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 


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