### 20700 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations

Affairs, that the outside activity is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.

(d) Definitions. For purposes of this section:

(1) ‘‘Active participant’’ has the meaning set forth in 5 CFR 2635.502(b)(1)(v).

(2) ‘‘ Nonpublic information’’ has the meaning set forth in 5 CFR 2635.703(b).

(3) ‘‘Professional services’’ means the provision of personal services by an employee, including the rendering of advice or consultation, which involves application of the skills of a profession as defined in 5 CFR 2636.305(b)(1).

(4) ‘‘Prohibited source’’ has the meaning set forth in 5 CFR 2635.203(d).

(5) ‘‘ Relates to the employee’s official duties’’ has the meaning set forth in 5 CFR 2635.807(a)(2)(i)(B) through (a)(2)(i)(E).

Dated: March 16, 2011. Steven J. Trent, Acting Inspector General, Special Inspector General for Afghanistan Reconstruction.

Approved: March 20, 2011. Don W. Fox, Acting Director, Office of Government Ethics.
[FR Doc. 2012–8191 Filed 4–5–12; 8:45 am]

**BILLING CODE 3710–L9–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–0292; Directorate Identifier 2011–NM–056–AD; Amendment**  **39–16991; AD 2012–06–10]**

**RIN 2120–AA64**

**Airworthiness Directives; Airbus Airplanes** 

Correction

In rule document 2012–7008 appearing on pages 19071–19074 in the issue of March 30, 2012, make the following correction:

**§ 39.13 [Corrected]**

■ On page 19073, in § 39.13, beginning in the second column, in the 28th line from the bottom, remove the duplicate section ‘‘(g) Inspection and Corrective Action in Fuel Tank Areas’’ which ends in the third column, in the 24th line from the top.

[FR Doc. C1–2012–7008 Filed 4–5–12; 8:45 am]

**BILLING CODE 1505–01–D DEPARTMENT OF LABOR** 

**Mine Safety and Health Administration**

**30 CFR Part 75**

**RIN 1219–AB75**

**Examinations of Work Areas in Underground Coal Mines for Violations**  **of Mandatory Health or Safety Standards** 

**AGENCY :**  Mine Safety and Health Administration, Labor.

**ACTION :**  Final rule.

**SUMMARY :**  The Mine Safety and Health Administration (MSHA) is revising its requirements for preshift, supplemental, on-shift, and weekly examinations of underground coal mines to require operators to identify violations of health or safety standards related to ventilation, methane, roof control, combustible materials, rock dust, other safeguards, and guarding, as listed in the final rule. Violations of these standards create unsafe conditions for underground coal miners. The final rule also requires that the mine operator record and correct violations of the nine safety and health standards found during these examinations. It also requires that the operator review with mine examiners on a quarterly basis all citations and orders issued in areas where preshift, supplemental, on-shift, and weekly examinations are required. The final rule will increase the identification and correction of unsafe conditions in mines earlier, and improve protection for miners in underground coal mines.

**DATES :**  Effective date: August 6, 2012.

**FOR FURTHER INFORMATION CONTACT :**  George F. Triebsch, Director, Office of Standards, Regulations, and Variances, MSHA, at triebsch.george@dol.gov (email), (202) 693–9440 (voice), or (202) 693–9441 (facsimile).

**SUPPLEMENTARY INFORMATION :** 
Table of Contents
I. Executive Summary II. Introduction

A. Statutory and Regulatory History B. Background Information III. General Discussion of Final Rule IV. Section-by-Section Analysis

A. § 75.360 Preshift Examination at Fixed

Intervals B. § 75.361 Supplemental Examination C. § 75.362 On-Shift Examination D. § 75.363 Hazardous Conditions and

Violations of Mandatory Health or Safety Standards; Posting, Correcting, and Recording E. § 75.364 Weekly Examination V. Executive Orders 12866 and 13563: Regulatory Planning and Review A. Population at Risk B. Benefits C. Compliance Costs VI. Feasibility

A. Technological Feasibility B. Economic Feasibility VII. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act A. Definition of a Small Mine B. Factual Basis for Certification VIII. Paperwork Reduction Act of 1995

A. Summary B. Details IX. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act Of

1995 B. Executive Order 13132: Federalism C. The Treasury and General Government

Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families D. Executive Order 12630: Government

Actions and Interference With Constitutionally Protected Property Rights E. Executive Order 12988: Civil Justice

Reform F. Executive Order 13045: Protection of

Children From Environmental Health Risks and Safety Risks G. Executive Order 13175: Consultation

and Coordination With Indian Tribal Governments H. Executive Order 13211: Actions

Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. Executive Order 13272: Proper

Consideration of Small Entities in Agency Rulemaking X. References I. Executive Summary A. Purpose of the Regulatory Action

Effective preshift, supplemental, onshift, and weekly examinations are the first line of defense to protect miners working in underground coal mines. After analyzing the Agency’s accident reports and enforcement data for underground coal mines covering a 5-year period, MSHA determined that the same types of violations of health or safety standards are found by MSHA inspectors in underground coal mines every year and that these violations present some of the most unsafe conditions for coal miners. These repeated violations expose miners to unnecessary safety and health risks that should be found and corrected by mine operators. The final rule will increase the identification and correction of unsafe conditions in mines earlier, removing many of the conditions that could lead to danger, and improve protection for miners in underground coal mines.

Section 303 of the Federal Mine Safety and Health Act of 1977 (Mine Act), which retained without change the