and sixth 
sentences to read as follows:


Sec. 77.403b  Incorporation by reference.

    * * * SAE documents are available from the Society of Automotive 
Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096. American 
Welding Society Structural Welding Code D1-1-73 is available from the 
American Welding Society, Inc., 550 N.W. LeJeune Road, Miami, FL 33126. 
* * *

[[Page 35696]]


PART 90--MANDATORY HEALTH STANDARDS--COAL MINERS WHO HAVE EVIDENCE 
OF THE DEVELOPMENT OF PNEUMOCONIOSIS

    50. The authority citation for part 90 is revised to read as 
follows:

    Authority: 30 U.S.C. 811, 813(h).


Sec. 90.209  [Amended]

    51. In Sec. 90.209(a), add the words ``Cochrans Mill Road, Building 
38,'' after the words ``Pittsburgh Safety and Health Technology 
Center''.
[FR Doc. 95-16849 Filed 7-10-95; 8:45 am]
BILLING CODE 4510-43-P