This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

20697 

Vol. 77, No. 67 

Friday, April 6, 2012 

SPECIAL INSPECTOR GENERAL FOR 

AFGHANISTAN RECONSTRUCTION 

5 CFR Part 9303 

RIN 3460–AA01 

Supplemental Standards of Ethical 

Conduct for Employees 

AGENCY: Special Inspector General for 

Afghanistan Reconstruction. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Special Inspector General 

for Afghanistan Reconstruction (SIGAR), 

with the concurrence of the Office of 

Government Ethics (OGE), is issuing an 

interim regulation for SIGAR employees 

that will supplement the executive 

branch-wide Standards of Ethical 

Conduct (Standards) issued by OGE. 

The supplemental regulation includes a 

requirement that SIGAR employees 

obtain prior approval for certain types of 

outside activities. 

DATES: Effective date: April 6, 2012. 

Comment date: Comments are invited 

and must be received by June 5, 2012. 

ADDRESSES: You may submit comments, 

in writing, to Hugo Teufel on this rule, 

identified by RIN 3460–AA01, by any of 

the following methods: 

• Email: hugo.teufel.civ@mail.mil. 

Include the reference ‘‘Supplemental 

Standards of Ethical Conduct for 

Employees of SIGAR’’ in the subject line 

of the message. 

• Mail: Special Inspector General for 

Afghanistan Reconstruction, 2530 

Crystal Drive, Arlington, VA 22202– 

3940. Attention: Hugo Teufel, 

Designated Agency Ethics Official 

(DAEO). 

• Hand Delivery/Courier: Special 

Inspector General for Afghanistan 

Reconstruction, 1550 Crystal Drive, 9th 

Floor, Arlington, VA 22202. Attention: 

Hugo Teufel, Designated Agency Ethics 

Official (DAEO). 

FOR FURTHER INFORMATION CONTACT: 

Christina Beach, Ethics Compliance 

Officer, at 703–545–5994, email: 

christina.k.beach.civ@mail.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 1992, OGE published the Standards 

of Ethical Conduct for Employees of the 

Executive Branch, as codified at 5 CFR 

part 2635 and effective February 3, 

1993, which established uniform 

standards of ethical conduct applicable 

to all executive branch personnel. 

The National Defense Authorization 

Act (Pub. L. 110–181) established 

SIGAR. The agency’s mission is to 

provide independent oversight of the 

treatment, handling, and expenditure of 

funds appropriated or otherwise made 

available for the reconstruction of 

Afghanistan; detect and deter fraud, 

waste, and abuse of U.S. funds; and 

promote actions to increase program 

economy, efficiency, and effectiveness. 

Afghanistan reconstruction includes any 

major contract, grant, agreement, or 

other funding mechanism entered into 

by any department or agency of the 

United States government that involves 

the use of amounts appropriated, or 

otherwise made available for the 

reconstruction of Afghanistan with any 

private entity to: (1) Build or rebuild 

physical infrastructure of Afghanistan, 

(2) establish or reestablish political or 

societal institutions of Afghanistan, (3) 

build the Afghanistan National Security 

Forces, and (4) provide products or 

services to the people of Afghanistan. 

Given the importance of the agency’s 

mission and the need to maintain 

objectivity and independence, SIGAR, 

through the proposed provisions, would 

require prior agency approval before 

employees engage in certain outside 

activities. Part 2635.105 authorizes 

executive branch agencies, with the 

concurrence of OGE, to publish such 

agency-specific supplemental 

regulations as may be necessary to 

implement their respective ethics 

programs. SIGAR, with OGE’s 

concurrence, has determined that the 

following supplemental regulation is 

necessary, given SIGAR’s unique status 

and mission, to implement the agency’s 

ethics program. 

II. Analysis of the Regulations 

Section 9303.101 General 

Section 9303.101 explains that the 

regulations apply to all SIGAR 

employees and supplement the 

executive branch-wide Standards in 5 

CFR part 2635. Section 9303.101 also 

provides a cross-reference to the 

executive branch-wide financial 

disclosure regulations contained in 5 

CFR part 2634, the executive branchwide regulation regarding outside 

employment at 5 CFR part 2636, and the 

regulation concerning executive branch 

financial interests contained in 5 CFR 

part 2640. 

Section 9303.102 Prior Approval for 

Certain Outside Activities 

Under 5 CFR 2635.803, agencies may, 

by supplemental regulations, require 

employees to obtain approval before 

engaging in outside employment and 

activities. SIGAR has determined that it 

is necessary to the administration of its 

ethics program to require its employees, 

other than special Government 

employees, to obtain prior approval for 

certain types of outside employment 

and activities. This approval 

requirement will help to ensure that 

potential ethical problems are resolved 

before employees begin outside 

employment or activities that could 

involve a violation of applicable laws 

and regulations. 

Under § 9303.102(a)(1), SIGAR 

employees must obtain prior approval 

regarding the provision of professional 

services that involve the application of 

the same specialized skills or the same 

educational background as performance 

of the employee’s official duties. Such 

outside activities may raise a strong risk 

of a violation of the Standards. For 

purposes of this section, the definition 

of ‘‘professional services’’ in 

§ 9303.102(d)(3) reflects the definition 

of ‘‘profession’’ as provided at 5 CFR 

2636.305(b)(1), and 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. 

Secretarial and clerical positions are 

not, for purposes of this requirement, 

considered to provide ‘‘professional 

services.’’ 

Under § 9303.102(a)(2), SIGAR 

employees must obtain prior approval 

regarding teaching, speaking, or writing 

that relates to the employee’s official 


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20698 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations 

duties. This section requires prior 

approval of outside speaking and 

writing, as well as outside teaching, but 

only if it ‘‘relates to the employee’s 

official duties.’’ Consistent with the 

Standards, the term ‘‘relates to the 

employee’s official duties’’ is defined in 

§ 9303.102(d)(5) as having the meaning 

provided in 5 CFR 2635.807(a)(2)(i)(B) 

through (a)(2)(i)(E). To summarize that 

definition, teaching, speaking, or 

writing relates to the employee’s official 

duties if the invitation to teach, speak, 

or write is extended primarily because 

of the employee’s official position; if the 

invitation or the offer of compensation 

(when the employee is to be 

compensated for the activity) is 

extended by a person whose interests 

may be affected substantially by the 

employee’s performance or 

nonperformance of his or her official 

duties; if the activity draws 

substantially on ‘‘nonpublic 

information,’’ a term which 

§ 9303.102(d)(2) defines as having the 

meaning set forth in § 2635.703(b) of the 

Standards and which therefore includes 

information that the employee gains by 

reason of Federal employment and that 

the employee knows or reasonably 

should know has not been made 

available to the general public; if the 

subject of the activity deals in 

significant part with SIGAR programs, 

operations or policies, or with the 

employee’s current or recent 

assignments; or, in the case of a noncareer employee as defined in 5 CFR 

2636.303(a), if the subject of the activity 

deals in significant part with the general 

subject matter area, industry, or 

economic sector primarily affected by 

the programs and operations of SIGAR. 

Under § 9303.102(a)(3), SIGAR 

employees must obtain prior approval 

regarding certain services for a 

‘‘prohibited source.’’ The term 

‘‘prohibited source’’ is defined in 

§ 9303.102(d)(4) as having the meaning 

set forth in § 2635.203(d) of the 

Standards, and therefore in summary 

includes a person or organization, a 

majority of whose members seek official 

action by SIGAR, do or seek to do 

business with SIGAR, are subject to 

oversight by SIGAR pursuant to sections 

1229 and 842 of the National Defense 

Authorization Act for FY 2008, Pub. L. 

No. 110–181, or who may be 

substantially affected by the 

performance or nonperformance of the 

employee’s duties. The kind of services 

for a prohibited source for which 

§ 9303.102(a)(3) requires prior approval 

are those that could raise a question of 

conflicting financial interests under 

subpart D of the Standards or a question 

of loss of impartiality in performing 

official duties under subpart E of the 

Standards. Those services include 

service as an officer, director, trustee, 

general partner, employee, agent, 

attorney, consultant, contractor, or 

‘‘active participant.’’ The term ‘‘active 

participant’’ is defined in 

§ 9303.102(d)(1) as having the meaning 

set forth in subpart E of the Standards, 

at 5 CFR 2635.502(b)(1)(v). In 

accordance with that definition, 

payment of dues to an organization, or 

the donation or solicitation of financial 

support, alone does not constitute active 

participation. 

An exception to the prior approval 

requirement in § 9303.103(a)(3) 

excludes from the prior approval 

requirement therein a number of 

uncompensated and volunteer activities 

that are unlikely to raise issues under 

the Standards. Specifically, employees 

do not have to obtain approval before 

providing the services listed in 

§ 9303.102(a)(3), if the service is without 

compensation (other than 

reimbursement of expenses) and the 

prohibited source for which the service 

is to be provided is a nonprofit 

charitable, religious, professional, 

social, fraternal, educational, 

recreational, public service, or civic 

organization. However, prior approval 

for such an activity is required if the 

activity is covered by another of the 

prior approval requirements in this 

section. 

Under § 9303.102(a)(4), SIGAR 

employees must obtain prior approval 

regarding the provision of services, 

other than clerical services or service as 

a fact witness, on behalf of any other 

person in connection with a particular 

matter in which the United States is a 

party, in which the United States has a 

direct and substantial interest, or if the 

provision of services involves the 

preparation of materials for submission 

to, or representation before, a Federal 

court or executive branch agency. Under 

5 CFR 2635.805, employees are required 

to obtain authorization before acting as 

expert witnesses, other than on behalf of 

the United States, in any proceeding 

before a Federal court or agency in a 

matter in which the United States is a 

party or has a direct and substantial 

interest. Paragraph (a)(4) of § 9303.102 is 

intended to cover such testimony as an 

outside activity, thus eliminating the 

need to create a separate procedure for 

the required authorization. In addition, 

requiring prior approval under these 

circumstances will help employees to 

avoid violating the representational bars 

in 18 U.S.C. 203 and 205. 

Section 9303.102(b) sets forth the 

procedures for submitting a request for 

approval of an outside activity, 

specifying the information to be 

included in the employee’s request, and 

the contents of a certification the 

employee is to submit with the request 

for approval. 

Section 9303.102(c) specifies the 

standard for granting approval. 

Approval shall be granted only upon a 

determination by the agency official 

who is the designated authority to make 

such a determination that the outside 

employment is not expected to involve 

conduct prohibited by statute or Federal 

regulation. 

Section 9303.102(d) defines the terms 

‘‘active participant,’’ ‘‘nonpublic 

information,’’ ‘‘professional services,’’ 

‘‘prohibited source,’’ and ‘‘relates to the 

employee’s official duties,’’ for purposes 

of the section, as explained above, 

consistent with the Standards and other 

regulations issued by OGE. 

Requiring prior approval will give 

SIGAR managers the opportunity to 

review the proposed employment or 

activity in light of the employee’s 

official duties and to consult with an 

agency ethics official concerning the 

applicability of Federal conflict of 

interest statutes and ethics regulations 

to the proposed activity. The executive 

branch-wide Standards, at 5 CFR 

2635.802, explain that an activity 

conflicts with an employee’s official 

duties if it is prohibited by statute or by 

an agency supplemental regulation, or 

if, under the standards set forth in 

§§ 2635.402 and 2635.502 of the 

Standards, it would require the 

employee’s disqualification from 

matters so central or critical to the 

performance of the employee’s official 

duties that the employee’s ability to 

perform the duties of his or her position 

would be materially impaired. Even 

when prior approval is not required, 

conflict of interest statutes and the 

Standards may restrict the actions of 

employees in connection with 

participation in such activities or 

organizations. 

III. Matters of Regulatory Procedure 

Administrative Procedure Act 

Under 5 U.S.C. 1103(b)(1) and 1105, 

these regulations are not subject to the 

rulemaking requirements of the 

Administrative Procedure Act, at 5 

U.S.C. 553(b), (c), and (d), because they 

apply solely to SIGAR or its employees. 

Furthermore, SIGAR finds good cause 

that it is in the public interest that these 

internal regulations take effect as an 

interim rule upon the date of 

publication of this Federal Register 

rulemaking document. In issuing a final 

rule on this matter, SIGAR will consider 


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all written comments on this rule that 

are submitted by the June 5, 2012 due 

date. 

Regulatory Flexibility Act 

As Acting Inspector General of 

SIGAR, I have determined under the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

because it will primarily affect SIGAR 

employees. 

Paperwork Reduction Act 

As Acting Inspector General of 

SIGAR, I have determined that the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35) does not apply to this rule, 

because it does not contain any 

information collection requirements that 

would require the approval of the Office 

of Management and Budget. 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

chapter 25, subchapter II), this rule 

would not significantly or uniquely 

affect small governments and would not 

result in increased expenditures by 

State, local, and tribal governments, or 

by the private sector, of $100 million or 

more (as adjusted for inflation) in any 

one year. 

Congressional Review Act 

SIGAR has determined that this rule 

is not a rule as defined in 5 U.S.C. 804 

and, thus, does not require review by 

Congress. 

Executive Order 12866 

In promulgating this rule, SIGAR has 

adhered to the regulatory philosophy 

and the applicable principles of 

regulation set forth in section 1 of 

Executive Order 12866, Regulatory 

Planning and Review. This rule has not 

been reviewed by the Office of 

Management and Budget under that 

Executive order, since it deals with 

agency organization, management, and 

personnel matters and is not in any way 

event deemed ‘‘significant’’ thereunder. 

Executive Order 12988 

As Acting Inspector General of 

SIGAR, I have reviewed this rule in light 

of section 3 of Executive Order 12988, 

Civil Justice Reform, and certify that it 

meets the applicable standards provided 

therein. 

List of Subjects in 5 CFR Part 9303 

Conflict of interests, Government 

employees. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Special Inspector General 

for Afghanistan Reconstruction, with 

the concurrence of the Office of 

Government Ethics, is amending chapter 

LXXXIII of title 5 of the Code of Federal 

Regulations by adding part 9303 to read 

as follows: 

PART 9303—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE OFFICE OF 

THE SPECIAL INSPECTOR GENERAL 

FOR AFGHANISTAN 

RECONSTRUCTION 

Sec. 

9303.101 General. 

9303.102 Prior approval for certain outside 

activities. 

Authority: 5 U.S.C. Section 7301; 5 U.S.C. 

App. (Ethics in Government Act of 1978, as 

amended), E.O. 12674, 54 FR 15159, 3 CFR 

1989 Comp., p. 215, as modified by E.O. 

12731, 55 FR 42547; 3 CFR 1990 Comp., p. 

306; 5 CFR 2635.105, 2635.702, 2635.703, 

2635.801, 2635.802, 2635.803, and 2635.805. 

§ 9303.101 General. 

In accordance with 5 CFR 2635.105, 

the regulations in this part apply to 

employees of the Office of the Special 

Inspector General for Afghanistan 

Reconstruction (SIGAR) and 

supplement the Standards of Ethical 

Conduct for Employees of the Executive 

Branch contained in 5 CFR part 2635. In 

addition to the regulations in 5 CFR part 

2635 and this part, SIGAR employees 

are subject to the executive branch-wide 

financial disclosure regulations 

contained in 5 CFR part 2634; the 

executive branch regulations regarding 

outside employment at 5 CFR part 2636; 

and the regulations concerning 

executive branch financial interests 

contained in 5 CFR part 2640. 

§ 9303.102 Prior approval for certain 

outside activities. 

(a) Prior approval requirement. An 

employee, other than a special 

Government employee, shall obtain 

written approval before engaging—with 

or without compensation—in the 

following outside activities: 

(1) Providing professional services 

involving the application of the same 

specialized skills or the same 

educational background as performance 

of the employee’s official duties; 

(2) Teaching, speaking, or writing that 

relates to the employee’s official duties; 

(3) Serving as an officer, director, 

trustee, general partner, employee, 

agent, attorney, consultant, contractor, 

or active participant for a prohibited 

source, except that prior approval is not 

required by this paragraph (a)(3) to 

provide such service without 

compensation (other than 

reimbursement of expenses) for a 

prohibited source that is a nonprofit 

charitable, religious, professional, 

social, fraternal, educational, 

recreational, public service, or civic 

organization, unless prior approval for 

the activity is required by paragraph 

(a)(1), (a)(2), or (a)(4) of this section; or 

(4) Providing services, other than 

clerical services or service as a fact 

witness, on behalf of any other person 

in connection with a particular matter: 

(i) In which the United States is a 

party; 

(ii) In which the United States has a 

direct and substantial interest; or 

(iii) If the provision of services 

involves the preparation of materials for 

submission to, or representation before, 

a Federal court or executive branch 

agency. 

(b) Submission of requests for 

approval. (1) Requests for approval shall 

be submitted in writing to SIGAR’s 

Inspector General or Inspector General’s 

designee through normal supervisory 

channels. Such requests shall include, 

at a minimum, the following: 

(i) The employee’s name and position 

title; 

(ii) The name and address of the 

person or organization for whom or for 

which the outside activity is to be 

performed; 

(iii) A description of the proposed 

outside activity, including the duties 

and services to be performed while 

engaged in the activity; and 

(iv) The proposed hours that the 

employee will engage in the outside 

activity, and the approximate dates of 

the activity. 

(2) Together with the employee’s 

request for approval, the employee shall 

provide a certification that: 

(i) The outside activity will not 

depend in any way on nonpublic 

information; 

(ii) No official duty time or 

Government property, resources, or 

facilities not available to the general 

public will be used in connection with 

the outside activity; and 

(iii) The employee has read subpart H 

(‘‘Outside Activities’’) of 5 CFR part 

2635. 

(3) Upon a significant change in the 

nature or scope of the outside activity or 

in the employee’s official position, the 

employee shall submit a revised request 

for approval. 

(c) Approval of requests. Approval 

shall be granted only upon a 

determination by SIGAR’s Inspector 

General or Inspector General’s designee, 

in consultation with the General 

Counsel and the Director of Public 


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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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