1724 Underground coal mine safety

Title 25—ENVIRONMENTAL PROTECTION

BOARD OF COAL MINE SAFETY

[ 25 PA. CODE CH. 208 ]

Underground Coal Mine Safety

[41 Pa.B. 5360]
[Saturday, October 8, 2011]

 The Board of Coal Mine Safety (Board) adds Chapter 208 (relating to underground coal mine safety). These regulations establish safety standards regarding the following: belt conveyor flammability; the design and installation of mine seals; escapeways; emergency response; and self-contained self-rescue devices. These regulations principally incorporate by reference safety standards adopted by the United States Department of Labor, Mine Safety and Health Administration (MSHA) in 30 CFR Part 75 (relating to mandatory safety standards—underground coal mines). The MSHA regulations/standards incorporated by reference implement the Mine Improvement and New Emergency Response Act of 2006 (Pub. L. No. 109-236) (MINER Act), which amended various provisions of the Federal Mine Safety and Health Act of 1977 (Mine Safety Act) (30 U.S.C.A. §§ 801—965).

 This order was adopted by the Board at its meeting of June 14, 2011.

A. Effective Date

 This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Persons

 For further information, contact Joseph Sbaffoni, Director, Bureau of Mine Safety, Fayette County Health Center, 100 New Salem Road, Room 167, Uniontown PA 15401, [phone]; or Richard S. Morrison, Assistant Director, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, [phone]. Persons with a disability may use the AT&T Relay Service, [phone] (TDD users) or [phone] (voice users). This final-form rulemaking is available through the Department of Environmental Protection (Department) web site at www. depweb.state.pa.us.

C. Statutory Authority

 These regulations are being promulgated under the authority of sections 106, 106.1 and 106.2 of the Bituminous Coal Mine Safety Act (BCMSA) (52 P. S. §§ 690-106, 690-106.1 and 690-106.2) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

D. Background and Purpose

 At the National level, the MSHA regulates mine safety under the authority of the Mine Safety Act. In 2006, the United States Congress amended the Mine Safety Act by enacting the MINER Act. The MINER Act addresses safety issues that were raised by fatal mine accidents at the Sago and Alma Mines in West Virginia, and the Darby Mine in Kentucky. The Mine Safety Act directed the MSHA to develop regulations implementing its provisions. In addition, when adopting the Consolidated Appropriations Act of 2008 (Pub. L. No. 110-161), Congress included a provision directing the MSHA to adopt new flame-resistance standards for belt conveyors. In accordance with these statutory mandates, the MSHA promulgated regulations addressing the flammability of belt conveyors, the strength of seals, escapeways, refuge alternatives, post-accident breathable air, communications, tracking and mine rescue teams. The MSHA regulations are in 30 CFR Parts 1—199 and the operating requirements for underground coal mines are in 30 CFR Part 75.

 Section 506 of the Mine Safety Act (30 U.S.C.A. § 955) preempts state laws or regulations that are less stringent than or conflict with MSHA standards. Unlike with some other Federal statutes, a state cannot obtain primary authority to enforce the Mine Safety Act within the state's jurisdiction. As a result, a number of states have maintained an independent underground coal mine safety program which implements the state's mine safety laws, particularly states like Pennsylvania with a long history of underground coal mining. The Commonwealth has been regulating safety at underground bituminous coal mines since 1889. See the act of May 9, 1889 (P. L. 154, No. 171), regarding the recovery of the bodies of workmen. In 2008, the General Assembly enacted the BCMSA, which constitutes the first significant update of the Commonwealth's underground bituminous coal mine safety laws since 1961. A fundamental purpose of the BCMSA is to establish and promulgate improved mandatory health and safety standards to protect the health and safety of miners and others in and about underground coal mines located in this Commonwealth. See section 103 of the BCMSA (52 P. S. § 690-103).

 One of the significant changes made by the BCMSA is to establish a rulemaking process that will enable the expeditious updating of the interim mandatory health and safety standards in the BCMSA and otherwise help to protect the health, safety and welfare of miners and others in and about mines going forward. The General Assembly established the Board to promulgate regulations implementing the BCMSA. The seven-member Board consists of the Secretary of the Department, who serves as the Chairperson, and six Board members—three representing the viewpoint of mine workers and three representing the viewpoint of underground bituminous coal mine operators. See section 106 of the BCMSA.

 In adopting the BCMSA, the General Assembly recognized that the Pennsylvania Bituminous Coal Mine Act had become outdated and lacked an effective mechanism to modify existing standards or to adopt new safety standards to address changes in technology or recognized hazards. To rectify this problem, the BCMSA establishes broad authority in the Board (and the Department) to adopt regulations to either modernize safety standards in the BCMSA or adopt new safety standards not in the BCMSA. See section 106 of the BCMSA. The Board was directed by the General Assembly in the BCMSA to consider adopting Federal mine safety standards not included as interim mandatory safety standards in the BCMSA. See section 106.1 of the BCMSA. Of particular concern is the adoption of regulations implementing safety standards established by the MINER Act and the MSHA regulations implementing the MINER Act. The General Assembly expressly authorized the Board to promulgate regulations the Board deems appropriate to implement Federal standards adopted by the MINER Act. See section 106.1(h) of the BCMSA.

 In accordance with section 106 of the BCMSA, this final-form rulemaking promulgates as regulations Federal mine safety standards not included as interim mandatory safety standards in the BCMSA. The final-form rulemaking also addresses safety standards established by the MINER Act. To a great extent, this final-form rulemaking incorporates by reference applicable MSHA regulations. However, there are a few instances when the MINER Act regulations needed to be strengthened or clarified and this final-form rulemaking promulgates regulations accordingly to assure the safety of miners in this Commonwealth. Adopting the MSHA regulations by reference when applicable will enhance safety at underground coal mines because the potential for confusion by operators as to the appropriate safety standard is minimized. Moreover, future changes in an MSHA regulation that has been fully incorporated by reference will take immediate effect in this Commonwealth. As a result, these regulations will remain current with the MSHA regulations.

 The proposed rulemaking was published at 40 Pa.B. 3836 (July 10, 2010) with a 60-day public comment period. The Board received 24 comments from 4 commentators.

E. Summary of Changes to the Proposed Rulemaking

§ 208.1. Definitions

 The final-form rulemaking makes a minor edit to the definition of ''overpressure'' to delete a superfluous reference to a section of the Federal regulations and to delete the adjective ''highest'' for purposes of clarity.

§ 208.3. Access to material

 Some minor editorial changes were made to this section for purposes of textual clarity.

§ 208.11. Seals

 The final-form rulemaking is revised to limit its scope to the incorporation of the MSHA standards in 30 CFR 75.335(c) (relating to seal strengths, design applications, and installation).

§ 208.13. Construction and repair of seals

 This section was revised to provide that welding, cutting or soldering within 150 feet of a seal shall be performed in accordance with the MSHA approval.

§ 208.41. Emergency evacuation

 Subsection (b) is revised to make clear that an individual designated by the mine operator who is adequately trained and is capable of initiating the emergency response plan shall be located on the surface in the event that the designated responsible person is not available. The proposed regulation required that a designated individual with the same training in emergency procedures as the responsible person had to be located on the surface during all shifts. Comments pointed out that this requirement would lead to unnecessary redundancy and potential confusion. The revision clarifies the intent of the regulation, which is to assure that a person capable of initiating the emergency response plan is located on the surface in the event the designated responsible person is not available to conduct the emergency response procedures.

F. Summary of Comments and Responses on the Proposed Rulemaking

Access to material

 Section 208.3 (relating to access to material) authorizes the Department to obtain copies of the material an operator submits to the MSHA under the regulations incorporated by reference in this chapter. One commenter questioned the need for this regulation since the BCMSA contains provisions regarding materials that shall be provided to the Department and to miner representatives. For the most part, the Department will be accepting the MSHA's approval of seals and equipment. There are instances when the Department will need copies of this information to approve a plan or to raise concerns to the MSHA for its consideration as part of its review of the requested approval. The Department will provide this information to an official representative of the miners as requested, unless specified otherwise in the chapter.

Seal strength

 The Board received several comments concerning the elimination in the proposed rulemaking of the MSHA option of a 50 psi seal standard if the operator monitors the atmosphere in the abandoned area and the atmosphere remains inert. The proposed regulations would have required mine operators to design, construct and maintain seals to withstand an overpressure of at least 120 psi.

 In response to comments, the Board determined to limit the scope of the final-form rulemaking to the incorporation of MSHA standards in 30 CFR 75.335(c) concerning the design and installation of seals.

Construction and repair of seals

 Section 208.13 (relating to construction and repair of seals) incorporates by reference 30 CFR 75.337 (relating to construction and repair of seals), the MSHA's standards for approving the installation and repair of seals. One commenter questioned the need for this section.

 The incorporation by reference ensures that the Department and the MSHA will be enforcing the same standards to ensure the safe installation and repair of seals. The only difference between this regulation and the MSHA regulation is that a copy of the information to justify welding, cutting or soldering within 150 feet of a seal is to be submitted to the representative of the miners. This enables the persons who could be placed at risk by the welding, cutting or soldering activity to have an opportunity to comment on the adequacy of the operator's proposal.

Training

 Section 208.14 (relating to training) establishes the training requirements for persons involved in the installation or repair of seals. It incorporates by reference 30 CFR 75.338 (relating to training). A commenter noted that the MSHA rule concerning the training of senior management is ambiguous and is not clear as to who shall be trained and when the individual shall be trained. The commenter suggested that some consideration be given to clarifying this aspect of the regulation.

 To eliminate confusion, the Department will use the MSHA guidance policy on who shall be trained and when they shall be trained.

Escapeways

 The Board received several comments pertaining to escapeways which disagreed with the distinction made in proposed § 208.21(a) (relating to escapeways) and the MSHA regulation. The proposed regulation did not incorporate the language in 30 CFR 75.380(c) (relating to escapeways; bituminous and lignite mines) allowing the two escapeways to end in one multiple compartment shaft or slope separated by walls.

 Section 274 of the BCMSA (52 P. S. § 690-274) directly addresses mine openings or outlets. The BCMSA specifically requires that the two intake openings or outlets to the surface may not be at a common shaft, slope or drift opening. The BCMSA also states that the openings or outlets must have a distinct means of egress available for use by the employees. For this reason, § 208.21(a) does not incorporate by reference the language in 30 CFR 75.380(c) that allows two escapeways to end in one multiple compartment shaft or slope separated by walls. The regulations adhere to the statutory requirement in the BCMSA. Both State law and the Federal regulations require at least two intake openings or outlets to the surface from every seam of coal being worked. The Department will apply escapeway requirements in accordance with MSHA regulations to primary and secondary escapeways designated by mine operators.

Belts

 Section 208.32(a) (relating to maintenance of belt conveyors and belt conveyor entries) incorporates by reference 30 CFR 75.1731 (relating to maintenance of belt conveyors and belt conveyor entries) so that the Department will be using the MSHA belt and belt entry maintenance requirements. Subsection (b) makes it clear that the belt conveyor preshift and fixed interval inspections address compliance with these maintenance requirements. One commentator does not believe this provision is necessary. However, these requirements are common sense actions that will minimize the risk of a conveyor belt fire.

Emergencies

 Section 208.41(a) (relating to emergency evacuation) incorporates by reference 30 CFR 75.1501 (relating to emergency evacuations). The proposed regulation required that a designated individual with the same training in emergency procedures as the responsible person had to be located on the surface during all shifts. The Board received several comments on this section which pointed out that this requirement would lead to unnecessary redundancy and potential confusion.

 The Board agrees with the commentators that this section should be revised to express the intent more clearly. Subsection (b) of this section has been revised to make clear that an individual designated by the mine operator who is adequately trained and is capable of initiating the emergency response plan shall be located on the surface in the event that the designated responsible person is not available. The change clarifies the intent of the regulation, which is to assure that a person capable of initiating the emergency response plan is located on the surface in the event the designated responsible person is not available to conduct the emergency response procedures.

G. Benefits, Costs and Compliance

Benefits

 The final-form rulemaking enhances mine safety by ensuring that abandoned areas are isolated from the working mine, by reducing the possibility of belt conveyor fires and by enhancing the miners' ability to survive a mine fire, cave-in or the inundation of a mine by gas or water. The Department will be enforcing the MSHA requirements concerning emergency response and emergency response training, escapeways, self-contained self-rescue devices and refuge alternative requirements.

Compliance Costs

 This final-form rulemaking does not impose new compliance costs. For the most part, this final-form rulemaking imposes standards already imposed by the MSHA.

Compliance Assistance Plan

 The Department will work with the Pennsylvania Coal Association to assist coal mine operators in complying with these regulations. In addition, compliance assistance will be provided by the mine inspectors as part of their inspections of mines.

Paperwork Requirements

 The only new paperwork requirement imposed by this final-form rulemaking is that operators will be required to submit to the Department applications to conduct welding, cutting or soldering within 150 feet of a seal.

H. Pollution Prevention

 The final-form rulemaking will not modify the pollution prevention approach by the regulated community and maintains the multimedia pollution prevention approach of existing requirements in 25 Pa. Code (relating to environmental protection).

I. Sunset Review

 These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.

J. Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 30, 2010, the Department submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 3836, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.

 Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on August 24, 2011, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 25, 2011, and approved the final-form rulemaking.

K. Findings

 The Board finds that:

 (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) A public comment period was provided, notice was submitted to the operator of each mine and, when applicable, the representative of the miners at the mine as required by law. All comments were considered.

 (3) These regulations do not enlarge the purpose of the proposed rulemaking published at 40 Pa.B. 3836.

 (4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.

L. Order

 The Board, acting under the authorizing statutes, orders that:

 (a) The regulations of the Department, 25 Pa. Code, are amended by adding §§ 208.1—208.3, 208.11—208.15, 208.21, 208.31, 208.32, 208.41—208.48, 208.51 and 208.61—208.69 to read as set forth in Annex A.

 (b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.

 (c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.

 (d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.

 (e) This order takes effect immediately.

MICHAEL L. KRANCER, 
Chairperson

 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 41 Pa.B. 4923 (September 10, 2011).)

 Fiscal Note: Fiscal Note 7-455 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart D. ENVIRONMENTAL HEALTH AND SAFETY

ARTICLE IV. OCCUPATIONAL HEALTH AND SAFETY

CHAPTER 208. UNDERGROUND COAL MINE SAFETY

GENERAL PROVISIONS

Sec.

208.1.	Definitions.
208.2.	Scope.
208.3.	Access to material.

SEALS

208.11.	Seals.
208.12.	Sampling and monitoring requirements.
208.13.	Construction and repair of seals.
208.14.	Training.
208.15.	Seals records.

ESCAPEWAYS

208.21.

Escapeways.

BELTS

208.31.	Approval of conveyor belts.
208.32.	Maintenance of belt conveyors and belt conveyor entries.

EMERGENCIES

208.41.	Emergency evacuation.
208.42.	Emergency evacuation and firefighting program of instruction.
208.43.	Use of fire suppression equipment.
208.44.	Mine emergency evacuation training and drills.
208.45.	Escapeway maps.
208.46.	Refuge alternatives.
208.47.	Emergency response plan; refuge alternatives.
208.48.	Training and records for examination, maintenance and repair of refuge alternatives and components.

COMMUNICATIONS

208.51.

Communications facilities for refuge alternatives.

SELF-CONTAINED SELF-RESCUE DEVICES

208.61.	Availability of approved self-contained self-rescue devices; instruction in use and location.
208.62.	Approved self-contained self-rescue devices.
208.63.	Self-contained self-rescue devices; use and location requirements.
208.64.	Self-contained self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.
208.65.	Additional self-contained self-rescue devices.
208.66.	Map locations.
208.67.	Emergency tethers.
208.68.	Multi-gas detectors.
208.69.	Reporting SCSR inventory, malfunctions and retention.

GENERAL PROVISIONS

§ 208.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

 Act—The Bituminous Coal Mine Safety Act (52 P. S. §§ 690-101—690-708).

 Approval or approved—The term as defined in section 104 of the act (52 P. S. § 690-104).

 MSHA—The term as defined in section 104 of the act.

 Miner—The term as defined in section 104 of the act.

 NIOSH—The term as defined in section 104 of the act.

 Operator—The term as defined in section 104 of the act.

 Overpressure—The pressure over the background atmospheric pressure that could result from an explosion, which includes the impact of the pressure wave on an object.

 psi—Pounds per square inch.

 Representative of the miners—The term as defined in section 104 of the act.

 SCSR—Self-contained self-rescue device—A type of closed-circuit, self-contained breathing apparatus approved by MSHA and NIOSH under 42 CFR Part 84 (relating to approval of respiratory protective devices) for escape only from underground mines.

 Underground bituminous coal mine or mine—The term as defined in section 104 of the act.

§ 208.2. Scope.

 The safety standards and procedures in this chapter apply to all underground bituminous coal mines, operators and miners subject to the act.

§ 208.3. Access to material.

 Upon request from the Department, or as required under this chapter, an operator shall submit to the Department a copy of any application, report, plan or other material submitted to MSHA pursuant to a regulation adopted by reference in this chapter. Upon request from the authorized representative of the miners, the Department will provide to the representative of the miners copies of an application, report, plan or other material submitted by an operator to MSHA pursuant to a regulation adopted by reference in this chapter.

SEALS

§ 208.11. Seals.

 (a) Seal installation. The provisions of 30 CFR 75.335(c)(relating to seal strengths, design applications, and installation) are incorporated by reference.

 (b) Seal Strength greater than 120 psi. The provisions of 30 CFR 75.335(a)(3) shall be used for determining when the strength of a seal shall exceed 120 psi.

 (c) Seal installation approval. The operator shall submit an application to install the MSHA-approved seal design to the Department for its review and approval concerning seal installation. An approved application to install the seal shall be made part of the abandoned area ventilation plan required under section 235 of the act (52 P. S. § 690-235) regarding unused and abandoned parts of mines and follow 30 CFR 75.335(c).

 (1) The operator shall provide the representative of the miners, if applicable, the approved seal design installation application at the same time the operator submits the application to the Department.

 (2) Any individual installing the seal shall do so in accordance with the approved abandoned area ventilation plan.

§ 208.12. Sampling and monitoring requirements.

 The provisions of 30 CFR 75.336 (relating to sampling and monitoring requirements) are incorporated by reference.

§ 208.13. Construction and repair of seals.

 (a) General. The provisions of 30 CFR 75.337 (relating to construction and repair of seals) are incorporated by reference.

 (b) Welding, cutting and soldering. The operator shall submit to the Department and the representative of the miners the same information submitted to MSHA under 30 CFR 75.337(f). Any welding, cutting or soldering within 150 feet of a seal shall be performed in accordance with the MSHA approval.

§ 208.14. Training.

 The provisions of 30 CFR 75.338 (relating to training) are incorporated by reference.

§ 208.15. Seals records.

 (a) General. The provisions of 30 CFR 75.339 (relating to seals records) are incorporated by reference.

 (b) Access to records. Upon request from the Department, or from the authorized representative of the miners, mine operators shall provide access to any record required by this section.

ESCAPEWAYS

§ 208.21. Escapeways.

 (a) Bituminous and lignite mines. The provisions of 30 CFR 75.380 (relating to escapeways; bituminous and lignite mines) are incorporated by reference except that the language in 30 CFR 75.380(c) allowing the two escapeways to end in one multiple compartment shaft or slope separated by walls is not incorporated by reference.

 (b) Mechanical and escape facilities. The provisions of 30 CFR 75.382 (relating to mechanical escape facilities) are incorporated by reference.

 (c) Longwall and shortwall travelways. The provisions of 30 CFR 75.384 (relating to longwall and shortwall travelways) are incorporated by reference. If a roof fall or other blockage occurs that prevents travel in the travelway, the mine operator shall notify the Department.

BELTS

§ 208.31. Approval of conveyor belts.

 The provisions of 30 CFR 75.1108(b) and (c) (relating to approved conveyor belts) are incorporated by reference.

§ 208.32. Maintenance of belt conveyors and belt conveyor entries.

 (a) Maintenance standards. The provisions of 30 CFR 75.1731 (relating to maintenance of belt conveyors and belt conveyor entries) are incorporated by reference.

 (b) Inspections. Individuals conducting inspections of belt conveyors required under sections 218 and 218.1 of the act (52 P. S. §§ 690-218 and 690-218.1) regarding preshift examination at fixed intervals and supplemental inspection shall address compliance with this section's maintenance requirements.

EMERGENCIES

§ 208.41. Emergency evacuation.

 (a) Emergency evacuation. The provisions of 30 CFR 75.1501 (relating to emergency evacuations) are incorporated by reference.

 (b) Individual located on the surface. An individual designated by the mine operator who is adequately trained and is capable of initiating the emergency response plan shall be located on the surface in the event the designated responsible person is not available.

§ 208.42. Emergency evacuation and firefighting program of instruction.

 The provisions of 30 CFR 75.1502 (relating to mine emergency evacuation and firefighting program of instruction) are incorporated by reference.

§ 208.43. Use of fire suppression equipment.

 The provisions of 30 CFR 75.1503 (relating to use of fire suppression equipment) are incorporated by reference.

§ 208.44. Mine emergency evacuation training and drills.

 The provisions of 30 CFR 75.1504 (relating to mine emergency evacuation training and drills) are incorporated by reference.

§ 208.45. Escapeway maps.

 The provisions of 30 CFR 75.1505 (relating to escapeway maps) are incorporated by reference.

§ 208.46. Refuge alternatives.

 The provisions of 30 CFR 75.1506 (relating to refuge alternatives) are incorporated by reference.

§ 208.47. Emergency response plan; refuge alternatives.

 The provisions of 30 CFR 75.1507 (relating to Emergency Response Plan; refuge alternatives) are incorporated by reference.

§ 208.48. Training and records for examination, maintenance and repair of refuge alternatives and components.

 The provisions of 30 CFR 75.1508 (relating to training and records for examination, maintenance and repair of refuge alternatives and components) are incorporated by reference.

COMMUNICATIONS

§ 208.51. Communications facilities for refuge alternatives.

 The provisions of 30 CFR 75.1600-3 (relating to communications facilities; refuge alternatives) are incorporated by reference.

SELF-CONTAINED SELF-RESCUE DEVICES

§ 208.61. Availability of approved self-contained self-rescue devices; instruction in use and location.

 The provisions of 30 CFR 75.1714 (relating to availability of approved self-rescue devices; instruction in use and location) are incorporated by reference.

§ 208.62. Approved self-contained self-rescue devices.

 The provisions of 30 CFR 75.1714-1 (relating to approved self-rescue devices) are incorporated by reference.

§ 208.63. Self-contained self-rescue devices; use and location requirements.

 The provisions of 30 CFR 75.1714-2 (relating to self-rescue devices; use and location requirements) are incorporated by reference.

§ 208.64. Self-contained self-rescue devices; inspection, testing, maintenance, repair, and record- keeping.

 The provisions of 30 CFR 75.1714-3 (relating to self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping) are incorporated by reference.

§ 208.65. Additional self-contained self-rescue devices.

 The provisions of 30 CFR 75.1714-4 (relating to additional self-contained self-rescuers (SCSRs)) are incorporated by reference.

§ 208.66. Map locations.

 The provisions of 30 CFR 75.1714-5 (relating to map locations of self-contained self-rescuers (SCSR)) are incorporated by reference.

§ 208.67. Emergency tethers.

 The provisions of 30 CFR 75.1714-6 (relating to emergency tethers) are incorporated by reference.

§ 208.68. Multi-gas detectors.

 The provisions of 30 CFR 75.1714-7 (relating to multi-gas detectors) are incorporated by reference.

§ 208.69. Reporting SCSR inventory, malfunctions and retention.

 The provisions of 30 CFR 75.1714-8 (relating to reporting SCSR inventory and malfunctions; retention of SCSRs) are incorporated by reference.

[Pa.B. Doc. No. 11-1724. Filed for public inspection October 7, 2011, 9:00 a.m.]