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Sec Form 20-F - Registration Statement/annual Report/transition Report/shell Company Report Page 60

penalties referenced in Subpart C of 29 CFR Part 2700; (c) complaints for compensation referenced in Subpart D of 29 CFR Part

2700; (d) complaints of discharge, discrimination or interference referenced in Subpart E of 29 CFR Part 2700; (e) applications

for temporary relief referenced in Subpart F of 29 CFR Part 2700; and (f) appeals of judges’ decisions or orders to the Federal

Mine Safety and Health Review Commission referenced in Subpart H of 29 CFR Part 2700.

Instructions to Item 16H

1. Item 16H only applies to annual reports, and not to registration statements on Form 20-F.

2. The exhibit described in this Item must meet the requirements under Instruction 19 as to Exhibits of this Form.

3. For purposes of this Item:

a. The term coal or other mine means a coal or other mine, as defined in section 3 of the Federal Mine Safety and Health

Act of 1977 (30 U.S.C. 802), that is subject to the provisions of such Act (30 U.S.C. 801 et seq).

b. The term operator has the meaning given the term in section 3 of the Federal Mine Safety and Health Act of 1977 (30

U.S.C.802).

c. The term subsidiary has the meaning given the term in Exchange Act Rule 12b-2 (17 CFR 240.12b-2).

Sec Form 20-F - Registration Statement/annual Report/transition Report/shell Company Report Page 60