§ 29.4 - Definitions.

As used in this part—

(a) Applicant means an individual, partnership, company, corporation, association, or other organization that designs, manufactures, assembles, or fabricates, or controls the design, manufacture, assembly, or fabrication of a portable coal dust/rock dust analyzer or a continuous duty, warning light, portable methane detector, and who seeks to obtain a certificate of approval for such analyzer or detector.

(b) Approval means a certificate or formal document issued by MSHA stating that an individual portable coal dust/rock dust analyzer or an individual continuous duty, warning light, portable methane detector has met the applicable minimum requirements of this Part 29, and that the applicant is authorized to use and attach an approval label or plate on any portable coal dust/rock dust analyzer or continuous duty, warning light, portable methane detector manufactured, fabricated, or assembled in conformance with the plans and specifications upon which the approval was based, as evidence of such approval.

(c) Approved means conforming to the minimum requirements of this Part 29.

(d) Bureau means the U.S. Bureau of Mines, Department of the Interior.

(e) Coal dust means particles of coal that can pass a No. 20 sieve.

(f) 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, and includes custom coal preparation facilities.

(g) Coal mine dust means solid particles with sizes ranging from submicroscopic to microscopic, including but not limited to coal dust and rock dust.

(h) Continuous duty, warning light, portable methane detector means a portable, self-contained instrument, containing a red warning light which flashes in the presence of methane-air mixtures having methane concentrations of 1.0 percent ±0.2 percent.

(i) Portable coal dust/rock dust analyzer means a portable, self-contained instrument, capable of indicating the incombustible content of coal mine dust over a range of from 50 percent to 100 percent incombustible.

(j) Rock dust means pulverized limestone, dolomite, gypsum, anhydrite, shale, adobe, or other inert material, preferably light colored, 100 per centum of which will pass through a sieve having 20 meshes per linear inch and 70 per centum or more of which will pass through a sieve having 200 meshes per linear inch; the particles of which when wetted and dried will not cohere to form a cake which will not be dispersed into separate particles by a light blast of air; and which does not contain more than 5 per centum of combustible matter or more than a total of 4 per centum of free and combined silica (SiO2),or, where the Secretary finds that such silica concentrations are not available, which does not contain more than 5 per centum of free and combined silica.

(k) Work of preparing the coal means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and such other work of preparing such coal as is usually done by the operator of the coal mine.

(l) MESA means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor organization to MSHA, prior to March 9, 1978.

(m) MSHA means the United States Department of Labor, Mine Safety, and Health Administration.