[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Rules and Regulations]
[Pages 16664-16669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3041]



[[Page 16663]]

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Part IV





Department of Labor





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Office of the Secretary



29 CFR Part 11



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Wage and Hour Division

29 CFR Parts 500, 501, et al.



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Mine Safety and Health Administration

30 CFR Parts 28, 48, 50, et al.



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Occupational Safety and Health Administration

29 CFR Parts 1910, 1913, et al.



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Department of Labor Regulatory Review and Update; Technical Amendments; 
Final Rules

  Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules 
and Regulations  

[[Page 16664]]


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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 11

Wage and Hour Division

29 CFR Parts 500, 501, 516, 519, 531, 536, 547, 548, 549, 550, 552, 
and 570

Mine Safety and Health Administration

30 CFR Parts 28, 48, 50, 56, 57, 70, 71, 72, 75, 77, and 90


Department of Labor Regulatory Review and Update

AGENCY: Office of the Secretary, Wage and Hour Division, Mine Safety 
and Health Administration, Labor.

ACTION: Final rule; technical amendments.

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SUMMARY: The Department of Labor (DOL) is amending existing regulations 
to update obsolete non-substantive or nomenclature references in the 
Code of Federal Regulations (CFR). This action is intended to improve 
the accuracy of the agency's regulations and does not impose any new 
regulatory or technical requirements. DOL is also publishing 
concurrently a separate rule amending existing Occupational Safety and 
Health Administration regulations to update obsolete non-substantive 
references.

EFFECTIVE DATE: April 3, 2006.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, U.S. Department of 
Labor, Room S-2312, 200 Constitution Avenue, NW., Washington DC 20210, 
Telephone (202) 693-5959.

Supplementary Information: DOL's strategic outcome goal 4.2 measures 
the agency's success in creating a regulatory structure that promotes 
compliance flexibility and reduces regulatory burden. As part of this 
strategic goal, DOL is conducting an ongoing review of its regulations 
governing labor standards, pensions, health care, and worker safety to 
ensure that these references in the CFR are accurate, current and 
reflect recent statutory amendments.
    Updates to the CFR that relate to statutory amendments include the 
Wage and Hour Division's Fair Labor Standards Act regulations for the 
exemptions for agricultural employees employed within the ``area of 
production'' and by ``country elevators,'' 29 CFR Part 536. Enacted 
originally as complete exemptions from both minimum wage and overtime, 
sections of the law were later amended to repeal and replace the 
original exemptions with an exemption from overtime only. Revisions are 
therefore being made to delete the regulatory sections that implemented 
the provisions of law that have since been repealed and to correct 
citations to current provisions of law.
    In addition, several sections of regulations of the Wage and Hour 
Division, entitled ``Petition for amendment of regulations,'' were 
originally adopted as initial implementing regulations in 1938 and 
provided for interested persons to petition the Wage and Hour 
Administrator for desired changes in the regulations. The substance of 
these sections has been superseded and supplanted by enactment of the 
Administrative Procedure Act, 5 U.S.C. 553(e), and the sections are 
therefore deleted as unnecessary.
    Publication of this document constitutes final action on these 
changes under the Administrative Procedure Act (5 U.S.C. 553). Notice 
of Proposed Rulemaking is unnecessary since the agency is merely 
updating non-substantive and nomenclature references.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulations. The 
agency has determined that this rule is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), Regulatory Planning 
and Review. Accordingly, there is no requirement for an assessment of 
potential costs and benefits under section 6(a)(3) of that order.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule 
under section 553(b) of the Administrative Procedure Act (APA), the 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601) 
pertaining to regulatory flexibility do not apply to this rule. See 5 
U.S.C. 601(2).

Paperwork Reduction Act

    This final rule is not subject to section 350(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501) since it does not contain any new 
collection of information requirements.

Publication in Final

    The Department has determined that these amendments need not be 
published as a proposed rule, pursuant to 5 U.S.C. 553(b)(A), since 
several of these changes are interpretive, procedural in nature, or 
relate to agency organization. Because this final rule does not make 
substantive amendments, the Department of Labor has determined that 
delaying the effective date of the rule is unnecessary, and good cause 
exists under 5 U.S.C. 553(b)(B) to make this rule effective immediately 
upon publication in the Federal Register.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not classified as a ``rule'' under Chapter 8 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, because it 
is a rule pertaining to agency organization, procedure, or practice 
that does not substantially affect the rights or obligations of non-
agency parties. See 5 U.S.C. 804(3)(C).

List of Subjects

29 CFR Part 11

    Environmental impact statements.

29 CFR Part 500

    Administrative practice and procedure, Aliens, Housing, Insurance, 
Intergovernmental relations, Investigations, Migrant labor, Motor 
vehicle safety, Occupational safety and health, Reporting and 
recordkeeping Requirements, Wages, Whistleblowing.

29 CFR Part 501

    Administrative practice and procedure, Aliens, Employment, Health 
professions, Penalties, Reporting and recordkeeping requirements, 
Wages.

29 CFR Part 516

    Minimum wages, Reporting and recordkeeping requirements, Wages.

29 CFR Part 519

    Agriculture, Colleges and universities, Minimum wages, Reporting 
and recordkeeping requirements, Students.

29 CFR Part 531

    Wages.

29 CFR Part 536

    Agriculture, Wages.

29 CFR Part 547

    Employee benefit plans, Reporting and recordkeeping requirements.

29 CFR Part 548

    Wages.

29 CFR Part 549

    Employee benefit plans, Reporting and recordkeeping requirements, 
Trusts and trustees.

29 CFR Part 550

    Radio, Television, Wages.

[[Page 16665]]

29 CFR Part 552

    Minimum wages, Reporting and recordkeeping requirements.

29 CFR Part 570

    Administrative practice and procedures, Agriculture, Child labor, 
Intergovernmental relations, Occupational safety and health, Reporting 
and recordkeeping.

30 CFR Part 28

    Mine safety and health, Research.

30 CFR Part 48

    Education, Mine safety and health, Reporting and recordkeeping 
requirements.

30 CFR Part 50

    Investigations, Mine safety and health, Reporting and recordkeeping 
requirements.

30 CFR Part 56

    Chemicals, Electric power, Explosives, Fire prevention, Hazardous 
substances, Metals, Mine safety and health, Noise control, Reporting 
and recordkeeping requirements.

30 CFR Part 57

    Chemicals, Electric power, Explosives, Fire prevention, Gases, 
Hazardous substances, Metals, Mine safety and health, Noise control, 
Radiation protection, Reporting and recordkeeping requirements.

30 CFR Part 70

    Mine safety and health, Noise control, Reporting and recordkeeping 
requirements.

30 CFR Part 71

    Hazardous substances, Mine safety and health, Noise control, 
Reporting and recordkeeping requirements, Water supply.

30 CFR Part 72

    Coal, Mine safety and health.

30 CFR Part 75

    Communications equipment, Electric power, Emergency medical 
services, Explosives, Fire prevention, Mine safety and health, 
Reporting and recordkeeping requirements.

30 CFR Part 77

    Communications equipment, Electric power, Emergency medical 
services, Explosives, Fire prevention, Mine safety and health, 
Reporting and recordkeeping requirements.

30 CFR Part 90

    Black lung benefits, Mine safety and health, Reporting and 
recordkeeping requirements.


0
For the reasons set forth in the preamble, DOL amends parts 11, 500, 
501, 516, 519, 531, 536, 547, 548, 549, 550, 552, and 570, of title 29, 
and parts 28, 48, 50, 56, 57, 70, 71, 72, 75, 77 and 90 of title 30, 
Code of Federal Regulations, as follows:

Title 29

PART 11--DEPARTMENT OF LABOR NATIONAL ENVIRONMENTAL POLICY ACT 
(NEPA) COMPLIANCE PROCEDURES

0
1. The authority citation for 29 CFR Part 11 continues to read as 
follows:

    Authority: NEPA, 42 U.S.C. 4321; Executive Order 11514, as 
amended by Executive Order 11991.


Sec.  11.3  [Amended]

0
2. Section 11.3 is amended in paragraph (a) introductory text by 
removing the words ``Assistant Secretary of Labor for Policy, 
Evaluation and Research (ASPER)'' and adding, in their place, the words 
``Assistant Secretary for Policy''.

PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

0
3. The authority citation for 29 CFR Part 500 continues to read as 
follows:

    Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); 
Secretary's Order No. 4-2001, 66 FR 29656.


Sec.  500.212  [Amended]

0
4. Section 500.212 is amended in paragraph (a) by removing ``Sec.  
500.212'' and adding, in its place, ``Sec.  500.210''.

PART 501--ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY 
ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 216 OF THE 
IMMIGRATION AND NATIONALITY ACT

0
5. The authority citation for 29 CFR Part 501 continues to read as 
follows:

    Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1186.


Sec.  501.33  [Amended]

0
6. Section 501.33 is amended as follows:
0
A. In paragraph (a) remove the words ``Administrator of the Wage and 
Hour Division, Employment Standards Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210'' and add, in 
its place, ``official who issued the determination, at the Wage and 
Hour Division address appearing on the determination notice''; and,
0
B. In paragraph (c) remove the words ``Administrator at the above 
address,'' and add, in their place, ``official who issued the 
determination, at the Wage and Hour Division address appearing on the 
determination notice''.

PART 516--RECORDS TO BE KEPT BY EMPLOYERS

0
7-8. The authority citation for 29 CFR Part 516 continues to read as 
follows:

    Authority: Sec. 11, 52 Stat. 1066, as amended, 29 U.S.C. 211. 
Section 516.33 also issued under 52 Stat. 1060, as amended; 29 
U.S.C. 201, et seq. Section 516.34 also issued under Sec. 7, 103 
Stat. 944, 29 U.S.C. 207(q).


0
9. Section 516.0 is amended by adding the following OMB control number 
entry in numerical order to read as follows:


Sec.  516.0  Display of OMB control numbers.

------------------------------------------------------------------------
                                                             Currently
     Subpart or section where information collection       assigned OMB
                 requirement is located                     control No.
------------------------------------------------------------------------
 
                                * * * * *
516.34..................................................       1215.0175
------------------------------------------------------------------------

PART 519--EMPLOYMENT OF FULL-TIME STUDENTS AT SUBMINIMUM WAGES

0
10. The authority citation for 29 CFR Part 519 continues to read as 
follows:

    Authority: Secs. 11 and 14, 52 Stat. 1068; sec. 11, 75 Stat. 74; 
secs. 501 and 602, 80 Stat. 843, 844 (29 U.S.C. 211, 214).


Sec.  519.10  [Removed]

0
11. Section 519.10 is removed.


Sec.  519.20  [Removed]

0
12. Section 519.20 is removed.

PART 531--WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938

0
13. The authority citation for 29 CFR Part 531 continues to read as 
follows:

    Authority: Sec. 3(m), 52 Stat. 1060; sec. 2, 75 Stat. 65; sec. 
101, 80 Stat. 830; 29 U.S.C. 203 (m) and (t).


Sec.  531.8  [Removed]

0
14. Section 531.8 is removed.

PART 536--AREA OF PRODUCTION

0
15. The amended authority citation for 29 CFR Part 536 reads as 
follows:


[[Page 16666]]


    Authority: Sec. 13(a)(17), 52 Stat. 1067, as amended, sec. 9, 75 
Stat. 71, as amended, sec. 204(b), 80 Stat. 835; 29 U.S.C. 
213(b)(14).


Sec.  536.1  [Removed and reserved]

0
16. Section 536.1 is removed and reserved.


Sec.  536.2  [Removed and reserved]

0
17. Section 536.2 is removed and reserved.


Sec.  536.3  [Amended]

0
18. Section 536.3 is amended in the section heading and paragraph (a) 
introductory text by removing ``13(a)(17)'' and adding in its place 
``13(b)(14)''.


Sec.  536.4  [Removed]

0
19. Section 536.4 is removed.

PART 547--REQUIREMENTS OF A BONA FIDE THRIFT OR SAVINGS PLAN

0
20. The authority citation for 29 CFR Part 547 continues to read as 
follows:

    Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207.


0
21. Section 547.1 is amended by revising the OMB information collection 
approval at the end of the section to read as follows:


Sec.  547.1  Essential requirements for qualifications.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1215-0119)


Sec.  547.3  [Removed]

0
22. Section 547.3 is removed.

PART 548--AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING 
OVERTIME PAY

0
23. The authority citation for 29 CFR Part 548 continues to read as 
follows:

    Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207, 
unless otherwise noted.


Sec.  548.5  [Removed]

0
24. Section 548.5 is removed.

PART 549--REQUIREMENTS OF A ``BONA FIDE PROFIT-SHARING PLAN OR 
TRUST''

0
25. The authority citation for 29 CFR Part 549 continues to read as 
follows:

    Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207.


0
26. Section 549.1 is amended by revising the OMB information collection 
approval at the end of the section to read as follows:


Sec.  549.1  Essential requirements for qualifications.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1215-0119)


Sec.  549.4  [Removed]

0
27. Section 594.4 is removed.

PART 550--DEFINING AND DELIMITING THE TERM ``TALENT FEES''

0
28. The authority citation for 29 CFR Part 550 continues to read as 
follows:

    Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207.


Sec.  550.3  [Removed]

0
29. Section 550.3 is removed.

PART 552--APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC 
SERVICE

0
30. The authority citation for 29 CFR Part 552 continues to read as 
follows:

    Authority: Secs. 13(a)(15) and 13(b)(21) of the Fair Labor 
Standards Act, as amended (29 U.S.C. 213(a)(15), (b)(21)), 88 Stat. 
62; Sec. 29(b) of the Fair Labor Standards Amendments of 1974 (Pub. 
L. 93-259, 88 Stat. 76), unless otherwise noted.


Sec.  552.7  [Removed]

0
31. Section 552.7 is removed.

PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF 
INTERPRETATION

0
32. The authority citation for 29 CFR Part 552 continues to read as 
follows:

    Authority: Secs. 3, 11, 12, 52 Stat. 1060, as amended, 1066, as 
amended, 1067, as amended; 29 U.S.C. 203, 211, 212.


Sec.  570.27  [Removed]

0
33. Section 570.27 is removed.


Sec.  570.38  [Removed]

0
34. Section 570.38 is removed.

Title 30

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

0
35. The authority citation for 30 CFR Part 28 continues to read as 
follows:

    Authority: 30 U.S.C. 957, 956.


Sec.  28.31  [Amended]

0
36. Section 28.31 is amended in paragraph (b) by removing the words 
``the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402'' and adding, in their place, the words 
``Information Dissemination (Superintendent of Documents), P.O. Box 
371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800, http://bookstore.gpo.gov''.


Sec.  28.40  [Amended]

0
37. Section 28.40 is amended in paragraph (d) by removing the words 
``Underwriter's Laboratories, Inc., 161 Sixth Avenue, New York, NY 
10013'' and adding, in their place, the words ``COMM 2000, 1414 Brook 
Drive, Downers Grove, IL 60515; Telephone: 888-853-3512 (toll free); 
http://ulstandardsinfonet.ul.com.''.

PART 48--TRAINING AND RETRAINING OF MINERS

0
38. The authority citation for 30 CFR Part 48 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 825.


Sec.  48.12  [Amended]

0
39. Section 48.12 is amended in paragraph (a) by removing the words 
``Metal and Non-metal Safety and Health'' and adding, in their place, 
the words ``Metal and Nonmetal Mine Safety and Health''; and by 
removing the words ``4015 Wilson Boulevard, Arlington, Va. 22203'' and 
adding, in their place, the words ``1100 Wilson Boulevard, Arlington, 
VA 22209-3939''.

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

0
40. The authority citation for 30 CFR Part 50 continues to read as 
follows:

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


0
41. Section 50.1 is amended by revising the formulas to read as 
follows:


Sec.  50.1  Purpose and scope.

* * * * *
    IR = (number of cases x 200,000) divided by hours of employee 
exposure.
* * * * *
    SM = (sum of days x 200,000) divided by hours of employee exposure.


Sec.  50.20-1  [Amended]

0
42. Section 50.20-1 is amended by removing the words ``Mine Health and 
Safety District or Subdistrict'' and adding, in their place, the words 
``MSHA district''; and by removing the words ``Denver Safety and Health 
Technology Center'' and adding, in their place, the words ``the MSHA 
Office of Injury and Employment Information at the above address.''.

[[Page 16667]]

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

0
43. The authority citation for 30 CFR Part 56 continues to read as 
follows:

    Authority: 30 U.S.C. 811.


Sec.  56.1000  [Amended]

0
44. Section 56.1000 is amended by removing the words ``Mine Safety and 
Health Administration and Metal and Nonmetal Mine Safety and Health 
District Office'' and adding, in their place, the words ``MSHA Metal 
and Nonmetal Mine Safety and Health district office''; and by removing 
the word ``subdistrict'' and adding, in its place, the word 
``district''.


Sec.  56.5001  [Amended]

0
45. Section 56.5001 is amended by removing the words ``the Secretary-
Treasurer, P.O. Box 1937, Cincinnati, OH 45201'' and adding, in their 
place, the words ``1330 Kemper Meadow Drive, Attn: Customer Service, 
Cincinnati, OH 45240; http://www.acgih.org''.


Sec.  56.5005  [Amended]

0
46. Section 56.5005 is amended in paragraph (b) by removing the words 
``1430 Broadway New York, NY 10018'' and adding, in their place, the 
words ``25 W. 43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org''.


Sec.  56.12047  [Amended]

0
47. Section 56.12047 is amended by removing the words ``Superintendent 
of Documents, U.S. Government Printing Office, Washington, DC 20402'' 
and adding, in their place, the words ``National Institute of Science 
and Technology, 100 Bureau Drive, Stop 3460, Gaithersburg, MD 20899-
3460. Telephone: 301-975-6478 (not a toll free number); http://ts.nist.gov/nvl; or from the Government Printing Office, Information 
Dissemination (Superintendent of Documents), P.O. Box 371954, 
Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free) or 202-
512-1800, http://bookstore.gpo.gov.''.


Sec.  56.13030  [Amended]

0
48. Section 56.13030 is amended in paragraph (d) by removing the words 
``345 East Forty-seventh Street, New York, NY 10017'' and adding, in 
their place, the words ``22 Law Drive, P.O. Box 2900, Fairfield, New 
Jersey 07007, Phone: 800-843-2763 (toll free); http://www.asme.org''.

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

0
49. The authority citation for 30 CFR Part 57 continues to read as 
follows:

    Authority: 30 U.S.C. 811.


Sec.  57.1000  [Amended]

0
50. Section 57.1000 is amended by removing the words ``Mine Safety and 
Health Administration Metal and Nonmental Mine Safety and Health 
District Office'' and adding, in their place, the words ``MSHA Metal 
and Nonmetal Mine Safety and Health district office''; and by removing 
the word ``subdistrict'' and adding, in its place, the word 
``district''.


Sec.  57.5001  [Amended]

0
51. Section 57.5001 is amended in paragraph (a) by removing the words 
``the Secretary-Treasurer, P.O. Box 1937, Cincinnati, OH 45201'' and 
adding, in their place, the words ``1330 Kemper Meadow Drive, Attn: 
Customer Service, Cincinnati, OH 45240, http://www.acgih.org''.


Sec.  57.5005  [Amended]

0
52. Section 57.5005(b) is amended by removing the words ``1430 Broadway 
New York, NY 10018'' and adding, in their place, the words ``25 W. 43rd 
Street, 4th Floor, New York, NY 10036; http://www.ansi.org''.


Sec.  57.5037  [Amended]

0
53. Section 57.5037 is amended in paragraphs (a) introductory text by 
removing the words ``Metal and Nonmetal Mine Safety and Health 
Subdistrict Office of the Mine Safety and Health Administration'' and 
adding, in their place, the words ``MSHA Metal and Nonmetal Mine Safety 
and Health district office''; and by removing the words ``1430 Broadway 
New York, NY 10018.'' and adding, in their place, the words ``25 W. 
43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org.''.


Sec.  57.5040  [Amended]

0
54. Section 57.5040 is amended in paragraph (b)(4) by removing the 
words ``1430 Broadway New York, NY 10018.'' and adding, in their place, 
the words ``25 W. 43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org.'' and in paragraph (b)(6) by removing the words ``Metal 
and Nonmetal Mine Safety and Health Subdistrict Office of the Mine 
Safety and Health Administration.'' and adding, in their place, the 
words ``MSHA Metal and Nonmetal Mine Safety and Health district 
office.''.


Sec.  57.5047  [Amended]

0
55. Section 57.5047 is amended in paragraph (b) by removing ``1430 
Broadway New York, NY 10018.'' and adding, in their place, the words 
``25 W. 43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org.''.


Sec.  57.12047  [Amended]

0
56. Section 57.12047 is amended by removing the words ``Superintendent 
of Documents, U.S. Government Printing Office, Washington, DC 20402'' 
and adding, in their place, the words ``National Institute of Science 
and Technology, 100 Bureau Drive, Stop 3460, Gaithersburg, MD 20899-
3460. Telephone: 301-975-6478 (not a toll free number); http://ts.nist.gov/nvl; or from the Government Printing Office, Information 
Dissemination (Superintendent of Documents), P.O. Box 371954, 
Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free) or 202-
512-1800; http://bookstore.gpo.gov''.


Sec.  57.13030  [Amended]

0
57. Section 57.13030 is amended in paragraph (d) by removing the words 
``345 East Forty-seventh Street, New York, NY, 10017'' and adding, in 
their place, the words ``22 Law Drive, P.O. Box 2900, Fairfield, New 
Jersey 07007, Phone: 800-843-2763 (toll free); http://www.asme.org''.


Sec.  57.18028  [Amended]

0
58. Section 57.18028 is amended in paragraph (e) by removing the word 
``Subdistrict'' and adding, in its place, the word ``district''.

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

0
59. The authority citation for 30 CFR Part 70 continues to read as 
follows:

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


Sec.  70.204  [Amended]

0
60. Section 70.204 is amended in paragraph (e) by removing the words 
``and subdistrict''.


Sec.  70.1900  [Amended]

0
61. Section 70.1900 is amended in paragraph (c) by removing the words 
``Coal Mine Health and Safety District and Subdistrict Office'' and 
adding, in their place, the words ``MSHA Coal Mine Safety and Health 
district office''; and by removing the words ``the Secretary-Treasurer, 
American Conference of Governmental Industrial Hygienists, Post Office 
Box 1937, Cincinnati, OH 45202.'' and adding, in

[[Page 16668]]

their place, the words ``American Conference of Governmental Industrial 
Hygienists, 330 Kemper Meadow Drive, Attn: Customer Service, 
Cincinnati, OH 45240; http://www.acgih.org.''.

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

0
62. The authority citation for 30 CFR Part 71 continues to read as 
follows:

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


Sec.  71.204  [Amended]

0
63. Section 71.204 is amended in paragraph (e) by removing the words 
``Coal Mine Health and Safety District and Subdistrict Office.'' and 
adding, in their place, the words ``MSHA Coal Mine Safety and Health 
district office.''.


Sec.  71. 402  [Amended]

0
64-65. Section 71.402 is amended as follows:
0
A. In paragraph (b) remove the words ``Coal Mine Health and Safety 
District and Subdistrict Office'' and add, in their place, the words 
``MSHA Coal Mine Safety and Health district office''; remove the words 
``for $2.50 per copy''; and remove the words ``1430 Broadway, New York, 
NY 10018, for $6 per copy.'' and add, in their place, the words ``25 W. 
43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org.''; and
0
B. In paragraph (c) remove the words ``of this Sec.  71.402'' and add, 
in their place, the words ``of this section''.


Sec.  71.700  [Amended]

0
66. Section 71.700 is amended in paragraph (a) by removing the words 
``Coal Mine Health and Safety District and Subdistrict Office'' and 
adding, in their place, the words ``MSHA Coal Mine Safety and Health 
district office''; and by removing the words ``the Secretary-Treasurer, 
American Conference of Governmental Industrial Hygienists, Post Office 
Box 1937, Cincinnati, OH 45202.'' and adding, in their place, the words 
``American Conference of Governmental Industrial Hygienists, 1330 
Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; 
http://www.acgih.org.''.

PART 72--HEALTH STANDARDS FOR COAL MINES

0
67. The authority citation for 30 CFR Part 72 continues to read as 
follows:

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


Sec.  72.710  [Amended]

0
68. Section 72.710 is amended by removing the words ``1430 Broadway, 
New York, NY 10018'' and adding, in their place, the words ``25 W. 43rd 
Street, 4th Floor, New York, NY 10036; http://www.ansi.org''; by 
removing the words ``Coal Mine Health and Safety district and 
subdistrict office'' and adding, in their place, the words ``MSHA Coal 
Mine Safety and Health district office''; and by removing the words 
``Office of Standards'' and adding, in their place, the words ``Office 
of Standards, Regulations, and Variances''.

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

0
69. The authority citation for 30 CFR Part 75 continues to read as 
follows:

    Authority: 30 U.S.C. 811.


Sec.  75.220  [Amended]

0
70. Section 75.220 is amended by removing paragraph (f).


Sec.  75.301  [Amended]

0
71. Section 75.301 is amended as follows:
0
A. In the definition of Noncombustible structure or area, by removing 
the words ``Coal Mine Health and Safety District and Subdistrict 
Office'' and adding, in their place, the words ``MSHA Coal Mine Safety 
and Health district office''.
0
B. In the definition of Noncombustible material, by removing the words 
``Office of Standards'' and adding, in their place, the words ``Office 
of Standards, Regulations, and Variances''; and by removing the words 
``1916 Race Street, Philadelphia, Pennsylvania 19103.'' and adding, in 
their place, the words ``100 Barr Harbor Drive, PO Box C700, West 
Conshohocken, PA 19428-2959; http://www.astm.org.''.


Sec.  75.322  [Amended]

0
72. Section 75.322 is amended by removing the words ``Coal Mine Health 
and Safety District and Subdistrict Office'' and adding, in their 
place, the words ``MSHA Coal Mine Safety and Health district office''.


Sec.  75.333  [Amended]

0
73. Section 75.333 is amended by removing the words ``Coal Mine Health 
and Safety District and Subdistrict Office'' and adding, in their 
place, the words ``MSHA Coal Mine Safety and Health district office''; 
removing the words ``Office of Standards'' and adding, in their place, 
the words ``Office of Standards, Regulations, and Variances''; and by 
removing the words ``1916 Race Street, Philadelphia, Pennsylvania 
19103.'' and adding, in their place, the words ``100 Barr Harbor Drive, 
PO Box C700, West Conshohocken, PA 19428-2959; http://www.astm.org.'' 
in the following places:
0
1. Paragraph (d)(1);
0
2. Paragraph (e)(1)(i);
0
3. Paragraph (e)(3); and,
0
4. Paragraph (f).


Sec.  75.335  [Amended]

0
74. Section 75.335 is amended by removing the words ``Coal Mine Health 
and Safety District and Subdistrict Office'' and adding, in their 
place, the words ``MSHA Coal Mine Safety and Health district office''; 
removing the words ``Office of Standards'' and adding, in their place, 
the words ``Office of Standards, Regulations, and Variances''; and by 
removing the words ``1916 Race Street, Philadelphia, Pennsylvania 
19103.'' and adding, in their place, the words ``100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA, 19428-2959; http://www.astm.org.'' in the following places:
0
a. Paragraph (a)(1)(iv); and,
0
b. Paragraph (a)(2).


Sec.  75.503-1  [Amended]

0
75. Section 75.504-1 is amended by removing the words ``Coal Mine 
Safety District Office or Subdistrict Office of the Mine Safety and 
Health Administration.'' and adding, in their place, the words ``MSHA 
Coal Mine Safety and Health district office.''; and by removing the 
words ``or Subdistrict''.


Sec.  75.506  [Amended]

0
76. Section 75.506 is amended in paragraph (b) by removing the words 
``Coal Mine Safety District and Subdistrict Offices of the Bureau of 
Mines.'' and adding, in their place the words ``MSHA Coal Mine Safety 
and Health district offices.''.


Sec.  75.818  [Amended]

0
77. Section 75.818 is amended in paragraph (b)(4) by removing the words 
``Coal Mine Health and Safety District and Subdistrict Office'' and 
adding, in their place, the words ``MSHA Coal Mine Safety and Health 
district office''; and by removing the words ``Office of Standards'' 
and adding, in their place, the words ``Office of Standards, 
Regulations, and Variances''.


Sec.  75.1103-2  [Amended]

0
78. Section 75.1103-2 is amended in paragraph (b) by removing the words 
``Coal Mine Health and Safety District or Subdistrict Office of the 
Mine Safety

[[Page 16669]]

and Health Administration'' and adding, in their place, the words 
``MSHA Coal Mine Safety and Health district office''; and by removing 
the words ``60 Batterymarch Street, Boston, MA 02110.'' and adding, in 
their place, the words ``11 Tracy Drive, Avon, MA 02322; Telephone: 
800-344-3555 (toll free); http://www.nfpa.org.''.


Sec.  75.1107-17  [Amended]

0
79. Section 75.1107-17 is amended by removing the words ``Coal Mine 
Health and Safety District or Subdistrict Office of the Mine Safety and 
Health Administration'' and adding, in their place, the words ``MSHA 
Coal Mine Safety and Health district office''; and by removing the 
words ``60 Batterymarch Street, Boston, MA 02110.'' and add, in their 
place, the words ``11 Tracy Drive, Avon, MA 02322; Telephone: 800-344-
3555 (toll free); http://www.nfpa.org.''.


Sec.  75.1204-1  [Amended]

0
80. Section 75.1204-1 is amended by removing the words ``Coal Mine 
Safety'' and adding, in their place, the words ``Coal Mine Safety and 
Health''.


Sec.  75.1719-2  [Amended]

0
81. Section 75.1719 is amended in paragraph (c)(2) by removing the 
words ``Coal Mine Health and Safety District and Subdistrict Office of 
MSHA'' and add, in their place, the words ``MSHA Coal Mine Safety and 
Health district office''; and by removing the words ``345 East Forty-
seventh Street, New York, N.Y. 10017.'' and adding, in their place, the 
words ``Publications Office, 10662 Los Vaqueros Circle, P.O. Box 3014 
Los Alamitos, CA 90720-1264 Telephone: 800-272-6657 (toll free); http://www.ieee.org.''.


Sec.  75.1719-3  [Amended]

0
82. Section 75.1719-3 is amended in paragraph (d) by removing the words 
``National Bureau of Standards'' and adding, in their place, the words 
``National Institute of Standards and Technology (Formerly the National 
Bureau of Standards)''.


Sec.  75.1730  [Amended]

0
83. Section 75.1730 is amended in paragraph (a) by removing the words 
``for $25''; removing the words ``345 East Forty-seventh Street, New 
York, NY 10017'' and adding, in their place, the words ``22 Law Drive, 
P.O. Box 2900, Fairfield, New Jersey 07007, Phone: 800-843-2763 (toll 
free); http://www.asme.org''; and by removing the words ``Coal Mine 
Health and Safety District and Subdistrict Office'' and adding, in 
their place, the words ``MSHA Coal Mine Safety and Health district 
office''.


Sec.  75.1900  [Amended]

0
84. Section 75.1900 is amended in the definition of Noncombustible 
material by removing the words ``Coal Mine Health and Safety District 
and Subdistrict Office'' and adding, in their place, the words ``MSHA 
Coal Mine Safety and Health district office''; and by removing the 
words ``1916 Race Street Philadelphia, PA 19103'' and adding, in their 
place, the words ``100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA, 19428-2959, http://www.astm.org''.

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

0
85. The authority citation for 30 CFR Part 77 continues to read as 
follows:

    Authority: 30 U.S.C. 811.


Sec.  77.403a  [Redesignated and amended]

0
86. Section 77.403a is redesignated as Sec.  77.403-1 and amended as 
follows:
0
A. In paragraph (c)(5) by removing the words ``Nothing in this Sec.  
77.403a'' and adding, in their place, the words ``Nothing in this 
section 77.403-1'';
0
B. In paragraph (d)(2)(ii) footnote, by removing the words ``Paragraph 
(d) or Sec.  77.403a'' and adding, in their place, the words 
``Paragraph (d) of Sec.  77.403-1''; and,
0
C. In paragraph (g) by removing ``Sec.  77.403a'' and adding, in its 
place ``Sec.  77.403-1''.


Sec.  77.403b  [Redesignated and amended]

0
87. Section Sec.  77.403b is redesignated as Sec.  77.403-2 and amended 
by removing the words ``Sec.  77.403a'' and adding, in their place, the 
words ``Sec.  77.403-1''; by removing the words ``Coal Mine Health and 
Safety District and Subdistrict Office'' and adding, in their place, 
the words ``Coal Mine Safety and Health district office''; and by 
removing the words ``U.S. Government Printing Office, Washington, DC 
20402'' and adding, in their place, ``Information Dissemination 
(Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-
7954; Telephone: 866-512-1800 (toll free) or 202-512-1800; http://bookstore.gpo.gov''.


Sec.  77.1000-1  [Amended]

0
88. Section 77.1000-1 is amended by removing the words ``Coal Mine 
Health and Safety District of Subdistrict office for the District or 
Subdistrict'' and adding, in their place the words ``MSHA Coal Mine 
Safety and Health district office for the district''.


Sec.  77.1502  [Amended]

0
89. Section 77.1502 is amended by removing the words ``Coal Mine Health 
and Safety District Manager or Subdistrict Manager'' and adding, in 
their place, the words ``MSHA Coal Mine Safety and Health District 
Manager''.

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

0
90. The authority citation for 30 CFR Part 90 continues to read as 
follows:

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


Sec.  90.204  [Amended]

0
91. Section 90.204 is amended in paragraph (e) by removing the words 
``and subdistrict''.

    Dated: March 14, 2006.
Veronica Vargas Stidvent,
Assistant Secretary for Policy, Department of Labor.
[FR Doc. 06-3041 Filed 3-31-06; 8:45 am]
BILLING CODE 4510-23-P