30 CFR § 870.11 - Applicability.
The regulations in this part apply to all surface and underground coal mining operations except -
(a) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;
(b) The extraction of coal as an incidental part of Federal, State, or local government-financed highway or other construction;
(2) In any twelve consecutive months in a State with an approved State program until counterpart regulations pursuant to part 702 of this chapter have been incorporated into the State program and in accordance with such counterpart regulations, thereafter; and