[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR77]

[Page 622]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 77_MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK 
AREAS OF UNDERGROUND COAL MINES--Table of Contents
 
                Subpart B_Qualified and Certified Persons
 
Sec.  77.100  Certified person.


    (a)(1) The provisions of this Part 77 require that certain 
examinations and tests be made by a certified person. A certified person 
within the meaning of these provisions is a person who has been 
certified in accordance with the provisions of paragraph (b) of this 
Sec.  77.100 to perform the duties, and make the examinations and tests 
which are required by this Part 77 to be performed by a certified 
person.
    (2) A person who has been so certified shall also be considered to 
be a qualified person within the meaning of those provisions of this 
Part 77 which require that certain examinations, tests and duties be 
performed by a qualified person, except those provisions in Subparts F, 
G, H, I, and J of this part relating to performance of electrical work.
    (b) Pending issuance of Federal standards, a person will be 
considered, to the extent of the certification, a certified person to 
make examinations, tests and perform duties which are required by this 
Part 77 to be performed by a certified person:
    (1) If he has been certified for such purpose by the State in which 
the coal mine is located; or
    (2) If this person has been certified for such purpose by the 
Secretary. A person's initial certification is valid for as long as the 
person continues to satisfy the requirements necessary to obtain the 
certification and is employed at the same coal mine or by the same 
independent contractor. The mine operator or independent contractor 
shall make an application which satisfactorily shows that each such 
person has had at least 2 years experience at a coal mine or equivalent 
experience, and that each such person demonstrates to the satisfaction 
of an authorized representative of the Secretary that such person is 
able and competent to test for oxygen deficiency with a permissible 
flame safety lamp, or any other device approved by the Secretary and to 
test for methane with a portable methane detector approved by the Bureau 
of Mines, MESA, or MSHA, under Part 22 of this Chapter (Bureau of Mines 
Schedule 8C), and to perform such other duties for which application for 
certification is made. Applications for certification by the Secretary 
should be submitted in writing to the Mine Safety and Health 
Administration, Certification and Qualification Center, P.O. Box 25367, 
Denver Federal Center, Denver, Colorado 80225.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54 
FR 30515, July 20, 1989]