[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Rules and Regulations]
[Pages 52210-52213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20795]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 6, 7, 15, 18, 19, 20, 22, 23, 27, 28, 33, 35, 36, and 
74


MSHA Approval and Certification Center Address Change

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Final rule, technical amendment.

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SUMMARY: MSHA is amending its regulations to update the mailing address 
of the U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center (Center) in Triadelphia, West 
Virginia. The address of the Center has changed since publication of 
the regulations.

DATES: Effective Date: September 9, 2008.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Blvd., Room 
2350, Arlington, Virginia 22209-3939, <a href="/cdn-cgi/l/email-protection#f182989d879488df8190858398929890b1959e9ddf969e87"><span class="__cf_email__" data-cfemail="8cffe5e0fae9f5a2fcedf8fee5efe5edcce8e3e0a2ebe3fa">[email protected]</span></a> (e-mail), 
(202) 693-9440 (voice), or (202) 693-9441 (telefax). This document is 
available on the Internet at http://www.msha.gov/REGSINFO.HTM.

SUPPLEMENTARY INFORMATION: The U.S. Postal Service has changed the 
mailing address for MSHA's Technical Support Approval and Certification 
Center. The new mailing address is: U.S. Department of Labor, Mine 
Safety and Health Administration, 765 Technology Drive, Triadelphia, WV 
26059. This change was required by the Center's local fire and rescue 
squad so that 911 emergency personnel can identify locations accurately 
in case of an emergency. Accordingly, the regulations in 30 CFR 
6.30(a), 7.3(a), 7.10(c)(1), 7.304(g)(2)(ii), 15.4(a), 18.3, 
18.6(a)(3)(i), 18.6(a)(4), 18.80(a), 18.81(a), 18.82(a), 18.82(c), 
19.3(a), 19.4(a), 19.13(a)(1), 20.3(a), 20.5(a), 20.14(a)(1), 22.4(a), 
22.5(a), 22.11(a)(1), 22.3(a), 23.5(a), 23.14(a)(1), 27.3, 27.4(a)(1), 
28.10(c), 28.31(b), 28.40(d), 33.3, 33.6(a)(1), 35.3, 35.6(a)(1), 
35.6(g), 36.3, 36.6(a)(1), and 74.6(a) are amended to reflect the new 
mailing address. This action is being taken for accuracy and to improve 
emergency response capability. This technical amendment does not meet 
the definition of ``rule'' in 5 U.S.C. 551(4). Therefore, it is not 
subject to the rule making requirements in 5 U.S.C. 553. This action 
also does not constitute a ``regulatory action'' subject to Executive 
Order 12866, as amended.

List of Subjects in 30 CFR Parts 6, 7, 15, 18, 19, 20, 22, 23, 27, 
28, 33, 35, 36, and 74.

    Mine safety and health.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.

0
Accordingly, under the authority of 30 U.S.C. 957, chapter I of title 
30, Code of Federal Regulations is amended as follows:

PART 6--TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-
MSHA PRODUCT SAFETY STANDARDS

0
1. The authority citation for part 6 continues to read as follows:

    Authority: 30 U.S.C. 957.


0
2. Section 6.30 is amended by revising the third sentence of paragraph 
(a) to read as follows:


Sec.  6.30  MSHA listing of equivalent non-MSHA product safety 
standards.

* * * * *
    (a) * * * The IEC standards may be inspected at the U.S. Department 
of Labor, Mine Safety and Health Administration, Electrical Safety 
Division, Approval and Certification Center, 765 Technology Drive, 
Triadelphia, WV 26059, and may be purchased from International 
Electrical Commission, Central Office 3, rue de Varemb[eacute], P.O. 
Box 131, CH-1211 GENEVA 20, Switzerland.
* * * * *

PART 7--TESTING BY APPLICANT OR THIRD PARTY

0
3. The authority citation for part 7 continues to read as follows:

    Authority: 30 U.S.C. 957.


0
4. Section 7.3 is amended by revising paragraph (a) to read as follows:


Sec.  7.3  Application procedures and requirements.

    (a) Application. Requests for an approval or extension of approval 
shall be sent to: U.S. Department of Labor, Mine Safety and Health 
Administration, Approval and Certification Center, 765 Technology 
Drive, Triadelphia, WV 26059.
* * * * *
0
5. Section 7.10 is amended by revising the third sentence of paragraph 
(c)(1) introductory text to read as follows:


Sec.  7.10  MSHA acceptance of equivalent non-MSHA product safety 
standards.

* * * * *
    (c) * * *
    (1) * * * The IEC standards may be inspected at the U.S. Department 
of Labor, Mine Safety and Health Administration, Electrical Safety 
Division, Approval and Certification Center, 765 Technology Drive, 
Triadelphia, WV 26059, or at the National Archives and Records 
Administration (NARA). * * *
* * * * *
0
6. Section 7.304 is amended by revising the fourth sentence of 
paragraph (g)(2)(ii) to read as follows:


Sec.  7.304  Technical requirements.

* * * * *
    (g) * * *
    (2) * * *
    (i) * * *
    (ii) * * * Copies may be inspected at the U.S. Department of Labor, 
Mine Safety and Health Administration,

[[Page 52211]]

Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059, or at the National Archives and Records Administration 
(NARA). * * *
* * * * *

PART 15--REQUIREMENTS FOR APPROVAL OF EXPLOSIVES AND SHEATHED 
EXPLOSIVE UNITS

0
7. The authority citation for part 15 continues to read as follows:

    Authority: 30 U.S.C. 957.


0
8. Section 15.4 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.4  Application procedures and requirements.

    (a) Application. Requests for an approval or an extension of 
approval under this part shall be sent to: U.S. Department of Labor, 
Mine Safety and Health Administration, Approval and Certification 
Center, 765 Technology Drive, Triadelphia, WV 26059.
* * * * *

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

0
9. The authority citation for part 18 continues to read as follows:

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


0
10. Section 18.3 is amended by revising the first sentence to read as 
follows:


Sec.  18.3  Consultation.

    By appointment, applicants or their representatives may visit the 
U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059, to discuss a proposed design to be submitted for approval, 
certification, or acceptance for listing. * * *
0
11. Section 18.6 is amended by revising the third sentence of paragraph 
(a)(3)(i) and paragraph (a)(4) to read as follows:


Sec.  18.6  Applications.

    (a) * * *
    (3) * * *
    (i) * * * The IEC standards may be inspected at the U.S. Department 
of Labor, Mine Safety and Health Administration, Electrical Safety 
Division, Approval and Certification Center, 765 Technology Drive, 
Triadelphia, WV 26059, or at the National Archives and Records 
Administration (NARA). * * *
* * * * *
    (4) The application, all related documents, and all correspondence 
concerning it shall be addressed to the U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059.
* * * * *
0
12. Section 18.80 is amended by revising paragraph (e) to read as 
follows:


Sec.  18.80  Approval of machines assembled with certified or 
explosion-proof components.

* * * * *
    (e) Approvals are issued only by the U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059.
0
13. 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 the U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059.
* * * * *
0
14. 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, 1100 Wilson 
Blvd., Room 2322, Arlington, Virginia 22209-3939, and send a copy to 
the U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059.
* * * * *
    (c) * * * Unless equipment is delivered to MSHA for investigation, 
the applicant shall notify the U.S. Department of Labor, Mine Safety 
and Health Administration, Approval and Certification Center, 765 
Technology Drive, 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

0
15. The authority citation for part 19 continues to read as follows:

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

0
16. Section 19.3 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec.  19.3  Application procedures and requirements.

    (a) * * * This application shall be sent to: U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
together with the required drawings, one complete lamp, and 
instructions for its operation. * * *
* * * * *
0
17. 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 the U.S. 
Department of Labor, Mine Safety and Health Administration, Approval 
and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
* * * * *
0
18. Section 19.13 is amended by revising the first sentence of 
paragraph (a)(1) to read as follows:


Sec.  19.13  Instructions for handling future changes in lamp design.

* * * * *
    (a)(1) The manufacturer shall write to the U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
requesting an extension of the original approval and stating the change 
or changes desired. * * *
* * * * *

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

0
19. The authority citation for part 20 continues to read as follows:

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


0
20. Section 20.3 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec.  20.3  Application procedures and requirements.

    (a) * * * This application shall be sent to: U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
together with the required

[[Page 52212]]

drawings, one complete lamp, and instructions for its operation. * * *
* * * * *
0
21. 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 the U.S. 
Department of Labor, Mine Safety and Health Administration, Approval 
and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
* * * * *
0
22. Section 20.14 is amended by revising the first sentence of 
paragraph (a)(1) to read as follows:


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

* * * * *
    (a)(1) The manufacturer shall write to the U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
requesting an extension of the original approval and describing the 
change or changes proposed. * * *
* * * * *

PART 22--PORTABLE METHANE DETECTORS

0
23. The authority citation for part 22 continues to read as follows:

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

0
24. Section 22.4 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec.  22.4  Application procedures and requirements.

    (a) * * * This application shall be sent to: U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
together with the required drawings, one complete detector, and 
instructions for its operation. * * *
* * * * *
0
25. 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 the U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059, at the time the 
application for tests is made.
* * * * *
0
26. Section 22.11 is amended by revising the first sentence of 
paragraph (a)(1) to read as follows:


Sec.  22.11  Instructions on handling future changes in design.

* * * * *
    (a)(1) The manufacturer must write to the U.S. Department of Labor, 
Mine Safety and Health Administration, Approval and Certification 
Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an 
extension of the original approval and stating the change or changes 
desired. * * *
* * * * *

PART 23--TELEPHONES AND SIGNALING DEVICES

0
27. The authority citation for part 23 continues to read as follows:

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

0
28. Section 23.3 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec.  23.3  Application procedures and requirements.

    (a) * * * This application shall be sent to: U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
together with the required drawings, one complete telephone or 
signaling device, and instructions for its operation. * * *
* * * * *
0
29. Section 23.5 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec.  23.5  Conditions governing investigations.

    (a) * * * These shall be sent prepaid to: Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
* * * * *
0
30. Section 23.14 is amended by revising the first sentence of 
paragraph (a)(1) to read as follows:


Sec.  23.14  Instructions for handling future changes in design.

* * * * *
    (a)(1) The manufacturer shall write to the U.S. Department of 
Labor, Mine Safety and Health Administration, Approval and 
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
requesting an extension of the original approval and stating the change 
or changes desired. * * *
* * * * *

PART 27--METHANE-MONITORING SYSTEMS

0
31. The authority citation for part 27 continues to read as follows:

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


0
32. 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 the 
U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059, to discuss with qualified MSHA personnel proposed methane-
monitoring systems to be submitted in accordance with the regulations 
of this part. * * *
* * * * *
0
33. Section 27.4 is amended by revising the second sentence of 
paragraph (a)(1) to read as follows:


Sec.  27.4  Application procedures and requirements.

    (a)(1) * * * The application and all related matters and 
correspondence shall be addressed to: U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059. * * *
* * * * *

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

0
34. The authority citation for part 28 continues to read as follows:

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


0
35. Section 28.10 is amended by revising the first sentence of 
paragraph (c) to read as follows:


Sec.  28.10  Application procedures.

* * * * *
    (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 the U.S. 
Department of Labor, Mine Safety and Health Administration, Approval 
and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. 
* * *
* * * * *
0
36. Section 28.31 is amended by revising the second sentence of 
paragraph (b) to read as follows:

[[Page 52213]]

Sec.  28.31  Quality control plans; contents.

* * * * *
    (b) * * * Military Specification MIL-F-15160D is available for 
examination at the U.S. Department of Labor, Mine Safety and Health 
Administration, Approval and Certification Center, 765 Technology 
Drive, Triadelphia, WV 26059. * * *
* * * * *
0
37. 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 the U.S. 
Department of Labor, Mine Safety and Health Administration, Approval 
and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, 
and copies of the document are available from COMM 2000, 1414 Brook 
Drive, Downers Grove, IL 60515; Telephone: 888-853-3512 (toll free); 
http://ulstandardsinfonet.ul.com.
* * * * *

PART 33--DUST COLLECTORS FOR USE IN CONNECTION WITH ROCK DRILLING 
IN COAL MINES

0
38. The authority citation for part 33 continues to read as follows:

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


0
39. Section 33.3 is amended by revising the first sentence to read as 
follows:


Sec.  33.3  Consultation.

    By appointment, applicants or their representatives may visit the 
U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059, to discuss with MSHA personnel proposed designs of equipment 
to be submitted in accordance with the regulations of this part. * * *
0
40. Section 33.6 is amended by revising the second sentence of 
paragraph (a)(1) to read as follows:


Sec.  33.6  Application procedures and requirements.

    (a)(1) * * * The application and all related matters and 
correspondence shall be addressed to: U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059. * * *
* * * * *

PART 35--FIRE-RESISTANT HYDRAULIC FLUIDS

0
41. The authority citation for part 35 continues to read as follows:

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


0
42. 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 the 
U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center, 765 Technology Drive, Triadelphia, 
WV 26059, to discuss with qualified MSHA personnel proposed fluids to 
be submitted in accordance with the regulations of this part. * * *
0
43. Section 35.6 is amended by revising the second sentence of 
paragraph (a)(1) and the third sentence of paragraph (g) to read as 
follows:


Sec.  35.6  Application procedures and requirements.

    (a)(1) * * * The application and all related matters and 
correspondence shall be addressed to: U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059. * * *
* * * * *
    (g) * * * All samples and related materials required for testing 
must be delivered (charges prepaid) to: U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059.

PART 36--APPROVAL REQUIREMENTS FOR PERMISSIBLE MOBILE DIESEL-
POWERED TRANSPORTATION EQUIPMENT

0
44. The authority citation for part 36 continues to read as follows:

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


0
45. 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 the 
U.S. Department of Labor, Mine Safety and Health Administration, 
Approval and Certification Center, 765 Technology Drive, 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. * * *
0
46. Section 36.6 is amended by revising the second sentence of 
paragraph (a)(1) to read as follows:


Sec.  36.6  Application procedures and requirements.

    (a)(1) * * * The application and all related matters and 
correspondence shall be addressed to: U.S. Department of Labor, Mine 
Safety and Health Administration, Approval and Certification Center, 
765 Technology Drive, Triadelphia, WV 26059. * * *
* * * * *

PART 74--COAL MINE DUST PERSONAL SAMPLER UNITS

0
47. The authority citation for part 74 continues to read as follows:

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


0
48. Section 74.6 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec.  74.6  Applications.

    (a) * * * The applications, together with the drawings and 
specifications and any other related documents shall be sent to 
National Institute for Occupational Safety and Health, Department of 
Health and Human Services, Box 4256, 944 Chestnut Ridge Road, 
Morgantown, WV 26505, and the U.S. Department of Labor, Mine Safety and 
Health Administration, Approval and Certification Center, 765 
Technology Drive, Triadelphia, WV 26059.
* * * * *
[FR Doc. E8-20795 Filed 9-8-08; 8:45 am]
BILLING CODE 4510-43-P


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