[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR90.2]

[Page 652-653]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 90--MANDATORY HEALTH STANDARDS--COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS--Table of Contents
 
                           Subpart A--General
 
Sec. 90.2  Definitions.

    For the purpose of this Part 90, the term:
    Act means the Federal Mine Safety and Health Act of 1977, Pub. L. 
91-173, as amended by Pub. L. 95-164.
    Active workings means any place at a coal mine where miners are 
normally required to work or travel.
    Certified person means an individual certified by the Secretary in 
accordance with Sec. 90.202 (Certified person; sampling) to take 
respirable dust samples required by this part or certified in accordance 
with Sec. 90.203 (Certified person; maintenance and calibration)

[[Page 653]]

to perform the maintenance and calibration of respirable dust sampling 
equipment as required by this part.
    Concentration means a measure of the amount of a substance contained 
per unit volume of air.
    District Manager means the manager of the Coal Mine Safety and 
Health District in which the mine is located.
    Mechanized mining unit means: (1) A unit of mining equipment 
including hand loading equipment used for the production of material; or 
(2) a specialized unit which utilizes mining equipment other than 
specified in Sec. 70.207(e) (Bimonthly sampling; mechanized mining 
unit).
    MRE instrument means the gravimetric dust sampler with a four 
channel horizontal elutriator developed by the Mining Research 
Establishment of the National Coal Board, London, England.
    MSHA means the Mine Safety and Health Administration of the 
Department of Labor.
    Normal work duties means duties which the Part 90 miner performs on 
a routine day-to-day basis in his or her job classification at a mine.
    Part 90 miner means a miner employed at an underground coal mine or 
at a surface work area of an underground coal mine who has exercised the 
option under the old section 203(b) program (36 FR 20601, October 27, 
1971), or under Sec. 90.3 (Part 90 option; notice of eligibility; 
exercise of option) of this part to work in an area of a mine where the 
average concentration of respirable dust in the mine atmosphere during 
each shift to which that miner is exposed is continuously maintained at 
or below 1.0 milligrams per cubic meter of air, and who has not waived 
these rights.
    Quartz means crystalline silicon dioxide (SiO2) not 
chemically combined with other substances and having a distinctive 
physical structure.
    Respirable dust means dust collected with a sampling device approved 
by the Secretary and the Secretary of Health and Human Services in 
accordance with part 74 (Coal Mine Dust Personal Sampler Units) of this 
title. Sampling device approvals issued by the Secretary of the Interior 
and Secretary of Health, Education, and Welfare are continued in effect.
    Secretary means the Secretary of Labor or a delegate.
    Secretary of Health and Human Services means Secretary of Health and 
Human Services or Secretary of Health, Education, and Welfare.
    Surface work area of an underground coal mine means the surface 
areas of land and all structures, facilities, machinery, tools, 
equipment, shafts, slopes, excavations, and other property, real or 
personal, placed upon or above the surface of such land by any person, 
used in, or to be used in, or resulting from, the work of extracting 
bituminous coal, lignite, or anthracite from its natural deposits 
underground by any means or method, and the work of preparing the coal 
so extracted, and includes custom coal preparation facilities;
    Transfer means any change in the work assignment of a Part 90 miner 
by the operator and includes: (1) Any change in occupation code of a 
Part 90 miner; (2) any movement of a Part 90 miner to or from a 
mechanized mining unit; or (3) any assignment of a Part 90 miner to the 
same occupation in a different location at a mine.
    Underground coal mine means an area of land and all structures, 
facilities, machinery, tools, equipment, shafts, slopes, tunnels, 
excavations, and other property, real or personal, placed upon, under, 
or above the surface of such land by any person, used in, or to be used 
in, or resulting from the work of extracting in such area bituminous 
coal, lignite, or anthracite from its natural deposits in the earth by 
any means or method, and the work of preparing the coal so extracted.
    Valid respirable dust sample means a respirable dust sample 
collected and submitted as required by this part, and not voided by 
MSHA.